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 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 National 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 National 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 2007--
`(1) the Task Force, with the concurrence of the National 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 2007, the National 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 2007, the Task Force, with the concurrence
of the National 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 2007, the Administrator,
in consultation with the National 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. 133. ENVIRONMENTAL SOUNDNESS.
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) 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 2007, the Administrator,
in consultation with the Secretary, the National 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 National Invasive Species
Council, shall publish (not later than 1 year after the date of enactment
of the National Aquatic Invasive Species Act of 2007) 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 National 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. 134. INFORMATION, EDUCATION, AND OUTREACH.
Section 1202(h) of the Nonindigenous Aquatic Nuisance Prevention and Control
Act of 1990 (16 U.S.C. 4722(h)) is amended--
(1) by striking `(h) education- The Task Force' and inserting the following:
`(h) Information, Education, and Outreach-
`(1) IN GENERAL- The Task Force'; and
(2) by adding at the end the following:
`(A) IN GENERAL- The programs carried out under paragraph (1) shall
include the activities described in this paragraph.
`(i) PUBLIC WARNINGS- Not later than 180 days after the date of enactment
of the National Aquatic Invasive Species Act of 2007, each Federal
officer of an agency that provides Federal funds to States for building
or maintaining public access points to United States water bodies
shall amend the guidelines of the agency, in consultation with relevant
State agencies, to encourage the posting of regionally-specific public
warnings or other suitable informational and educational materials
at the access points regarding--
`(I) the danger of spread of aquatic invasive species through the
transport of recreational watercraft; and
`(II) methods for removing organisms prior to transporting a watercraft.
`(ii) CLEANING OF WATERCRAFT AT MARINAS- Not later than 1 year after
the date of enactment of the National Aquatic Invasive Species Act
of 2007, the Under Secretary and the Director (in cooperation with
the Task Force and in consultation with the States, relevant industry
groups, and Indian tribes) shall develop an education, outreach, and
training program directed toward marinas and marina operators regarding--
`(I) checking watercraft for live organisms;
`(II) removing live organisms from the watercraft before the watercraft
are commercially or recreationally trailered;
`(III) encouraging regular hull cleaning and maintenance, avoiding
in-water hull cleaning; and
`(IV) other activities, as identified by the Secretary.
`(iii) PROPER DISPOSAL OF NONINDIGENOUS LIVE AQUATIC ORGANISMS IN
TRADE- The Task Force shall--
`(I) not later than 1 year after the date of enactment of the National
Aquatic Invasive Species Act of 2007, develop (in consultation with
industry and other affected parties) guidelines for proper disposal
of live nonindigenous aquatic organisms in trade; and
`(II) use the guidelines in appropriate public information and outreach
efforts.
`(C) 100th MERIDIAN PROGRAM-
`(i) IN GENERAL- Not later than 1 year after the date of enactment
of the National Aquatic Invasive Species Act of 2007, the Task Force
shall expand the information and education program directed at recreational
boaters in States from which watercraft are transported westward across
the 100th meridian.
`(ii) ACTIVITIES- In carrying out the program, the task force shall--
`(I) survey owners of watercraft transported westward across the
100th meridian to determine the States of origin of most such owners;
`(II) provide information directly to watercraft owners concerning
the importance of cleaning watercraft carrying live organisms before
transporting the watercraft; and
`(III) support education and information programs of the States
of origin to ensure that the State programs address westward spread.
`(D) INFORMATION AND EDUCATION PROGRAM BY NATIONAL PARK SERVICE- The
Secretary of the Interior, acting through the Director of the National
Park Service, shall develop a program to provide public outreach and
other educational activities to prevent the spread of aquatic invasive
species by recreational watercraft in parkland or through events sponsored
by the National Park Service.
`(3) OUTREACH TO INDUSTRY- The Task Force, in conjunction with the National
Invasive Species Council, shall carry out activities to inform and promote
voluntary cooperation and regulatory compliance by members of the national
and international maritime, horticultural, aquarium, aquaculture, pet
trade, and other appropriate industries with screening, monitoring, and
control of the transportation of aquatic invasive species.
`(4) PUBLIC ACCESS TO MONITORING INFORMATION- The Task Force, the National
Invasive Species Council, and other relevant agencies, shall maintain
information on the Internet regarding--
`(A) the best approaches for the public and private interests to use
in assisting with national early detection and monitoring of aquatic
invasive species in waters of the United States;
`(B) contact locations for joining a national network of monitoring
stations;
`(C) approved State Management Plans under section 1204(a) and Rapid
Response Contingency Strategies under subsections (b) and (c) of section
1211; and
`(D) the list of potential invaders under section 1201(a)(4).'.
PART V--AQUATIC INVASIVE SPECIES RESEARCH
SEC. 141. ECOLOGICAL, PATHWAY, AND EXPERIMENTAL RESEARCH.
(a) In General- Subtitle B of the Nonindigenous Aquatic Nuisance Prevention
and Control Act of 1990 (16 U.S.C. 4711 et seq.) (as amended by section
131) is amended by adding at the end the following:
`SEC. 1107. ECOLOGICAL, PATHWAY, AND EXPERIMENTAL RESEARCH.
`(a) Definition of Administering Agencies-
`(1) IN GENERAL- In this section and section 1108, the term `administering
agencies' means--
`(A) the Smithsonian Environmental Research Center;
`(B) the United States Geological Survey; and
`(C) the National Oceanic and Atmospheric Administration (including
the Great Lakes Environmental Research Laboratory).
`(2) MEMORANDUM OF UNDERSTANDING- The administering agencies shall enter
into an agreement regarding implementation of this subtitle.
`(3) CONSULTATION- In carrying out this section, the administering agencies
shall consult with--
`(B) the Environmental Protection Agency;
`(C) the United States Fish and Wildlife Service; and
`(D) other appropriate Federal and State agencies.
`(4) COOPERATION- In carrying out this section, the administering agencies
shall contract, as appropriate, or otherwise cooperate with academic researchers.
`(b) Program- The administering agencies shall develop (not later than 18
months after the date of enactment of the National Aquatic Invasive Species
Act of 2007) and conduct a marine and freshwater research program (including
ecological and pathway surveys and experimentation) to assess rates of,
patterns of, and conditions surrounding introductions of nonindigenous aquatic
species in aquatic ecosystems.
`(c) Purpose- The purpose of the program is to support efforts to prevent
the introduction of, and detect and eradicate, invasive species by--
`(1) providing information for--
`(A) early detection and rapid response efforts; and
`(B) relevant policy questions; and
`(2) assessing the effectiveness of implemented policies (including any
standard) to prevent the introduction and spread of aquatic invasive species.
`(d) Protocol Development- The administering agencies shall--
`(1) establish standardized protocols for conducting surveys that are
integrated and produce comparable data, and, as practicable, build on
existing protocols and data collection methods (including surveys required
under subsection (b)), including--
`(A) protocols to support early detection surveys of nonindigenous aquatic
species conducted by Federal, State, or local agencies involved in the
management of invasive species, including surveys carried out pursuant
to section 1106;
`(B) protocols to support comprehensive ecological surveys conducted
under this section for purposes of research and analysis of rates and
patterns of invasions; and
`(C) protocols to support pathway surveys;
`(2) recommend a standardized approach for classifying species;
`(3) when proposing protocols, consider recommendations made at the workshop
conducted under subsection (h);
`(4) subject the protocols to peer review;
`(5) complete the protocols not later than 1 year after the date of enactment
of the National Aquatic Invasive Species Act of 2007;
`(6) revise protocols as necessary; and
`(7) disseminate the protocols to the Task Force and other Federal, State,
and local stakeholders.
`(e) Ecological and Pathway Survey Requirements-
`(1) IN GENERAL- Each comprehensive ecological survey conducted under
this section shall, at a minimum--
`(A) document baseline ecological information of the aquatic ecosystem,
including--
`(i) to the maximum extent practicable, a comprehensive inventory
of native species, nonindigenous species, and species of unknown origin,
present in the ecosystem; and
`(ii) the chemical and physical characteristics of water and underlying
substrate in the ecosystem;
`(B) in the case of nonindigenous species, gather information to assist
in identifying--
`(i) the life history of the species;
`(ii) the environmental requirements and tolerances of the species;
`(iii) the native ecosystems of the species; and
`(iv) the history of the species spread from the native ecosystems
of the species;
`(C) track the establishment of nonindigenous species, including information
about the estimated population of nonindigenous organisms to allow an
analysis of the probable date of introduction of the species; and
`(D) identify the likely pathway of entry of nonindigenous species.
`(2) MINIMUM REQUIREMENTS- Each pathway survey conducted under this section
shall, at a minimum--
`(A) identify which nonindigenous aquatic species are being introduced,
or have the potential to be introduced, through the pathways under consideration;
`(B) determine the rate of organism introduction through the pathways
under consideration; and
`(C) determine the practices that contributed to or could contribute
to the introduction of nonindigenous aquatic species through the pathways
under consideration.
`(f) Number and Location of Survey Sites-
`(1) REQUIRED SITES- The administering agencies shall designate the number
and location of survey sites necessary to carry out marine and freshwater
research required under this section.
`(2) EMPHASIS- In carrying out paragraph (1) and subsection (g), the administering
agencies shall give particular consideration to--
`(A) the geographic diversity of sites; and
`(B) the diversity of human uses and biological characteristics of sites.
`(g) Competitive Grant Program-
`(1) IN GENERAL- In order to assist in carrying out subsections (b) and
(i), the administering agencies (acting through the National Oceanic and
Atmospheric Administration) shall administer a program to award grants
to academic institutions, State agencies, and other appropriate groups.
`(2) ADMINISTRATION- The program required under this section shall be
competitive, peer-reviewed, and merit-based.
`(h) Workshop- Not later than 120 days after the date of enactment of the
National Aquatic Invasive Species Act of 2007, to assist in the development
of the protocols and design for the surveys under this section, the administering
agencies shall--
`(1) convene a workshop among researchers from Federal and State agencies
and academic institutions to obtain recommendations for the development
of the protocols and surveys; and
`(2) make the results of the workshop widely available to the public.
`(i) Experimentation- The administering agencies shall conduct (at existing
field stations and such other sites as may be appropriate) coordinated experiments
on a range of taxonomic groups to identify--
`(1) the relationship between the introduction and establishment of nonindigenous
aquatic species; and
`(2) the circumstances necessary for the species to survive and thrive.
`(j) National Pathways and Ecological Surveys Database-
`(1) IN GENERAL- The United States Geological Survey shall develop, maintain,
and update, in consultation and cooperation with the Smithsonian Environmental
Research Center and the National Oceanic and Atmospheric Administration,
a central national database of information concerning information collected
under section 1107(b).
`(2) REQUIREMENT- The United States Geological Survey shall--
`(A) make the database widely available to the public;
`(B) update the database not less often than once every 90 days;
`(C) coordinate the database with existing databases collecting similar
information; and
`(D) to the maximum extent practicable, format the databases in a manner
such that the data is useful for researchers and Federal and State employees
managing relevant invasive species programs.'.
(b) Vessel Pathway Surveys- Section 1102(b)(2)(B) of Nonindigenous Aquatic
Nuisance Prevention and Control Act of 1990 (16 U.S.C. 4712(b)(2)(B)) is
amended by striking clause (ii) and inserting the following:
`(ii) examine other potential modes for the introduction of nonindigenous
aquatic species by vessel, including hull fouling.'.
SEC. 142. ANALYSIS.
(a) In General- Subtitle B of the Nonindigenous Aquatic Nuisance Prevention
and Control Act of 1990 (16 U.S.C. 4711 et seq.) (as amended by section
141(a)) is amended by adding at the end the following:
`SEC. 1108. ANALYSIS.
`(1) IN GENERAL- Not later than 3 years after the date of enactment of
the National Aquatic Invasive Species Act of 2007, and annually thereafter,
the administering agencies shall analyze data collected under section
1107 and other relevant research, for the purpose of preventing the introduction
of, detecting, and eradicating invasive species by--
`(A) providing information for early detection and rapid response efforts;
`(B) providing information for relevant policy questions; and
`(C) assessing the effectiveness of implemented policies to prevent
the introduction and spread of invasive species.
`(2) CONTENTS- The analysis required under paragraph (1) shall include,
with respect to aquatic invasive species--
`(A) an analysis of pathways to--
`(i) identify, and characterize as high-, medium-, or low-risk, regional
and national pathways for the introduction of nonindigenous aquatic
species into aquatic ecosystems;
`(ii) identify new and expanding pathways through which nonindigenous
aquatic species may be introduced into aquatic ecosystems;
`(iii) identify handling practices that contribute to the introduction
of species in pathways; and
`(iv) assess the risk that species currently used in commerce pose
for introduction into aquatic ecosystems;
`(B) include patterns and rates of invasion and susceptibility to invasion
of various types of bodies of water;
`(C) consider the ways in which the risk of establishment of an aquatic
invasive species through a pathway is related to the identity and number
of organisms transported;
`(D) consider rates of spread and numbers and types of pathways of spread
of new populations of the aquatic invasive species and estimate the
potential for the spread and distribution of newly introduced invasive
species based on the environmental requirements and historical distribution
of the species;
`(E) document factors that influence the vulnerability of an ecosystem
to invasion by a nonindigenous aquatic species;
`(F) include a description of the potential for, and impacts of, pathway
management programs on invasion rates;
`(G) provide recommendations for improvements on the effectiveness of
pathway management;
`(H) to the extent practicable, determine the level of reduction in
live organisms of various taxonomic groups required to reduce to an
acceptable level the risk of establishment to receiving aquatic ecosystems;
and
`(I) evaluate the effectiveness of management actions (including any
standard) at reducing species introductions and establishment.
`(3) REPORT- The administering agencies shall submit to the Task Force
a report on analyses conducted under this section.
`(b) Research To Assess the Potential of the Establishment of Introduced
Species-
`(1) IN GENERAL- Not later than 2 years after the date of enactment of
the National Aquatic Invasive Species Act of 2007, the administering agencies
shall develop, conduct peer review of, and submit to the Task Force a
profile of the general characteristics of invasive species, in order to--
`(A) predict, to the extent practicable, whether a species planned for
importation is likely to invade a particular aquatic ecosystem if introduced;
and
`(B) support the development of the screening process authorized under
section 1105.
`(2) RESEARCH- In developing the profile, the administering agencies shall
analyze the research conducted under section 1107 and other research as
necessary to determine--
`(A) characteristics of general species and ecosystems (taking into
account the opportunity for introduction into any ecosystem); and
`(B) circumstances that may lead to establishment of a nonindigenous
aquatic organism.
`(3) RECOMMENDATIONS- Based on the profile, the administering agencies
shall develop and submit to the Task Force, for inclusion in the report
to Congress developed under section 1201(f)(2)(B), recommendations concerning
which planned importation of nonindigenous aquatic organisms warrant restriction
under section 1105.
`SEC. 1109. DISSEMINATION.
`(a) In General- The National Invasive Species Council, in coordination
with the Task Force, and the administering agencies shall disseminate the
information collected under this Act to Federal, State, and local entities
(including relevant policymakers and private researchers with responsibility
over or interest in aquatic invasive species).
`(b) Reports- The National Invasive Species Council shall--
`(1) not later than 3 years after the date of enactment of the National
Aquatic Invasive Species Act of 2007, submit to Congress a report that
describes the actions and findings carried out under this Act; and
`(2) at least once every 3 years thereafter or more often as necessary,
update the report.
`(c) Response Strategy- To enable Federal, State, and local entities having
responsibility for responding to the introduction of potentially harmful
nonindigenous aquatic species to better and more rapidly respond to those
introductions, the National Invasive Species Council, in coordination with
the Task Force, the administering agencies, and other appropriate Federal
and State agencies, shall implement a national strategy for the sharing
of information collected under this Act with those entities.
`(d) Pathway Practices- The National Invasive Species Council, in coordination
with the Task Force, and the administering agencies shall disseminate information
to, and develop an ongoing educational program for, pathway users (including
vendors and customers) to inform those users about means by which users
can prevent the intentional or unintentional introduction of nonindigenous
aquatic species into aquatic ecosystems.
`SEC. 1110. TECHNOLOGY DEVELOPMENT, DEMONSTRATION, AND VERIFICATION.
`(a) Environmentally Sound Technology Development, Demonstration, and Verification-
`(1) IN GENERAL- Not later than 1 year after the date of enactment of
the National Aquatic Invasive Species Act of 2007, the Administrator,
in consultation with the Army Corps of Engineers and the administering
agencies, shall develop and implement a grant program to fund research,
development, demonstration, and verification of environmentally sound
cost-effective technologies and methods to control and eradicate aquatic
invasive species.
`(2) PURPOSES- Proposals funded under this program shall--
`(A) provide funds to support on-going efforts of Federal, State, or
local officials to control and eradicate aquatic invasive species in
an environmentally sound manner;
`(B) increase the number of environmentally sound technologies or methods
Federal, State, or local officials may use to control or eradicate aquatic
invasive species;
`(C) provide for the demonstration or dissemination of the technologies
or methods to potential end-users; and
`(D) verify that any technology or practice meets any appropriate criteria
developed for effectiveness and environmental soundness that are established
by the Administrator.
`(3) PREFERENCE- In making grants under this subsection, the Administrator
shall give preference to proposals that meet criteria developed for environmental
soundness that are established by the Administrator.
`(4) MERIT REVIEW- Grants awarded through this subsection shall be awarded
through a competitive, peer-reviewed process and shall be merit-based.
`(5) REPORT- Not later than 3 years after the date of enactment of the
National Aquatic Invasive Species Act of 2007, the Administrator shall
submit to Congress a report on the program conducted under this subsection,
including findings and recommendations of the Secretary with respect to
technologies and methods described in paragraph (1).
`(b) Dispersal Barrier Research Program- Not later than 1 year after the
date of enactment of the National Aquatic Invasive Species Act of 2007,
the Assistant Secretary, in conjunction with the Director and other appropriate
Federal agencies and academic researchers, shall establish a research, development,
and demonstration program--
`(1) to study environmentally sound methods and technologies to reduce
dispersal of aquatic invasive species through interbasin waterways; and
`(2) to assess the potential for using those methods and technologies
in other waterways.'.
(b) Expansion of Vessel Pathway Technology Demonstration Program- Section
1104(b) of the Nonindigenous Aquatic Nuisance Prevention and Control Act
of 1990 (16 U.S.C. 4714(b)) is amended--
(1) by redesignating paragraphs (4) and (5) as paragraphs (7) and (8),
respectively; and
(2) by inserting after paragraph (3) the following:
`(4) ADDITIONAL PURPOSES- The Secretary of the Interior and the Secretary
of Commerce may demonstrate and verify technologies under this subsection
to monitor and control pathways of organism transport on vessels other
than through ballast water.
`(5) PRIORITY- In making grants under this subsection, the Secretary of
the Interior and the Secretary of Commerce shall give priority to technologies
that meet criteria established in any testing protocol developed under
the Environmental Technology Verification program of the Administrator.
`(6) WORKSHOP- The Secretary of the Interior and the Secretary of Commerce
shall--
`(A) hold an annual workshop to encourage the exchange of information
between and among--
`(i) principal investigators for which funds are made available under
this subsection; and
`(ii) researchers conducting research directly relating to vessel
pathway technology development; and
`(B) make the results of the proceedings widely available to the public.'.
SEC. 143. VESSEL PATHWAY STANDARDS RESEARCH.
Subtitle B of the Nonindigenous Aquatic Nuisance Prevention and Control
Act of 1990 (16 U.S.C. 4711 et seq.) (as amended by section 142(a)) is amended
by adding at the end the following:
`SEC. 1111. VESSEL PATHWAY STANDARDS RESEARCH.
`(1) IN GENERAL- The Secretary and the Administrator (in coordination
with the National Oceanic and Atmospheric Administration, the Task Force,
and other appropriate Federal agencies and academic researchers) shall
develop and conduct a coordinated research program to support the establishment
and implementation of standards to prevent the introduction and spread
of aquatic invasive species by vessels.
`(2) COMPONENTS- The research program shall include programs to--
`(A) characterize physical, chemical, and biological harbor conditions
relevant to ballast discharge into waters of the United States to provide
information for the design and implementation of vessel vector control
technologies and practices;
`(B) develop testing protocols for determining the effectiveness of
vector monitoring and control technologies and practices;
`(C) research and demonstrate methods for mitigating the spread of aquatic
invasive species by coastal voyages, including the exploration of the
effectiveness of alternative exchange zones in the near coastal areas
and other methods proposed to reduce the transfers of organisms;
`(D) verify the practical effectiveness of any type approval process
to ensure that the process produces repeatable and accurate assessments
of treatment effectiveness; and
`(E) evaluate the effectiveness and residual risk and environmental
impacts associated with any standard established with respect to a ship
pathway through experimental research.
`(b) Performance Test- Not later than 1 year after the date of enactment
of the National Aquatic Invasive Species Act of 2007, the Secretary, in
conjunction with the National Institute of Standards and Technology and
the Maritime Administration, shall design a performance test for ballast
water exchange (such as a dye study) to measure the effectiveness of ballast
water exchange.
`(c) National Academy of Sciences Study-
`(1) IN GENERAL- The Secretary shall enter into an agreement with the
National Academy of Sciences under which the Academy shall--
`(A) identify the relative risk of transfer of various taxonomic groups
of invasive species by different vessel modes;
`(B)(i) assess the extent to which a ballast water standard that virtually
eliminates the risk of introduction of invasive species by ballast water
may relate to the risk of introductions by all vessel modes; and
`(ii) explain the degree of uncertainty in such an assessment; and
`(C)(i) recommend methods for reducing the transfers of invasive species
by vessels by addressing all parts and systems of vessels and all related
modes of transport of invasive organisms; and
`(ii) identify the research, development, and demonstration needed to
improve the information base to support those methods, including economic
information.
`(2) REPORT- Not later than 2 years after the date of enactment of the
National Aquatic Invasive Species Act of 2007, the Secretary shall submit
to Congress a report that describes the results of the study under paragraph
(1).
`(3) IMPLEMENTATION OF RECOMMENDATIONS- Not later than the later of the
date that is 1 year after the date of submission of the report under paragraph
(2) or the date that is 3 years after the date of enactment of the National
Aquatic Invasive Species Act of 2007, the Task Force, in conjunction with
the Administrator, administering agencies, and other appropriate Federal
agencies, shall submit to the Secretary a report that describes recommendations
for--
`(A) a vessel pathway treatment standard that incorporates all potential
modes of transfer by vessel; and
`(B) methods for type approval and accurate monitoring of treatment
performance that are simple and streamlined and follow established protocols.
`(1) IN GENERAL- Not later than 2 years after the date of issuance by
the Secretary of any standard relating to the introduction by vessels
of invasive species, the Secretary shall convene a working group (including
the Administrator, the administering agencies, and other appropriate Federal
and State agencies and academic researchers) to evaluate the effectiveness
of that standard and accompanying implementation protocols.
`(2) DUTIES- The duties of the working group shall include, at a minimum--
`(A) reviewing the effectiveness of the standard in reducing the establishment
of invasive species in aquatic ecosystems, taking into consideration
the data collected under section 1107; and
`(B) submitting recommendations to the Secretary (who shall make the
recommendations widely available to the public) for the revision of
the standard and type approval process in order to ensure--
`(i) effectiveness in reducing introductions of invasive species;
and
`(ii) the effectiveness of accurate shipboard monitoring of treatment
performance in a simple and streamlined manner.'.
SEC. 144. GRADUATE EDUCATION IN SYSTEMATICS AND TAXONOMY.
Subtitle B of the Nonindigenous Aquatic Nuisance Prevention and Control
Act of 1990 (16 U.S.C. 4711 et seq.) (as amended by section 143) is amended
by adding at the end the following:
`SEC. 1112. RESEARCH IN SYSTEMATICS AND TAXONOMY.
`(a) In General- The National Science Foundation shall establish a program
to award grants to researchers at institutions of higher education and museums
to carry out research in systematics and taxonomy.
`(b) Purposes- The purposes of the program are--
`(1) to encourage scientists to pursue careers in systematics and taxonomy
to ensure a continuing knowledge base in those disciplines;
`(2) to ensure that there will be adequate expertise in systematics and
taxonomy to meet Federal, State, and local needs to identify invasive
species;
`(3) to develop that expertise throughout the United States with an emphasis
on regional diversity; and
`(4) to draw on existing expertise in systematics and taxonomy at institutions
of higher education and museums to train the next generation of systematists
and taxonomists.
`(1) MERIT REVIEW- Grants awarded through this section shall be awarded
through a competitive, peer-reviewed process and shall be merit-based.
`(2) PREFERENCES- In making grants under this section, the National Science
Foundation shall provide a preference for--
`(A) projects in a diverse set of ecosystems and geographic locations;
`(B) if applicable, projects that are integrated with the Long Term
Ecological Research Network created by the National Science Foundation;
`(C) projects that include student participation; and
`(D) projects carried out by institutions of higher education and museums
that actively train students to become experts in systematics and taxonomy.'.
PART VI--COORDINATION
SEC. 151. PROGRAM COORDINATION.
(a) Membership of Task Force- Section 1201(b) of the Nonindigenous Aquatic
Nuisance Prevention and Control Act of 1990 (16 U.S.C. 4721) is amended--
(1) in paragraph (6), by striking `and' at the end;
(2) by redesignating paragraph (7) as paragraph (12); and
(3) by inserting after paragraph (6) the following:
`(7) the Director of the United States Geological Survey;
`(8) the Director of the Smithsonian Environmental Research Center;
`(9) the Secretary of State;
`(10) the Secretary of Transportation;
`(11) the Secretary of Homeland Security; and'.
(b) Coordination With National Invasive Species Council- Section 1201(f)
of the Nonindigenous Aquatic Nuisance Prevention and Control Act of 1990
(16 U.S.C. 4721(f)) is amended--
(1) by striking `Each Task Force member' and inserting the following:
`(1) IN GENERAL- Each member of the Task Force'; and
(2) by adding at the end the following:
`(2) NATIONAL INVASIVE SPECIES COUNCIL- The National Invasive Species
Council shall--
`(A) coordinate and cooperate with the Task Force in carrying out the
duties of the National Invasive Species Council relating to aquatic
invasive species;
`(B) not later than 2 years after the date of enactment of the National
Aquatic Invasive Species Act of 2007, and every 3 years thereafter,
submit to Congress a report that summarizes the status of the conduct
of activities authorized by and required under this Act; and
`(C) establish any regional panels or task forces in coordination with
the regional panels of the Task Force convened under section 1203.'.
(c) Coordination With Other Programs- Section 1202(c) of the Nonindigenous
Aquatic Nuisance Prevention and Control Act of 1990 (16 U.S.C. 4722(c))
is amended by adding at the end the following:
`(3) RECOMMENDATIONS FOR LISTS-
`(A) IN GENERAL- The Task Force shall annually recommend to Federal
agencies of jurisdiction such additions of aquatic invasive species
as the Task Force determines to be appropriate for inclusion on--
`(i) any list of species of wildlife covered by section 42 of title
18, United States Code (including regulations); or
`(ii) any list of noxious weeds under the Plant Protection Act (7
U.S.C. 7701 et seq.) (including regulations promulgated under that
Act contained in part 360 of title 7, Code of Federal Regulations
(or any successor regulations)).
`(B) PROCESS- The Task Force may use the screening process developed
pursuant to section 1105 to identify species pursuant to subparagraph
(A).'.
(d) Regional Coordination- Section 1203 of the Nonindigenous Aquatic Nuisance
Prevention and Control Act of 1990 (16 U.S.C. 4723) is amended by adding
at the end the following:
`(d) Annual Inter-Regional Meeting- The Task Force shall annually convene
all regional panels established pursuant to this Act for the purpose of
information transfer between and among panels, and between the panels and
the Task Force, regarding aquatic invasive species management.
`(1) IN GENERAL- An interstate organization that has a Federal charter
authorized by law or executive order for purposes of fisheries or natural
resource management may develop and implement--
`(A) regional aquatic invasive species management plans; and
`(B) rapid response activities that are--
`(i) requested by the Governors of the member States of the organization;
and
`(ii) consistent with any relevant State aquatic invasive species
management plans.
`(2) FUNDS- The interstate organization may receive funds under this Act
to implement activities under the regional aquatic invasive species management
plan of the organization.'.
(e) State Aquatic Invasive Species Management Plans- Section 1204(a) of
the Nonindigenous Aquatic Nuisance Prevention and Control Act of 1990 (16
U.S.C. 4724(a)) is amended--
(A) in subparagraph (A), by inserting before the semicolon at the end
the following: `, including, in accordance with guidelines issued by
the Task Force under paragraph (5)--
`(i) rapid assessment and response contingency strategies under section
1211;
`(ii) early detection strategies under section 1211(b)(4);
`(iii) aquatic plant control programs conducted pursuant to other
laws; and
`(iv) screening of planned introductions pursuant to section 1105';
and
(B) in subparagraph (D), by inserting `include' after `(D)'; and
(2) by adding at the end the following:
`(A) IN GENERAL- Not later than 1 year after the date of enactment of
the National Aquatic Invasive Species Act of 2007, the Task Force shall
amend the guidelines of the Task Force for the development of plans
under this subsection, including guidelines for reporting progress in
implementing the plans, to encourage consistency in implementation of
and reporting under those plans.
`(B) GUIDELINES- The guidelines published under subparagraph (A) shall
include, for the purpose of paragraph (2)(A), guidelines concerning--
`(i) rapid response contingency strategies under section 1211;
`(ii) early detection strategies under section 1211(b)(4);
`(iii) aquatic plant control programs conducted pursuant to other
laws;
`(iv) screening of planned introductions pursuant to section 1105;
and
`(v) the review and revision of requirements of this subsection and
the reapproval process under this subsection.
`(6) RELATIONSHIP TO OTHER PLANS-
`(A) IN GENERAL- A plan approved under paragraph (4) shall be deemed
to meet any State planning requirement of the program established under
section 104 of the River and Harbor Act of 1958 (33 U.S.C. 610) for
a plan to control noxious aquatic plant growths.
`(B) ENFORCEMENT- Funds provided to States for implementation of plans
pursuant to section 1204 may be used by States to enforce requirements
relating to aquatic invasive species under the Plant Protection Act
(7 U.S.C. 7701 et seq.) (including regulations promulgated under that
Act contained in part 360 of title 7, Code of Federal Regulations (or
any successor regulations)).
`(7) ELIGIBILITY OF EXISTING PLANS- A plan approved under this section
as of the day immediately before the date of enactment of the National
Aquatic Invasive Species Act of 2007 shall be eligible to receive a grant
awarded under this section.
`(8) REVIEW AND REVISION-
`(A) IN GENERAL- Each State shall periodically review and, as necessary,
revise the management plan of the State in accordance with guidelines
of the Task Force.
`(B) UPDATE OF EXISTING PLANS- A plan approved under this section as
of the day immediately before the date of enactment of the National
Aquatic Invasive Species Act of 2007 shall be updated after the date
of enactment of the National Aquatic Invasive Species Act of 2007 to
conform to the guidelines published under paragraph (5).
`(9) OTHER STATE MANAGEMENT PLANS- In addition to the management plans
required under this subsection, the Director shall encourage each State
to develop and implement new, and expand existing, State management plans
to improve State actions to prevent and control aquatic invasive species.'.
(f) Grant Program- Section 1204(b)(1) of the Nonindigenous Aquatic Nuisance
Prevention and Control Act of 1990 (16 U.S.C. 4724(b)(1)) is amended by
striking `subsection (a) for the implementation of those plans.' and inserting
the following: `subsection (a)--
`(A) to develop those plans with a total amount that does not exceed
10 percent of the amounts made available for grants under this section
for each fiscal year; and
`(B) to implement those plans.'.
SEC. 152. INTERNATIONAL COORDINATION.
(a) In General- Subtitle E of the Nonindigenous Aquatic Nuisance Prevention
and Control Act of 1990 (16 U.S.C. 4751 et seq.) is amended--
(1) by striking the subtitle heading and inserting the following:
`Subtitle E--Administration';
(2) by adding at the end the following:
`SEC. 1402. INTERNATIONAL COORDINATION.
`(a) In General- The Task Force, the National Invasive Species Council,
and the Secretary of State shall, to the maximum extent practicable, ensure
that international efforts to prevent, detect, monitor, assess, and control
aquatic invasive species (including through the International Maritime Organization,
the International Convention on the Exploration of the Sea, the Global Invasive
Species Program, and other appropriate programs) are coordinated with policies
of the United States established by this Act.
`(b) Coordination With Neighboring Countries-
`(1) IN GENERAL- The Task Force, in consultation with the Secretary of
State, shall include in the report required by section 1202(m) a description
of the means by which international agreements and regulations with countries
that share a border with the United States will be implemented and enforced
by Federal agencies (including a clarification of the roles and responsibilities
of those agencies).
`(2) NEGOTIATIONS- As soon as practicable after the date of enactment
of the National Aquatic Invasive Species Act of 2007, the Secretary of
State may enter into negotiations with--
`(A) Canada to issue a request that the International Joint Commission,
not later than 18 months after the date of enactment of that Act, review,
research, conduct hearings on, and submit to the parties represented
on the International Joint Commission a report that describes the success
of current policies of governments in the United States and Canada having
jurisdiction over the Great Lakes in anticipating and preventing biological
invasions of the aquatic ecosystem in the Great Lakes, including--
`(i) an analysis of current Federal, State or Provincial, local, and
international laws, enforcement practices, and agreements;
`(ii) an analysis of prevention efforts relating to all likely pathways
for biological invasions of the aquatic ecosystem in the Great Lakes;
and
`(iii) recommendations of the International Joint Commission for means
by which to improve and harmonize the policies and enforcement practices
referred to in clause (i); and
`(B) Mexico, to ensure coordination of efforts of the United States
with efforts of Mexico to manage invasive species established in the
United States-Mexico border region.
`SEC. 1403. TREATMENT OF NATIONAL INVASIVE SPECIES COUNCIL.
`The National Invasive Species Council shall continue regardless of the
termination of section 3 of Executive Order No. 13112 (42 U.S.C. 4321 note;
relating to invasive species).'.
PART VII--AUTHORIZATION OF APPROPRIATIONS
SEC. 155. AUTHORIZATION OF APPROPRIATIONS.
Section 1301 of the Nonindigenous Aquatic Nuisance Prevention and Control
Act of 1990 (16 U.S.C. 4741) is amended to read as follows:
`SEC. 1301. AUTHORIZATION OF APPROPRIATIONS.
`(a) In General- Except as otherwise provided in this section, there are
authorized to be appropriated such sums as are necessary to carry out this
Act for each of fiscal years 2008 through 2012.
`(b) Task Force and Aquatic Invasive Species Program- There are authorized
to be appropriated for each of fiscal years 2008 through 2012--
`(1) $8,000,000, to carry out activities of the Task Force under section
1202, of which--
`(A) $4,000,000 shall be used by the Director;
`(B) $3,000,000 shall be used by the National Oceanic and Atmospheric
Administration; and
`(C) $1,000,000 shall be used by the National Invasive Species Council;
`(2) $30,000,000, to provide grants under section 1204(b);
`(3) $3,000,000, to provide assistance to the regional panels of the Task
Force; and
`(4) $1,000,000, to be used by the Director to carry out section 1105(g).
`(c) International Coordination- There is authorized to be appropriated
to the Department of State to carry out section 1403 $1,000,000 for each
of fiscal years 2008 through 2012.
`(d) Prevention of Introduction by Vessels of Aquatic Invasive Species Into
Waters of the United States- There are authorized to be appropriated for
each of fiscal years 2008 through 2012--
`(1) $6,000,000, to be used by the Secretary to carry out section 1101;
`(2) $2,500,000, to be used by the Administrator to carry out section
1101; and
`(3) $2,750,000, to be used by the Task Force to carry out section 1101,
of which--
`(A) $1,500,000 shall be used by the Director; and
`(B) $1,250,000 shall be used by the National Oceanic and Atmospheric
Administration.
`(e) Prevention of the Introduction by Nonvessel Pathways of Aquatic Invasive
Species Into Waters of the United States- There are authorized to be appropriated
for each of fiscal years 2008 through 2012--
`(1) $5,000,000, to carry out the priority pathway management program
under section 1210, of which--
`(A) $2,000,000 shall be used by the National Oceanic and Atmospheric
Administration; and
`(B) $3,000,000 shall be used by the Director;
`(2) $1,000,000, to be used by the National Invasive Species Council to
establish screening guidelines under section 1105(d); and
`(3) $3,500,000, to be used by the Director to promulgate and implement
screening requirements under section 1105(e).
`(f) Early Detection and Monitoring- There is authorized to be appropriated,
to carry out early detection, monitoring, and survey planning and implementation
under section 1106, $2,000,000 for each of fiscal years 2008 and 2009 and
$10,000,000 for each of fiscal years 2010 through 2012, of which--
`(1) for each of fiscal years 2008 and 2009--
`(A) $1,000,000 shall be used by the National Oceanic and Atmospheric
Administration; and
`(B) $1,000,000 shall be used by the Director; and
`(2) for each of fiscal years 2010 through 2012--
`(A) $5,000,000 shall be used by the National Oceanic and Atmospheric
Administration; and
`(B) $5,000,000 shall be used by the Director.
`(g) Containment and Control-
`(1) DISPERSAL BARRIERS- There are authorized to be appropriated for each
of fiscal years 2008 through 2012--
`(A) such sums as are necessary to carry out section 1202(j)(1); and
`(B) $2,150,000, to be used by the Director to carry out the monitoring
program under section 1202(j)(2).
`(2) RAPID RESPONSE- There are authorized to be appropriated for each
of fiscal years 2008 through 2012--
`(A) $25,000,000, to the Emergency Rapid Response Fund established under
section 1211(a), to remain available until expended;
`(B) $1,000,000, to be used by the National Invasive Species Council
in developing the State and regional rapid response contingency strategy
under section 1211; and
`(C) $1,500,000, to be used for Federal rapid response teams under section
1211(f), of which--
`(i) $500,000 shall be used by the National Oceanic and Atmospheric
Administration; and
`(ii) $1,000,000 shall be used by the Director.
`(3) ENVIRONMENTAL SOUNDNESS- There is authorized to be appropriated for
establishment under section 1202(k) of criteria for the improvement of
treatment methods for aquatic invasive species $600,000 for each of fiscal
years 2008 through 2012.
`(h) Information, Education and Outreach- There are authorized to be appropriated
for each of fiscal years 2008 through 2012--
`(1) $500,000, to be used by the Secretary of the Interior to carry out
the information and education program under section 1202(h)(2)(D);
`(2) $750,000, to be used by the Director in carrying out the 100th meridian
program under section 1202(h)(2)(C);
`(3) $2,000,000, to be used to carry out informational and educational
activities of the Task Force under section 1202(h), of which--
`(A) $1,000,000 shall be used by the National Oceanic and Atmospheric
Administration; and
`(B) $1,000,000 shall be used by the Director; and
`(4) $500,000, to be used by the National Oceanic and Atmospheric Administration
to carry out section 1202(h)(2)(B)(ii).
`(1) ECOLOGICAL AND PATHWAY RESEARCH AND ANALYSIS- There are authorized
to be appropriated for each of fiscal years 2008 through 2012--
`(A) $17,000,000, to be used by the National Oceanic and Atmospheric
Administration to carry out sections 1107 and 1108, of which $13,000,000
shall be used to carry out the grant program under section 1107(g));
`(B) $4,000,000, to be used by the Smithsonian Environmental Research
Center to carry out sections 1107 and 1108;
`(C) $4,500,000, to be used by the United States Geological Survey to
carry out sections 1107 and 1108, of which $500,000 shall be used to
develop, maintain, and update the database required under section 1107(j));
and
`(D) $1,650,000, to be used by the Great Lakes Environmental Research
Laboratory to carry out the demonstration program under section 1202(i).
`(2) DISSEMINATION- There is authorized to be appropriated to provide
for the dissemination of information by the National Invasive Species
Council under section 1109 $500,000 for each of fiscal years 2008 through
2012.
`(3) TECHNOLOGY DEVELOPMENT, DEMONSTRATION, AND VERIFICATION- There are
authorized to be appropriated for each of fiscal years 2008 through 2012--
`(A) $2,500,000, to be used by the Administrator for the purposes of
environmental soundness screening and improvement under section 1110(a);
`(B) $1,000,000, to be used by the Assistant Secretary to carry out
the program under section 1110(b); and
`(C) $7,500,000, to carry out vessel pathway technology development
under sections 1104 and 1301(e).
`(4) VESSEL PATHWAY STANDARDS RESEARCH- There are authorized to be appropriated--
`(A) for each of fiscal years 2008 through 2012, $3,000,000, to be used
for research in support of vessels pathway standards and technology
evaluation under section 1111(a) of which--
`(i) $1,500,000 shall be used by the Administrator; and
`(ii) $2,000,000 shall be used by the Secretary of the Coast Guard;
`(B) for each of fiscal years 2008 through 2010, $500,000, to be used
by the Coast Guard to carry out the performance test required under
section 1111(b); and
`(C) for fiscal year 2008, $500,000, to be used by the Secretary of
the Coast Guard to enter into an agreement with the National Academy
of Sciences to carry out the study required under section 1111(c).
`(5) RESEARCH IN SYSTEMATICS AND TAXONOMY- There is authorized to be appropriated
for the National Science Foundation to provide research grants for systematics
and taxonomy under section 1112 $2,500,000 for each of fiscal years 2008
through 2012.'.
PART VIII--CONFORMING AMENDMENTS
SEC. 161. CONFORMING AMENDMENTS.
(a) In General- The Nonindigenous Aquatic Nuisance Prevention and Control
Act of 1990 is amended--
(1) in section 1102 (16 U.S.C. 4712)--
(A) in subsection (a), by striking the subsection heading and inserting
the following:
`(a) Studies on Introduction of Aquatic Invasive Species by Vessels- ';
and
(i) by striking paragraph (1); and
(ii) by redesignating paragraphs (2) and (3) as paragraphs (1) and
(2), respectively;
(2) in subtitle C (16 U.S.C. 4721 et seq.), by striking the subtitle heading
and inserting the following:
`Subtitle C--Prevention and Control of Aquatic Invasive Species Dispersal';
(3) in section 1201(a) (16 U.S.C. 4721(a)), by striking `Nuisance Species'
and inserting `Invasive Species';
(4) in section 1202 (16 U.S.C. 4722), by striking the section heading
and inserting the following:
`SEC. 1202. AQUATIC INVASIVE SPECIES PROGRAM.';
(5) in section 1204 (16 U.S.C. 4724), by striking the section heading
and inserting the following:
`SEC. 1204. STATE AQUATIC INVASIVE SPECIES MANAGEMENT PLANS.';
(6) by striking `aquatic nuisance species' each place it appears and inserting
`aquatic invasive species'.
(1) Section 1001 of the Nonindigenous Aquatic Nuisance Prevention and
Control Act of 1990 (16 U.S.C. 4701) is amended by striking `Nonindigenous
Aquatic Nuisance' and inserting `Nonindigenous Aquatic Invasive Species'.
(2) REFERENCES- Any reference in a law, map, regulation, document, paper,
or other record of the United States to the Nonindigenous Aquatic Nuisance
Prevention and Control Act of 1990 shall be deemed to be a reference to
the Nonindigenous Aquatic Invasive Species Prevention and Control Act
of 1990.
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.
Section 42(a)(1) of title 18, United States Code, is amended by inserting
after `Dreissena polymorpha;' the following: `of the black carp of the species
Mylopharyngodon piceus; of the bighead carp of the species Hypophthalmichthys
nobilis; of the silver carp of the species Hypophthalmichthys molitrix;
of the largescale silver carp of the species Hypophthalmichthys harmandi;'.
SEC. 172. DISPERSAL BARRIERS.
Section 1202 of the Nonindigenous Aquatic Nuisance Prevention and Control
Act of 1990 (16 U.S.C. 4722) (as amended by section 133) is amended--
(1) in subsection (i)(3)(C), by striking `, to carry out this paragraph,
$750,000' and inserting `such sums as are necessary to carry out this
paragraph'; and
(2) by inserting after subsection (j) the following:
`(k) 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 345 of the District of Columbia
Appropriations Act, 2005 (Public Law 108-335; 118 Stat. 1352).
`(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 amount of funds contributed by
the State 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 Great Lakes Collaboration Implementation Act of 2007, 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--
`(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.
`(A) ESTABLISHMENT- Not later than 1 year after the date of enactment
of the Great Lakes Collaboration Implementation Act of 2007, 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 Great Lakes Collaboration Implementation Act of 2007.
`(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
Great Lakes Collaboration Implementation Act of 2007, 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.'.
Subtitle C--National Invasive Species Council
SEC. 181. DEFINITIONS.
(1) COUNCIL- The term `Council' means the National Invasive Species Council
established by section 183(a).
(2) INVASIVE SPECIES- The term `invasive species' means a species--
(A) that is nonnative to an ecosystem; and
(B) the introduction of which to that ecosystem causes or may cause
harm to the environment, the economy, or human health.
(3) NATIONAL MANAGEMENT PLAN- The term `National Management Plan' means
the National Invasive Species Management Plan developed by the Council
under section 185(a).
(4) SPECIES- The term `species' means a category of taxonomic classification
that--
(A) ranks below a genus or subgenus; and
(B) consists of related organisms capable of interbreeding.
SEC. 182. LIMITATION ON FEDERAL ACTIONS.
(a) In General- No Federal agency may authorize, fund, or carry out any
action that would likely cause or promote the introduction or spread of
an invasive species in the United States or any other location, unless the
head of the Federal agency, at the sole discretion of the head of the agency
and in accordance with guidelines developed under subsection (b), determines
that--
(1) the benefits of the action under consideration clearly outweigh the
potential harm to the environment, the economy, and human health caused
by the introduction or spread of the invasive species; and
(2) all feasible and practical measures to minimize risk of harm to the
environment, the economy, and human health will be taken in carrying out
the action.
(b) Guidelines- The Council on Environmental Quality, in conjunction with
the Council, shall develop guidelines for Federal agencies to use in analyzing
actions under subsection (a).
SEC. 183. NATIONAL INVASIVE SPECIES COUNCIL.
(1) IN GENERAL- There is established, as an independent entity in the
executive branch, the National Invasive Species Council.
(2) DUTIES- The Council shall provide leadership and coordination among
Federal agencies and between the Federal Government and State and local
governments, with respect to efforts--
(A) to minimize the environmental, economic, and human health effects
caused by invasive species; and
(B) to reduce the threat of further invasions of invasive species.
(1) IN GENERAL- The Council shall consist of--
(A) the Secretary of the Interior;
(B) the Secretary of Agriculture;
(C) the Secretary of Commerce;
(D) the Secretary of State;
(E) the Secretary of the Treasury;
(F) the Secretary of Defense;
(G) the Secretary of Transportation;
(H) the Secretary of Health and Human Services;
(J) the Administrator of the United States Agency for International
Development; and
(K) such additional members as are appointed under paragraph (2).
(2) ADDITIONAL MEMBERS- With the concurrence of a majority of the members
of the Council, the chairperson of the Council may appoint additional
members to the Council from among individuals who are officers or employees
of the Federal Government with significant responsibilities concerning
invasive species.
(1) INITIAL CHAIRPERSON- The Secretary of the Interior shall serve as
chairperson of the Council for the 3-year period beginning on the date
of enactment of this Act.
(2) SUBSEQUENT CHAIRPERSONS- After the initial 3-year period described
in paragraph (1), the chairperson shall rotate every 3 years among the
following members, in the following order:
(A) The Secretary of Agriculture.
(B) The Secretary of Commerce.
(C) The Secretary of the Interior.
(d) Meetings- The Council shall meet at the call of the chairperson, but
not less often than semiannually.
(1) APPOINTMENT- The President shall appoint the Executive Director of
the Council, by and with the advice and consent of the Senate.
(2) CONSULTATION- Before appointing an individual under paragraph (1),
the President shall consult with--
(A) the Secretary of the Interior;
(B) the Secretary of Agriculture; and
(C) the Secretary of Commerce.
(3) QUALIFICATIONS- An individual appointed as Executive Director of the
Council shall have--
(A) legal or scientific experience and training in the area of natural
resources, ecology, or agriculture; and
(B) experience in dealing with public policy matters concerning aquatic
and terrestrial invasive species.
(4) TERM- The Executive Director of the Council shall serve for a term
of 6 years.
(5) COMPENSATION- The Executive Director shall be paid at the maximum
rate of basic pay prescribed for level GS-15 of the General Schedule.
SEC. 184. DUTIES.
(a) In General- The Council shall ensure that the efforts of Federal agencies
concerning invasive species are coordinated, effective, complementary, and
cost-efficient.
(b) Duties- To carry out subsection (a), the Council shall--
(1) coordinate with other organizations addressing invasive species (such
as the Federal Interagency Committee for the Management of Noxious and
Exotic Weeds, the Aquatic Nuisance Species Task Force established under
section 1201 of the Nonindigenous Aquatic Nuisance Prevention and Control
Act of 1990 (16 U.S.C. 4721), regional panels established under that Act,
and the White House Office of Science and Technology Policy) to implement
the National Management Plan;
(2) develop recommendations for international cooperation between the
Federal Government, State governments, and foreign countries on tools,
policies, and methods to prevent the introduction and export of invasive
species into and from, respectively, the United States;
(3) develop guidelines for Federal agency efforts to ensure that Federal
programs concerning invasive species, including outreach programs, are
coordinated with State, local, and tribal governments;
(4) develop, in consultation with the Council on Environmental Quality
and in accordance with the National Environmental Policy Act of 1969 (42
U.S.C. 4321 et seq.), guidance for Federal agencies on prevention, control,
and eradication of invasive species;
(5) establish and maintain a publicly accessible, coordinated, up-to-date
information sharing system on invasive species that--
(A) allows the access to and exchange of information among Federal agencies
and the public; and
(B) uses the Internet to the maximum extent practicable;
(6) ensure that Federal agencies implement the plans, programs, and policies
adopted by the Council in the National Management Plan through appropriate
actions, including working in cooperation with Federal agencies on development
of budgets for the annual submission by the President to Congress of the
budget of the Federal Government under section 1105 of title 31, United
States Code;
(7)(A) evaluate Federal programs that are likely to cause or promote the
introduction or spread of invasive species in the United States; and
(B) recommend actions Federal agencies can take to minimize the risk of
introductions or further spread of invasive species; and
(8) develop and submit to the appropriate committees of Congress and the
Director of the Office of Management and Budget an annual list of priorities,
ranked in high, medium, and low categories, of Federal efforts and programs
in prevention, eradication, control, and monitoring of, and research and
outreach concerning, invasive species.
SEC. 185. NATIONAL INVASIVE SPECIES MANAGEMENT PLAN.
(1) IN GENERAL- The Council shall develop a National Invasive Species
Management Plan that details and recommends performance-oriented goals
and specific measures of success for carrying out activities by Federal
agencies relating to invasive species.
(2) DEVELOPMENT PROCESS- The National Management Plan shall be developed
through a public process and in consultation with Federal agencies, appropriate
State and local entities, and other appropriate stakeholders.
(3) CONTENTS- The National Management Plan shall include recommendations
of effective, cost-efficient, environmentally sound, and science-based
approaches for--
(A) preventing the introduction of invasive species, including approaches
for identifying pathways by which invasive species are introduced and
for minimizing the risk of introductions via those pathways, which recommended
approaches shall provide for--
(i) a process to evaluate risks associated with the introduction and
spread of invasive species; and
(ii) a coordinated and systematic risk-based process to identify,
monitor, and interdict pathways that may be involved in the introduction
of invasive species;
(B) cooperating with other countries to increase their capacity--
(i) to control invasive species; and
(ii) to prevent the spread of invasive species across international
borders;
(C) rapidly detecting and responding to incipient invasions of invasive
species;
(D) managing new and established populations of invasive species by--
(i) eradicating the invasive species; or
(ii) controlling the spread of the invasive species;
(E) accurately and reliably monitoring new and established populations
of invasive species;
(F) restoring native species and habitat conditions in ecosystems that
have been invaded by invasive species;
(G) conducting research on the matters referred to in subparagraphs
(A) through (F);
(H) evaluating and documenting the effects of invasive species on the
environment, the economy, and human health;
(I) developing technologies to prevent the introduction and provide
for the management of invasive species; and
(J) promoting public education on invasive species and the means to
address invasive species.
(4) IDENTIFICATION OF NEEDED RESOURCES- The National Management Plan shall
identify the personnel, other resources, and additional levels of coordination
needed to achieve the goals included in the National Management Plan.
(b) Existing Plan- The National Invasive Species Management Plan of the
Invasive Species Council adopted in 2001 shall be treated as the National
Management Plan required under subsection (a) until the date of issuance
of the National Management Plan under subsection (c)(1).
(c) Issuance and Updating of National Management Plan- The Council shall--
(1) not later than December 31, 2007, issue the National Management Plan;
(2) not later than December 31, 2009, and biennially thereafter, update
the National Management Plan; and
(3) concurrently with the process of updating the National Management
Plan, evaluate and report to Congress on success in achieving the goals
included in the National Management Plan.
(d) Agency Reports- Not later than 18 months after the date of issuance
of any update of the National Management Plan that recommends action by
a Federal agency, the head of the Federal agency shall submit to Congress
a report that--
(1) describes each of the recommended actions that the agency has not
taken; and
(2) provides an explanation of why the action is not feasible.
SEC. 186. INVASIVE SPECIES ADVISORY COMMITTEE.
(1) IN GENERAL- The Council shall maintain an advisory committee, to be
known as the `Invasive Species Advisory Committee', to provide information
and advice for consideration by the Council.
(2) ORGANIZATION, FUNCTIONS, AND AUTHORITIES- Except as otherwise provided
in this section, the advisory committee shall be organized, perform the
functions, and have the authorities specified in the charter for the advisory
committee signed by the Secretary of the Interior on October 30, 2001.
(b) Appointment- Members of the advisory committee shall be appointed by
the chairperson of the Council, after consultation with the other members
of the Council, from among individuals representing stakeholders with respect
to Federal programs for minimizing the environmental, economic, and human
health impacts caused by invasive species.
(c) Functions- In addition to the functions specified in the charter referred
to in subsection (a), the advisory committee shall recommend to the Council
plans and actions at the regional, State, local, tribal, and ecosystem-based
levels to achieve the goals of the National Management Plan.
(d) Continuing Operation of Existing Committee- Any advisory committee appointed
before the date of enactment of this Act in accordance with the charter
referred to in subsection (a)(2) may continue in effect under this section.
SEC. 187. BUDGET ANALYSIS AND SUMMARY.
Not later than March 31, 2008, and March 31 of each year thereafter, the
Director of the Office of Management and Budget shall prepare, and submit
to Congress and the Council, a budget analysis and summary of all Federal
programs relating to invasive species.
SEC. 188. EXISTING EXECUTIVE ORDER.
Executive Order No. 13112, dated February 3, 1999 (42 U.S.C. 4321 note;
relating to invasive species), shall be of no effect.
SEC. 189. AUTHORIZATION OF APPROPRIATIONS.
There is authorized to be appropriated to carry out this subtitle $2,000,000
for each of fiscal years 2008 through 2010.
TITLE II--COASTAL HEALTH
SEC. 201. TECHNICAL ASSISTANCE.
(a) Technical Assistance for Rural and Small Treatment Works- Section 104(b)
of the Federal Water Pollution Control Act (33 U.S.C. 1254(b)) is amended--
(1) by redesignating paragraphs (1) through (7) as subparagraphs (A) through
(G), respectively, and indenting the subparagraphs appropriately;
(2) by striking `(b) In carrying out' and inserting the following:
`(b) Authorized Activities-
`(1) IN GENERAL- In carrying out';
(3) in paragraph (1) (as designated by paragraph (2))--
(A) by striking `paragraph (1) of subsection (a)' each place it appears
and inserting `subsection (a)(1)';
(B) in subparagraph (C) (as redesignated by paragraph (1)), by striking
`of this section';
(C) in subparagraph (F) (as redesignated by paragraph (1)), by striking
`thereof; and' and inserting `of the effects;';
(D) in subparagraph (G) (as redesignated by paragraph (1)), by striking
the period at the end and inserting `; and'; and
(E) by adding at the end the following:
`(H) make grants to nonprofit organizations--
`(i) to provide technical assistance to rural and small municipalities
for the purpose of assisting, in consultation with the State in which
the assistance is provided, the municipalities in the planning, development,
and acquisition of financing for wastewater infrastructure assistance;
`(ii) to capitalize revolving loan funds for the purpose of providing
loans, in consultation with the State in which the assistance is provided
and in accordance with paragraph (2), to rural and small municipalities
for--
`(I) predevelopment costs associated with wastewater infrastructure
projects; and
`(II) short-term costs incurred for the replacement of equipment
that is not part of a regular operation or maintenance activity
for an existing wastewater system;
`(iii) to provide technical assistance and training for rural and
small publicly-owned treatment works and decentralized wastewater
treatment systems to enable the treatment works and systems to--
`(I) protect water quality; and
`(II) achieve and maintain compliance with the requirements of this
Act; and
`(iv) to disseminate information to rural and small municipalities
and municipalities that meet the affordability criteria established
by the State in which the municipality is located under section 603(i)(2)
with respect to planning, design, construction, and operation of publicly-owned
treatment works and decentralized wastewater treatment systems.';
and
(4) by adding at the end the following:
`(A) IN GENERAL- A loan provided under paragraph (1)(H)(ii) shall--
`(i) be provided at a below-market interest rate;
`(ii) be provided in an amount not to exceed $100,000; and
`(iii) extend for a term of not more than 10 years.
`(B) REPAYMENT- Repayment of a loan provided under paragraph (1)(H)(ii)
shall be credited to the water pollution control revolving loan fund
of the appropriate State under section 603.'.
(b) Authorization of Appropriations- Section 104(u) of the Federal Water
Pollution Control Act (33 U.S.C. 1254(u)) is amended--
(1) by striking `(u) There is authorized to be appropriated (1) not' and
inserting the following:
`(u) Authorization of Appropriations- There are authorized to be appropriated--
(2) in paragraph (1), by striking `provisions; (2) not' and inserting
the following: `provisions;
(3) in paragraph (2), by striking `subsection (g)(1); (3) not' and inserting
the following: `subsection (g)(1);
(4) in paragraph (3), by striking `subsection (g)(2); (4) not' and inserting
the following: `subsection (g)(2);
(5) in paragraph (4), by striking `subsection (p); (5) not' and inserting
the following: `subsection (p);
(6) in paragraph (5), by striking `subsection (r); and (6) not' and inserting
the following: `subsection (r);
(7) in paragraph (6), by striking the period at the end and inserting
`; and'; and
(8) by adding at the end the following:
`(7) for each of fiscal years 2008 through 2012, not more than $75,000,000
to carry out subparagraphs (C) and (H) of subsection (b)(1), of which,
during any fiscal year--
`(A) not less than 20 percent shall be used to carry out subsection
(b)(1)(H); and
`(B) not more than 1/3 of the amount used under subparagraph (A) shall
be used to carry out subsection (b)(1)(H)(ii).'.
(c) Competitive Procedures for Awarding Grants- Section 104 of the Federal
Water Pollution Control Act (33 U.S.C. 1254) is amended by adding at the
end the following:
`(w) Competitive Procedures for Awarding Grants- The Administrator shall
establish procedures that promote competition and openness, to the maximum
extent practicable, in the award of grants to nonprofit private agencies,
institutions, and organizations under this section.'.
SEC. 202. SEWER OVERFLOW CONTROL GRANTS.
Section 221 of the Federal Water Pollution Control Act (33 U.S.C. 1301)
is amended by striking subsection (c) and inserting the following:
`(c) Definition of Financially Distressed Community- A financially distressed
community referred to in subsection (b) is a community that meets the affordability
criteria established by the State in which the community is located under
section 603(i)(2).'.
SEC. 203. WATER POLLUTION CONTROL REVOLVING LOAN FUNDS.
(a) Extended Payment Period- Section 603(d)(1) of the Federal Water Pollution
Control Act (33 U.S.C. 1383(d)(1)) is amended--
(1) in subparagraph (A), by striking `20 years;' and inserting the following:
`the lesser of--
`(i) the design life of the project to be financed using the proceeds
of the loan; or
(2) in subparagraph (B), by striking `not later than 20 years after project
completion' and inserting `on the expiration of the term of the loan'.
(b) Technical and Planning Assistance for Small Systems- Section 603(d)
of the Federal Water Pollution Control Act (33 U.S.C. 1383(d)) is amended--
(1) in paragraph (6), by striking `and' at the end;
(2) in paragraph (7), by striking the period at the end and inserting
`; and'; and
(3) by adding at the end the following:
`(8) with respect to municipalities and intermunicipal, interstate, and
State agencies seeking assistance under this title that serve a population
of 20,000 or fewer, to provide to owners and operators of small treatment
works, in an amount not to exceed 2 percent of the amount of total grant
awards made under this title--
`(A) technical and planning assistance; and
`(B) assistance relating to--
`(i) financial management;
`(iv) capital improvement planning;
`(v) facility operation and maintenance;
`(vi) repair schedules; and
`(vii) other activities to improve wastewater treatment plant management
and operations.'.
(c) Additional Subsidization- Section 603 of the Federal Water Pollution
Control Act (33 U.S.C. 1383) is amended by adding at the end the following:
`(i) Additional Subsidization-
`(1) IN GENERAL- In any case in which a State provides assistance to a
municipality or an intermunicipal, interstate, or State agency under subsection
(d), the State may provide additional subsidization, including forgiveness
of principal and negative interest loans--
`(A) to benefit a municipality that--
`(i) meets the affordability criteria of the State established under
paragraph (2); or
`(ii) does not meet the criteria established under paragraph (2),
if the municipality--
`(I) seeks additional subsidization to benefit individual ratepayers
in the residential user rate class;
`(II) demonstrates to the State that the ratepayers described in
subclause (I) will experience a significant hardship on the increase
in rates required to finance the project or activity for which the
assistance is sought; and
`(III) ensures, as part of an agreement between the State and the
recipient, that the additional subsidization provided under this
paragraph will be directed to those ratepayers through a user charge
rate system (or another appropriate method); and
`(B) to implement alternative processes, materials, and techniques (including
nonstructural protection of surface waters, new or improved methods
of waste treatment, and pollutant trading) that may result in cost savings
or increased environmental benefit when compared to standard processes,
materials, and techniques.
`(2) AFFORDABILITY CRITERIA-
`(i) IN GENERAL- Not later than September 30, 2007, after providing
notice and an opportunity for public comment, a State shall establish
affordability criteria to assist the State in identifying municipalities
that would experience a significant hardship on the increase in rates
required to finance a project or activity that is eligible for assistance
under subsection (c)(1) if additional subsidization under paragraph
(1) is not provided.
`(ii) FACTORS FOR CONSIDERATION- In establishing criteria under clause
(i), a State shall take into consideration--
`(II) population trends; and
`(III) any other data the State determines to be relevant.
`(B) EXISTING CRITERIA- If a State has established, after providing
notice and an opportunity for public comment, criteria in accordance
with subparagraph (A) before the date of enactment of this subsection,
the criteria shall be considered to be affordability criteria established
under that subparagraph.
`(C) INFORMATION TO ASSIST STATES- The Administrator may publish information
to assist States in establishing affordability criteria under subparagraph
(A).
`(3) PRIORITY- In providing assistance under this subsection, a State
may give priority to any owner or operator of a project or activity that--
`(A) is eligible to receive funding under subsection (c)(1); and
`(B) is located in a municipality that meets the affordability criteria
established under paragraph (2).
`(A) IN GENERAL- For any fiscal year during which more than $1,400,000,000
is made available to the Administrator to carry out this title, a State
shall provide additional subsidization under this subsection in the
amount described in subparagraph (B) to entities described in paragraph
(1) for projects and activities identified in the intended use plan
of the State under section 606(c) on receipt of an application for additional
subsidization.
`(B) AMOUNT- The amount referred to in subparagraph (A) is an amount
not less than 25 percent of the difference between--
`(i) the total amount that would have been allotted to the State under
section 604 during the appropriate fiscal year, if the amount made
available to the Administrator to carry out this title during that
fiscal year was equal to $1,400,000,000; and
`(ii) the total amount allotted to the State under section 604 for
that fiscal year.
`(5) LIMITATION- The total amount of additional subsidization provided
by a State under this subsection shall not exceed 30 percent of the total
amount of capitalization grants received by the State under this title
for fiscal years beginning after September 30, 2006.'.
SEC. 204. ALLOTMENT OF FUNDS.
(a) In General- Section 604 of the Federal Water Pollution Control Act (33
U.S.C. 1384) is amended by striking subsection (a) and inserting the following:
`(1) FISCAL YEARS 2008 AND 2009- Amounts made available to carry out this
title for fiscal years 2008 and 2009 shall be allotted by the Administrator
in accordance with the formula used to calculate allotments for fiscal
year 2007.
`(2) FISCAL YEAR 2010 AND THEREAFTER- Amounts made available to carry
out this title for fiscal year 2010 and each fiscal year thereafter shall
be allotted by the Administrator during each fiscal year--
`(A) for amounts up to $1,350,000,000, in accordance with the formula
used to calculate allotments for fiscal year 2007; and
`(B) for any amount in excess of $1,350,000,000, in accordance with
the formula developed by the Administrator under subsection (d).'.
(b) Planning Assistance- Section 604(b) of the Federal Water Pollution Control
Act (33 U.S.C. 1384(b)) is amended by striking `1 percent' and inserting
`2 percent'.
(c) Formula- Section 604 of the Federal Water Pollution Control Act (33
U.S.C. 1384) is amended by adding at the end the following:
`(d) Formula Based on Water Quality Needs- Not later than September 30,
2007, after providing notice and an opportunity for public comment, the
Administrator shall publish an allotment formula for purposes of subsection
(a)(2)(B) based on water quality needs, to be determined by the Administrator
in accordance with the most recent survey of needs developed by the Administrator
under section 516.'.
SEC. 205. AUTHORIZATION OF APPROPRIATIONS.
Section 607 of the Federal Water Pollution Control Act (33 U.S.C. 1387)
is amended to read as follows:
`SEC. 607. AUTHORIZATION OF APPROPRIATIONS.
`There are authorized to be appropriated to carry out this title--
`(1) $2,000,000,000 for fiscal year 2008;
`(2) $3,000,000,000 for fiscal year 2009;
`(3) $4,000,000,000 for fiscal year 2010;
`(4) $5,000,000,000 for fiscal year 2011; and
`(5) $6,000,000,000 for fiscal year 2012.'.
TITLE III--AREAS OF CONCERN
SEC. 301. GREAT LAKES.
(a) Remediation of Sediment Contamination in Areas of Concern- Section 118(c)(12)(H)
of the Federal Water Pollution Control Act (33 U.S.C. 1268(c)(12)(H)) is
amended by striking clause (i) and inserting the following:
`(i) IN GENERAL- In addition to other amounts authorized to be appropriated
to carry out this section, there is authorized to be appropriated
to carry out this paragraph $150,000,000 for each of fiscal years
2008 through 2011.'.
(b) Non-Federal Share- Section 118(c)(12) of the Federal Water Pollution
Control Act (33 U.S.C. 1268(c)(12)) is amended--
(1) in subparagraph (E), by adding at the end the following:
`(v) PAYMENT AND RETENTION OF NON-FEDERAL SHARE- The non-Federal sponsor
for a project under this paragraph may pay to the Administrator, for
retention and use by the Administrator in carrying out the project,
the non-Federal share of the cost of the project.';
(2) by redesignating subparagraph (H) (as amended by subsection (a)) as
subparagraph (I); and
(3) by inserting after subparagraph (G) the following:
`(H) ADVANCE PAYMENT AND REIMBURSEMENT OF COSTS- The Administrator,
acting through the Program Office, may enter into an agreement with
a non-Federal sponsor to carry out a project under this paragraph under
which the non-Federal sponsor may, as appropriate--
`(i) pay in advance the non-Federal share of the cost of the project;
and
`(ii) receive from the Administrator reimbursement for amounts (other
than the non-Federal share) expended by the non-Federal sponsor for
the project.'.
TITLE IV--TOXIC SUBSTANCES
SEC. 401. MERCURY REDUCTION GRANTS.
Section 118(c) of the Federal Water Pollution Control Act (33 U.S.C. 1268(c))
is amended by adding at the end the following:
`(14) MERCURY REDUCTION GRANTS-
`(A) IN GENERAL- The Program Office shall provide grants to Great Lakes
States and Indian tribes in Great Lakes States to carry out projects--
`(i) to reduce the quantity of mercury in the Great Lakes; and
`(ii) to identify emerging contaminants in the Great Lakes.
`(B) APPLICATION- Each Great Lake State or Indian tribe that seeks a
grant under this paragraph shall submit an application to the Program
Office at such time, in such manner, and accompanied by or containing
any information that the Program Office may require.
`(C) AUTHORIZATION OF APPROPRIATIONS- There is authorized to be appropriated
to carry out this paragraph $10,000,000 for each of fiscal years 2008
through 2012.'.
TITLE V--INDICATORS AND INFORMATION
Subtitle A--Research Program
SEC. 501. RESEARCH REAUTHORIZATIONS.
Section 118 of the Federal Water Pollution Control Act (33 U.S.C. 1268)
is amended--
(A) by striking paragraph (2);
(B) by redesignating paragraphs (3) through (7) as paragraphs (2) through
(6), respectively; and
(C) in paragraph (5) (as redesignated by subparagraph (B)), by striking
`which address priority issues and current needs relating to the Great
Lakes' and inserting `in accordance with the joint research and monitoring
plan under subsection (e)'; and
(2) by striking subsection (e) and inserting the following:
`(e) Research and Management Coordination-
`(A) IN GENERAL- Not later than September 30 of each year, the Program
Office, the Research Office, and the Great Lakes Science Center shall
prepare and submit to the Executive Committee of the Regional Collaboration
a joint research and monitoring plan for the fiscal year that begins
in the following calendar year.
`(B) COLLABORATION- The Program Office, the Research Office, and the
Great Lakes Science Center shall consult with other appropriate Federal
and State agencies, academic institutions, and other groups conducting
Great Lakes research and monitoring in preparing the plan described
in subparagraph (A).
`(C) SUBMISSION TO CONGRESS- The President shall include the plan described
in subparagraph (A) in the annual budget of the United States Government
submitted to Congress by the President.
`(2) CONTENTS OF PLAN- Each plan prepared under paragraph (1) shall--
`(A) identify all proposed research dedicated to activities carried
out under the Great Lakes Water Quality Agreement and any other applicable
agreements and amendments;
`(B) include the assessment of the Regional Collaboration of priorities
for research needed to fulfill the terms of those agreements; and
`(C) identify all proposed research that may be used to develop a comprehensive
environmental data base for the Great Lakes System and establish priorities
for development of the data base.'.
SEC. 502. GREAT LAKES SCIENCE CENTER.
There are authorized to be appropriated to the Director of the United States
Geological Survey, for use by the Great Lakes Science Center, to carry out
research activities that advance scientific knowledge and provide scientific
information for restoring, enhancing, managing, and protecting the living
marine resources and habitats in the Great Lakes basin ecosystem $25,000,000
for each of fiscal years 2008 through 2012.
SEC. 503. CENTER FOR SPONSOR COASTAL OCEAN RESEARCH.
There is authorized to be appropriated to the Director of the Center for
Sponsored Coastal Ocean Research of the National Oceanic and Atmospheric
Administration, for use by the Center, to carry out a program to provide
grants to academic institutions, State agencies, and other appropriate groups
to carry out activities, in accordance with the joint research and monitoring
plan developed under section 118(e) of the Federal Water Pollution Control
Act (33 U.S.C. 1268(e)), that advance scientific knowledge and provide scientific
information for restoring, enhancing, managing, and protecting the living
marine resources and habitats in the Great Lakes basin ecosystem $25,000,000
for each of fiscal years 2008 through 2012.
SEC. 504. GREAT LAKES ENVIRONMENTAL RESEARCH LABORATORY.
Section 118 of the Federal Water Pollution Control Act (33 U.S.C. 1268)
is amended by striking subsection (h) and inserting the following:
`(h) Authorizations of Appropriations- There are authorized to be appropriated
to carry out this section $105,000,0000 for each of fiscal years 2008 through
2012, of which, for each fiscal year--
`(1) $40,000,000 shall be made available to the Program Office; and
`(2) $15,000,000 shall be made available to the Great Lakes Environmental
Research Laboratory.'.
Subtitle B--Ocean and Coastal Observation System
SEC. 511. DEFINITIONS.
(1) COUNCIL- The term `Council' means the National Ocean Research Leadership
Council.
(2) GREAT LAKE- The term `Great Lake' means--
(B) Lake Huron (including Lake Saint Clair);
(F) the connecting channels of those Lakes, including--
(i) the Saint Marys River;
(ii) the Saint Clair River;
(iv) the Niagara River; and
(v) the Saint Lawrence River to the Canadian border.
(3) OBSERVING SYSTEM- The term `observing system' means the integrated
coastal, ocean, and Great Lakes observing system to be established by
the Committee under section 512(a).
(4) INTERAGENCY PROGRAM OFFICE- The term `interagency program office'
means the office established under section 512(d).
SEC. 512. INTEGRATED OCEAN AND COASTAL OBSERVING SYSTEM.
(1) IN GENERAL- The President, acting through the Council, shall establish
and maintain an integrated system of ocean and coastal observations, data
communication and management, analysis, modeling, research, education,
and outreach designed to provide data and information for the timely detection
and prediction of changes occurring in the ocean, coastal, and Great Lakes
environment that impact the social, economic, and ecological systems of
the United States.
(2) PURPOSES- The observing system shall provide for long-term, continuous,
and quality-controlled observations of the coasts, oceans, and Great Lakes
so as to--
(A) improve the health of the coasts, oceans, and Great Lakes of the
United States;
(B) protect human lives and livelihoods from hazards, including tsunamis,
hurricanes, coastal erosion, and fluctuating Great Lakes water levels;
(C) understand the effects of human activities and natural variability
on the state of the coasts, oceans, and Great Lakes and the socioeconomic
well-being of the United States;
(D) provide for the sustainable use, protection, and enjoyment of ocean,
coastal, and Great Lakes resources;
(E) provide information that can support the eventual implementation
and refinement of ecosystem-based management;
(F) supply critical information to marine-related businesses, including
aquaculture and fisheries; and
(G) support research and development to--
(i) ensure continuous improvement to ocean, coastal, and Great Lakes
observation measurements; and
(ii) enhance understanding of the ocean, coastal, and Great Lakes
resources of the United States.
(b) System Elements- To carry out the purposes of this subtitle, the observing
system shall consist of--
(1) a national program to fulfill national observation priorities, including
the ocean contribution of the United States to the Global Earth Observation
System of Systems and the Global Ocean Observing System;
(2) a network of regional associations to manage the regional ocean and
coastal observing and information programs that collect, measure, and
disseminate data and information products to meet regional needs;
(3) a data management and dissemination system for the timely integration
and dissemination of data and information products from the national and
regional systems;
(4) a research and development program conducted under the guidance of
the Council; and
(5) an outreach, education, and training program that augments existing
programs, including the National Sea Grant College Program, the Centers
for Ocean Sciences Education Excellence program, and the National Estuarine
Research Reserve System, to ensure the use of the data and information
for--
(A) improving public education and awareness of the oceans of the United
States; and
(B) building the technical expertise required to operate and improve
the observing system.
(c) Council Functions- In carrying out this section, the Council shall--
(1) serve as the oversight body for the design and implementation of all
aspects of the observing system;
(2) adopt plans, budgets, and standards that are developed and maintained
by the interagency program office in consultation with the regional associations;
(3) coordinate the observing system with other earth observing activities,
including the Global Ocean Observing System and the Global Earth Observing
System of Systems;
(4) coordinate and administer programs of research, development, education,
and outreach to--
(A) support improvements to, and the operation of, an integrated ocean
and coastal observing system; and
(B) advance the understanding of the oceans;
(5) establish pilot projects to develop technology and methods for advancing
the development of the observing system;
(6) provide, as appropriate, support for and representation on United
States delegations to international meetings on ocean and coastal observing
programs; and
(7) in consultation with the Secretary of State, coordinate relevant Federal
activities with those of other nations.
(d) Interagency Program Office-
(1) IN GENERAL- The Council shall establish an interagency program office
to be known as `OceanUS'.
(2) RESPONSIBILITIES- The interagency program office shall be responsible
for program planning and coordination of the observing system.
(3) REQUIREMENTS- The interagency program office shall--
(A) prepare annual and long-term plans for consideration by the Council
for the design and implementation of the observing system that promote
collaboration among Federal agencies and regional associations in developing
the global and national observing systems, including identification
and refinement of a core set of variables to be measured by all systems;
(B) coordinate the development of agency priorities and budgets for
implementation of the observing system, including budgets for the regional
associations;
(C) establish and refine standards and protocols for data management
and communications, including quality standards, in consultation with
participating Federal agencies and regional associations;
(D) develop a process for the certification and periodic review and
recertification of the regional associations;
(E) establish an external technical committee to provide biennial review
of the observing system; and
(F) provide for opportunities to partner or contract with private sector
companies in deploying ocean observation system elements.
(1) IN GENERAL- The National Oceanic and Atmospheric Administration shall
be the lead Federal agency for implementation and operation of the observing
system.
(2) REQUIREMENTS- Based on the plans prepared by the interagency program
office and adopted by the Council, the Administrator of the National Oceanic
and Atmospheric Administration shall--
(A) coordinate implementation, operation, and improvement of the observing
system;
(B) establish efficient and effective administrative procedures for
allocation of funds among Federal agencies and regional associations
in a timely manner and according to the budget adopted by the Council;
(C) implement and maintain appropriate elements of the observing system;
(D) provide for the migration of scientific and technological advances
from research and development to operational deployment;
(E) integrate and extend existing programs and pilot projects into the
operational observation system;
(F) certify regional associations that meet the requirements of subsection
(f); and
(G) integrate the capabilities of the National Coastal Data Development
Center and the Coastal Services Center of the National Oceanic and Atmospheric
Administration, and other appropriate centers, into the observing system
to assimilate, manage, disseminate, and archive data from regional observation
systems and other observation systems.
(f) Regional Associations of Ocean and Coastal Observing Systems-
(1) IN GENERAL- The Administrator of the National Oceanic and Atmospheric
Administration may certify 1 or more regional associations to be responsible
for the development and operation of regional ocean and coastal observing
systems to meet the information needs of user groups in the region while
adhering to national standards.
(2) REQUIREMENTS- To be certifiable by the Administrator, a regional association
shall--
(A) demonstrate an organizational structure capable of supporting and
integrating all aspects of ocean and coastal observing and information
programs within a region;
(B) operate under a strategic operations and business plan that details
the operation and support of regional ocean and coastal observing systems
in accordance with the standards established by the Council;
(C) provide information products for multiple users in the region;
(D) work with governmental entities and programs at all levels within
the region to provide timely warnings and outreach to protect the public;
and
(E) meet certification standards developed by the interagency program
office in conjunction with the regional associations and approved by
the Council.
(g) Prohibition on Lobbying- Nothing in this subtitle authorizes a regional
association to engage in lobbying activities (as defined in section 3 of
the Lobbying Disclosure Act of 1995 (2 U.S.C. 1602)).
(h) Civil Liability- For purposes of section 1346(b)(1) and chapter 171
of title 28, United States Code, the Suits in Admiralty Act (46 U.S.C. App.
741 et seq.), and the Public Vessels Act (46 U.S.C. App. 781 et seq.)--
(1) any regional ocean and coastal observing system that is a designated
part of a regional association certified under this section shall, in
carrying out the purposes of this subtitle, be considered to be part of
the National Oceanic and Atmospheric Administration; and
(2) any employee of that system, while acting within the scope of the
employment of the employee, carrying out those purposes, shall be considered
to be an employee of the Government.
SEC. 513. RESEARCH, DEVELOPMENT, AND EDUCATION.
The Council shall establish programs for research, development, education,
and outreach for the ocean and coastal observing system, including projects
under the National Oceanographic Partnership Program, consisting of--
(1) basic research to advance knowledge of ocean and coastal systems and
ensure continued improvement of operational products, including related
infrastructure and observing technology;
(2) focused research projects to improve understanding of the relationship
between the coasts and oceans and human activities;
(3) large-scale computing resources and research to advance modeling of
ocean and coastal processes; and
(4) a coordinated effort to build public education and awareness of the
ocean and coastal environment and functions that integrates ongoing activities,
including the National Sea Grant College Program, the Centers for Ocean
Sciences Education Excellence, and the National Estuarine Research Reserve
System.
SEC. 514. INTERAGENCY FINANCING.
(a) In General- The departments and agencies represented on the Council
may participate in interagency financing and share, transfer, receive, obligate,
and expend funds appropriated to any member of the Council to carry out
any administrative or programmatic project or activity under this subtitle
or under the National Oceanographic Partnership Program, including support
for the interagency program office, a common infrastructure, and system
integration for a ocean and coastal observing system.
(b) Transfer of Funds- Funds may be transferred among the departments and
agencies described in subsection (a) through an appropriate instrument that
specifies the goods, services, or space being acquired from another Council
member and the costs of the same.
SEC. 515. APPLICATION WITH OUTER CONTINENTAL SHELF LANDS ACT.
Nothing in this subtitle supersedes, or limits the authority of the Secretary
of the Interior under, the Outer Continental Shelf Lands Act (43 U.S.C.
1331 et seq.).
SEC. 516. AUTHORIZATION OF APPROPRIATIONS.
(a) In General- There is authorized to be appropriated to the National Oceanic
and Atmospheric Administration to carry out the observing system under section
512 and the research and development program under section 513 (including
financial assistance to the interagency program office, the regional associations
for the implementation of regional ocean and coastal observing systems,
and the departments and agencies represented on the Council) $150,000,000
for each of fiscal years 2008 through 2012, to remain available until expended.
(b) Allocation of Funds- At least 50 percent of the funds appropriated to
carry out the observing system under section 512 shall be allocated to the
regional associations certified under section 512(f) to carry out regional
ocean and coastal observing systems.
SEC. 517. REPORTING REQUIREMENT.
(a) In General- Not later than March 31, 2011, the President, acting through
the Council, shall submit to Congress a report on the programs established
under sections 512 and 513.
(b) Requirements- The report shall include--
(1) a description of activities carried out under the programs;
(2) an evaluation of the effectiveness of the programs; and
(3) recommendations concerning reauthorization of the programs and funding
levels for the programs in succeeding fiscal years.
Subtitle C--Great Lakes Water Quality Indicators and Monitoring
SEC. 521. GREAT LAKES WATER QUALITY INDICATORS AND MONITORING.
Section 118(c)(1) of the Federal Water Pollution Control Act (33 U.S.C.
1268(c)(1)) is amended by striking subparagraph (B) and inserting the following:
`(B)(i) not later than 2 years after the date of enactment of this clause,
in cooperation with Canada and appropriate Federal agencies (including
the United States Geological Survey, the National Oceanic and Atmospheric
Administration, and the United States Fish and Wildlife Service), develop
and implement a set of science-based indicators of water quality and
related environmental factors in the Great Lakes, including, at a minimum,
measures of toxic pollutants that have accumulated in the Great Lakes
for a substantial period of time, as determined by the Program Office;
`(ii) not later than 4 years after the date of enactment of this clause--
`(I) establish a Federal network for the regular monitoring of, and
collection of data throughout, the Great Lakes basin with respect
to the indicators described in clause (i); and
`(II) collect an initial set of benchmark data from the network; and
`(iii) not later than 2 years after the date of collection of the data
described in clause (ii)(II), and biennially thereafter, in addition
to the report required under paragraph (10), submit to Congress, and
make available to the public, a report that--
`(I) describes the water quality and related environmental factors
of the Great Lakes (including any changes in those factors), including
a description of ways in which the factors relate to restoration priorities
provided by the Great Lakes Regional Collaboration Executive Committee,
as determined through the regular monitoring of indicators under clause
(ii)(I) for the period covered by the report; and
`(II) identifies any emerging problems in the water quality or related
environmental factors of the Great Lakes;'.
TITLE VI--SUSTAINABLE DEVELOPMENT
SEC. 601. WATERFRONT RESTORATION AND REMEDIATION PROJECTS.
(a) Definitions- In this section:
(1) RELATED AREA- The term `related area' means land--
(A) located adjacent to, or in close proximity of, a waterfront area;
and
(B) that impacts or influences a waterfront area or an aquatic habitat.
(2) SECRETARY- The term `Secretary' means the Secretary of Commerce, acting
through the Under Secretary for Oceans and Atmosphere.
(3) WATERFRONT AREA- The term `waterfront area' means a site located adjacent
to a lake, river, stream, wetland, or floodplain of the United States.
(b) Application- An individual or entity that seeks to receive assistance
under this section shall submit to the Secretary an application for the
assistance in such form, by such time, and containing such information as
the Secretary may require.
(c) Justification and Purpose-
(1) JUSTIFICATION- The Secretary may provide assistance to eligible recipients
in financing a restoration or remediation project only if the Secretary
finds that the proposed project addresses concerns relating to--
(C) environmental improvements; or
(D) economic improvements.
(2) PURPOSE- An eligible recipient of assistance may use assistance made
available under this section to complete a restoration or remediation
project for the purpose of--
(A) improving the surrounding ecosystem; or
(B) preparing land for redevelopment by Federal, State, or local agencies,
or private entities.
(A) IN GENERAL- Except as otherwise provided in this subsection, the
Federal share of the cost of carrying out a restoration or remediation
project under this section shall not exceed 65 percent, as determined
by the Secretary.
(B) INNOVATIVE TECHNOLOGY- The Federal share of the cost of carrying
out a restoration or remediation project under this section that involves
conducting a pilot project to test a demonstration or innovative technology
shall not exceed 85 percent, as determined by the Secretary.
(2) OPERATION AND MAINTENANCE- The non-Federal share of operation and
maintenance costs for a restoration or remediation project under this
section shall be 100 percent.
(3) CREDIT FOR WORK-IN-KIND CONSIDERATIONS- In determining the amount
of a contribution made by a non-Federal interest under this section, the
non-Federal interest shall receive credit equal to 100 percent of the
value of any land, easements, rights-of-way, and relocations, and the
reasonable cost of services, studies, and supplies, contributed toward
the non-Federal share of project costs.
(4) LIABILITY OF FEDERAL GOVERNMENT- The eligible recipient shall hold
the United States harmless from any claim or damage that may arise from
carrying out the restoration or remediation project under this section,
except any claim or damage that may arise from the negligence of the Federal
Government or a contractor of the Federal Government.
(e) Funding Limitation Per Project- Of the funds provided under this section,
not more than $5,000,000 may be allocated for an individual restoration
or rehabilitation project.
SEC. 602. AUTHORITY OF SECRETARY TO RESTORE AND REMEDIATE WATERFRONT AND
RELATED AREAS.
The Secretary, in consultation with appropriate Federal, State, and local
agencies, is authorized to restore and remediate waterfront and related
areas, including site characterization, planning, design, construction,
and monitoring.
SEC. 603. AUTHORIZATION OF APPROPRIATIONS.
There is authorized to be appropriated to the Secretary to carry out this
title $50,000,000 for fiscal year 2008 and each subsequent fiscal year.
TITLE VII--COORDINATION AND OVERSIGHT
SEC. 701. DEFINITIONS.
(1) COLLABORATION- The term `Collaboration' means the Great Lakes Regional
Collaboration established by section 704(a).
(2) EXECUTIVE COMMITTEE- The term `Executive Committee' means the Great
Lakes Regional Collaboration Executive Committee established by section
703(a).
(3) EXECUTIVE ORDER- The term `Executive Order' means Executive Order
13340 (33 U.S.C. 1268 note; relating to establishment of Great Lakes Interagency
Task Force and promotion of regional collaboration of national significance
for Great Lakes).
(4) GREAT LAKE- The term `Great Lake' means--
(B) Lake Huron (including Lake Saint Clair);
(F) the connecting channels of those Lakes, including--
(i) the Saint Marys River;
(ii) the Saint Clair River;
(iv) the Niagara River; and
(v) the Saint Lawrence River to the Canadian border.
(5) GREAT LAKES CITY- The term `Great Lakes city' means a city located
in the watershed basin of a Great Lake.
(6) GREAT LAKES TRIBE- The term `Great Lakes Tribe' means any Indian tribe,
band, village, nation, or other organized group or community in the watershed
basin of a Great Lake that is recognized by the Bureau of Indian Affairs
as eligible for the special programs and services provided by the United
States to Indians because of their status as Indians.
(7) SAINT LAWRENCE CITY- The term `Saint Lawrence city' means a city located
in the watershed basin of the Saint Lawrence River.
(8) TASK FORCE- The term `Task Force' means the Great Lakes Interagency
Task Force established by section 702(a).
SEC. 702. GREAT LAKES INTERAGENCY TASK FORCE.
(a) Interagency Coordination- The Great Lakes Interagency Task Force, as
established by the Executive Order for administrative purposes, is established
as a task force within the Environmental Protection Agency.
(b) Duties- In addition to the duties described in the Executive Order,
the Task Force shall--
(1) ensure that implementation of programs and projects under the authority
of Task Force members is coordinated, effective, and cost-efficient;
(2) work in cooperation with Federal agencies on the development of budgets
and financial plans regarding the Great Lakes for inclusion in annual
submissions by the President to Congress of the budget of the United States;
and
(3) submit to Congress a biennial report that describes the projects and
activities carried out by the Collaboration during the 2-year period covered
by the report, including a description of--
(A) any actions that Federal agencies can take to address the biennial
restoration goals;
(B) Federal expenditures to meet the restoration goals and the amount
of non-Federal funding leveraged by those Federal expenditures; and
(C) the indicators and monitoring used to determine whether the goals
will be met.
SEC. 703. EXECUTIVE COMMITTEE.
(a) In General- There is established a Great Lakes Regional Collaboration
Executive Committee.
(b) Composition- The Executive Committee shall be composed of--
(1) the Chairperson of the Task Force;
(2) a representative of the Governors of the Great Lakes States, as agreed
upon by the Governors;
(3) a representative of the Great Lakes cities and Saint Lawrence cities,
as agreed upon by the majority of mayors of those cities; and
(4) a designated representative for the Great Lakes Tribes, as agreed
upon by those Tribes.
(c) Duties- The Executive Committee shall--
(1) hold semiannual public meetings to discuss Great Lakes restoration
goals and progress;
(2) receive input and consider recommendations from interested parties,
including nongovernmental organizations, industry, and academia, with
respect to proposed recommendations of the Executive Committee for restoration
of the Great Lakes; and
(3) submit to Congress and the Task Force a biennial report that includes--
(A) an analysis of progress in--
(i) carrying out restoration of the Great Lakes; and
(ii) meeting the goals and recommendations in the restoration and
protection strategy developed by the Great Lakes Regional Collaboration
and under this Act; and
(B) recommendations on future priorities and actions with respect to
that restoration.
(d) Subcommittees- The members of the Executive Committee may designate
representatives to work as 1 or more subcommittees to provide staff support
and otherwise assist in carrying out responsibilities of the Executive Committee
relating to the Collaboration.
SEC. 704. GREAT LAKES REGIONAL COLLABORATION.
(a) In General- There is established the Great Lakes Regional Collaboration.
(b) Composition- The Collaboration shall be composed of--
(1) the members of the Executive Committee; and
(2) each other individual and entity that notifies the Executive Committee,
in writing, of the desire and intent of the individual or entity to participate
in the Collaboration.
(c) Duties- The Collaboration shall--
(1) develop and maintain as current a restoration and protection strategy
to provide information for use in future Great Lakes program implementation
and funding decisions;
(2) serve as a forum for addressing near-term regional issues relating
to ecosystem restoration and protection of the Great Lakes; and
(3) establish an oversight forum to coordinate and enhance implementation
of Great Lakes programs.
END
