[104th Congress Public Law 332]
[From the U.S. Government Printing Office]
<DOC>
[DOCID: f:publ332.104]
[[Page 110 STAT. 4073]]
Public Law 104-332
104th Congress
An Act
To provide for ballast water management to prevent the introduction and
spread of nonindigenous species into the waters of the United States,
and for other purposes. <<NOTE: Oct. 26, 1996 - [H.R. 4283]>>
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled, <<NOTE: National
Invasive Species Act of 1996. Environmental protection. Maritime
affairs.>>
SECTION 1. SHORT TITLE; REFERENCES.
<<NOTE: 16 USC 4701 note.>> (a) In General.--This Act may be cited
as the ``National Invasive Species Act of 1996''.
(b) References.--Whenever in this Act an amendment or repeal is
expressed in terms of an amendment to or repeal of a section or other
provision, the reference shall be considered to be made to a section or
other provision of the Nonindigenous Aquatic Nuisance Prevention and
Control Act of 1990 (16 U.S.C. 4701 et seq.).
SEC. 2. AMENDMENTS TO THE NONINDIGENOUS AQUATIC NUISANCE PREVENTION AND
CONTROL ACT OF 1990.
(a) Findings; Definitions.--
(1) Findings.--Section 1002(a) (16 U.S.C. 4701(a)) is
amended--
(A) by striking paragraphs (2) and (3) and inserting
the following new paragraphs:
``(2) when environmental conditions are favorable,
nonindigenous species become established, may compete with or
prey upon native species of plants, fish, and wildlife, may
carry diseases or parasites that affect native species, and may
disrupt the aquatic environment and economy of affected
nearshore areas;
``(3) the zebra mussel was unintentionally introduced into
the Great Lakes and has infested--
``(A) waters south of the Great Lakes, into a good
portion of the Mississippi River drainage;
``(B) waters west of the Great Lakes, into the
Arkansas River in Oklahoma; and
``(C) waters east of the Great Lakes, into the
Hudson River and Lake Champlain;'';
(B) in paragraph (4)--
(i) by inserting ``by the zebra mussel and
ruffe, round goby, and other nonindigenous
species'' after ``other species''; and
(ii) by striking ``and'' at the end;
(C) in paragraph (5), by striking the period and
inserting a semicolon; and
(D) by adding at the end the following new
paragraphs:
[[Page 110 STAT. 4074]]
``(6) in 1992, the zebra mussel was discovered at the
northernmost reaches of the Chesapeake Bay watershed;
``(7) the zebra mussel poses an imminent risk of invasion in
the main waters of the Chesapeake Bay;
``(8) since the Chesapeake Bay is the largest recipient of
foreign ballast water on the East Coast, there is a risk of
further invasions of other nonindigenous species;
``(9) the zebra mussel is only one example of thousands of
nonindigenous species that have become established in waters of
the United States and may be causing economic and ecological
degradation with respect to the natural resources of waters of
the United States;
``(10) since their introduction in the early 1980's in
ballast water discharges, ruffe--
``(A) have caused severe declines in populations of
other species of fish in Duluth Harbor (in Minnesota and
Wisconsin);
``(B) have spread to Lake Huron; and
``(C) are likely to spread quickly to most other
waters in North America if action is not taken promptly
to control their spread;
``(11) examples of nonindigenous species that, as of the
date of enactment of the National Invasive Species Act of 1996,
infest coastal waters of the United States and that have the
potential for causing adverse economic and ecological effects
include--
``(A) the mitten crab (Eriocher sinensis) that has
become established on the Pacific Coast;
``(B) the green crab (Carcinus maenas) that has
become established in the coastal waters of the Atlantic
Ocean;
``(C) the brown mussel (Perna perna) that has become
established along the Gulf of Mexico; and
``(D) certain shellfish pathogens;
``(12) many aquatic nuisance vegetation species, such as
Eurasian watermilfoil, hydrilla, water hyacinth, and water
chestnut, have been introduced to waters of the United States
from other parts of the world causing or having a potential to
cause adverse environmental, ecological, and economic effects;
``(13) if preventive management measures are not taken
nationwide to prevent and control unintentionally introduced
nonindigenous aquatic species in a timely manner, further
introductions and infestations of species that are as
destructive as, or more destructive than, the zebra mussel or
the ruffe infestations may occur;
``(14) once introduced into waters of the United States,
aquatic nuisance species are unintentionally transported and
introduced into inland lakes and rivers by recreational boaters,
commercial barge traffic, and a variety of other pathways; and
``(15) resolving the problems associated with aquatic
nuisance species will require the participation and cooperation
of the Federal Government and State governments, and investment
in the development of prevention technologies.''.
(2) Definitions.--Section 1003 (16 U.S.C. 4702) is
amended--
[[Page 110 STAT. 4075]]
(A) by striking paragraph (1) and redesignating
paragraphs (2) through (8) as paragraphs (1) through
(7), respectively;
(B) in paragraph (2), as redesignated by
subparagraph (A) of this paragraph, by striking
``assistant Secretary'' and inserting ``Assistant
Secretary'';
(C) by redesignating paragraphs (9) through (15) as
paragraphs (11) through (17), respectively; and
(D) by inserting after paragraph (7), as
redesignated by subparagraph (A) of this paragraph, the
following:
``(8) `Great Lakes region' means the 8 States that border on
the Great Lakes;
``(9) `Indian tribe' means any Indian tribe, band, nation,
or other organized group or community, including any Alaska
Native village or regional corporation (as defined in or
established pursuant to the Alaska Native Claims Settlement Act
(43 U.S.C. 1601 et seq.)) that is recognized as eligible for the
special programs and services provided by the United States to
Indians because of their status as Indians;
``(10) `interstate organization' means an entity--
``(A) established by--
``(i) an interstate compact that is approved
by
Congress;
``(ii) a Federal statute; or
``(iii) a treaty or other international
agreement with respect to which the United States
is a party; and
``(B)(i) that represents 2 or more--
``(I) States or political subdivisions
thereof; or
``(II) Indian tribes; or
``(ii) that represents--
``(I) 1 or more States or political
subdivisions thereof; and
``(II) 1 or more Indian tribes; or
``(iii) that represents the Federal Government and 1
or more foreign governments; and
``(C) has jurisdiction over, serves as forum for
coordinating, or otherwise has a role or responsibility
for the management of, any land or other natural
resource;''.
(b) Aquatic Nuisance Species Control Program.--
(1) Amendment to heading.--The heading to subtitle B (16
U.S.C. 4711 et seq.) is amended to read as follows:
``Subtitle B--Prevention of Unintentional Introductions of Nonindigenous
Aquatic Species''.
(2) Aquatic nuisance species.--Section 1101 (16 U.S.C. 4711)
is amended to read as follows:
``SEC. 1101. AQUATIC NUISANCE SPECIES IN WATERS OF THE UNITED STATES.
``(a) Great Lakes Guidelines.--
``(1) In general.--Not later than 6 months after the date of
enactment of this Act, the Secretary shall issue voluntary
guidelines to prevent the introduction and spread of aquatic
[[Page 110 STAT. 4076]]
nuisance species into the Great Lakes through the exchange of
ballast water of vessels prior to entering those waters.
``(2) Content of guidelines.--The guidelines issued under
this subsection shall--
``(A) ensure to the maximum extent practicable that
ballast water containing aquatic nuisance species is not
discharged into the Great Lakes;
``(B) protect the safety of--
``(i) each vessel; and
``(ii) the crew and passengers of each vessel;
``(C) take into consideration different vessel
operating conditions; and
``(D) be based on the best scientific information
available.
``(b) Regulations.--
``(1) In general.--Not later than 2 years after the date of
enactment of this Act, the Secretary, in consultation with the
Task Force, shall issue regulations to prevent the introduction
and spread of aquatic nuisance species into the Great Lakes
through the ballast water of vessels.
``(2) Content of regulations.--The regulations issued under
this subsection shall--
``(A) apply to all vessels equipped with ballast
water tanks that enter a United States port on the Great
Lakes after operating on the waters beyond the exclusive
economic zone;
``(B) require a vessel to--
``(i) carry out exchange of ballast water on
the waters beyond the exclusive economic zone
prior to entry into any port within the Great
Lakes;
``(ii) carry out an exchange of ballast water
in other waters where the exchange does not pose a
threat of infestation or spread of aquatic
nuisance species in the Great Lakes and other
waters of the United States, as recommended by the
Task Force under
section 1102(a)(1); or
``(iii) use environmentally sound alternative
ballast water management methods if the Secretary
determines that such alternative methods are as
effective as ballast water exchange in preventing
and controlling infestations of aquatic nuisance
species;
``(C) not affect or supersede any requirements or
prohibitions pertaining to the discharge of ballast
water into waters of the United States under the Federal
Water Pollution Control Act (33 U.S.C. 1251 et seq.);
``(D) provide for sampling procedures to monitor
compliance with the requirements of the regulations;
``(E) prohibit the operation of a vessel in the
Great Lakes if the master of the vessel has not
certified to the Secretary or the Secretary's designee
by not later than the departure of that vessel from the
first lock in the St. Lawrence Seaway that the vessel
has complied with the requirements of the regulations;
``(F) protect the safety of--
``(i) each vessel; and
``(ii) the crew and passengers of each vessel;
[[Page 110 STAT. 4077]]
``(G) take into consideration different operating
conditions; and
``(H) be based on the best scientific information
available.
``(3) Additional regulations.--In addition to
promulgating regulations under paragraph (1), the Secretary, in
consultation with the Task Force, shall, not later than November
4, 1994, issue regulations to prevent the introduction and
spread of aquatic nuisance species into the Great Lakes through
ballast water carried on vessels that enter a
United States port on the Hudson River north of the George
Washington Bridge.
``(4) Education and technical assistance programs.--The
Secretary may carry out education and technical assistance
programs and other measures to promote compliance with the
regulations issued under this subsection.
``(c) Voluntary National Guidelines.--
``(1) In general.--Not later than 1 year after the date of
enactment of the National Invasive Species Act of 1996, and
after providing notice and an opportunity for public comment,
the Secretary shall issue voluntary guidelines to prevent the
introduction and spread of nonindigenous species in waters of
the United States by ballast water operations and other
operations of vessels equipped with ballast water tanks.
``(2) Content of guidelines.--The voluntary guidelines
issued under this subsection shall--
``(A) ensure to the maximum extent practicable that
aquatic nuisance species are not discharged into waters
of the United States from vessels;
``(B) apply to all vessels equipped with ballast
water tanks that operate in waters of the United States;
``(C) protect the safety of--
``(i) each vessel; and
``(ii) the crew and passengers of each vessel;
``(D) direct a vessel that is carrying ballast water
into waters of the United States after operating beyond
the exclusive economic zone to--
``(i) carry out the exchange of ballast water
of the vessel in waters beyond the exclusive
economic zone;
``(ii) exchange the ballast water of the
vessel in other waters where the exchange does not
pose a threat of infestation or spread of
nonindigenous species in waters of the United
States, as recommended by the Task Force under
section 1102(a)(1); or
``(iii) use environmentally sound alternative
ballast water management methods, including
modification of the vessel ballast water tanks and
intake systems, if the Secretary determines that
such alternative
methods are at least as effective as ballast water
exchange in preventing and controlling
infestations of aquatic nuisance species;
``(E) direct vessels to carry out management
practices that the Secretary determines to be necessary
to reduce the probability of unintentional nonindigenous
species transfer resulting from--
[[Page 110 STAT. 4078]]
``(i) ship operations other than ballast water
discharge; and
``(ii) ballasting practices of vessels that
enter waters of the United States with no ballast
water on board;
<<NOTE: Records.>> ``(F) provide for the keeping of
records that shall be submitted to the Secretary, as
prescribed by the guidelines, and that shall be
maintained on board each vessel and made available for
inspection, upon request of the Secretary and in a
manner consistent with subsection (i), in order to
enable the Secretary to determine compliance with the
guidelines, including--
``(i) with respect to each ballast water
exchange referred to in clause (ii), reporting on
the precise location and thoroughness of the
exchange; and
``(ii) any other information that the
Secretary considers necessary to assess the rate
of effective compliance with the guidelines;
``(G) provide for sampling procedures to monitor
compliance with the guidelines;
``(H) take into consideration--
``(i) vessel types;
``(ii) variations in the characteristics of
point of origin and receiving water bodies;
``(iii) variations in the ecological
conditions of waters and coastal areas of the
United States; and
``(iv) different operating conditions;
``(I) be based on the best scientific information
available;
``(J) not affect or supersede any requirements or
prohibitions pertaining to the discharge of ballast
water into waters of the United States under the Federal
Water Pollution Control Act (33 U.S.C. 1251 et seq.);
and
``(K) provide an exemption from ballast water
exchange requirements to passenger vessels with
operating ballast water systems that are equipped with
treatment systems designed to kill aquatic organisms in
ballast water, unless the Secretary determines that such
treatment systems are less effective than ballast water
exchange at reducing the risk of transfers of invasive
species in the ballast water of passenger vessels; and
``(L) not apply to crude oil tankers engaged in the
coastwise trade.
``(3) Education and technical assistance programs.--Not
later than 1 year after the date of enactment of the National
Invasive Species Act of 1996, the Secretary shall carry out
education and technical assistance programs and other measures
to encourage compliance with the guidelines issued under this
subsection.
``(d) Report to Congress.--Not sooner than 24 months after the date
of issuance of guidelines pursuant to subsection (c) and not later than
30 months after such date, and after consultation with interested and
affected persons, the Secretary shall prepare and submit to Congress a
report containing the information required pursuant to paragraphs (1)
and (2) of subsection (e).
``(e) Periodic Review and Revision.--
[[Page 110 STAT. 4079]]
``(1) In general.--Not later than 3 years after the date of
issuance of guidelines pursuant to subsection (c), and not less
frequently than every 3 years thereafter, the Secretary shall,
in accordance with criteria developed by the Task Force under
paragraph (3)--
``(A) assess the compliance by vessels with the
voluntary guidelines issued under subsection (c) and the
regulations promulgated under this Act;
``(B) establish the rate of compliance that is based
on the assessment under subparagraph (A);
``(C) assess the effectiveness of the voluntary
guidelines and regulations referred to in subparagraph
(A) in reducing the introduction and spread of aquatic
nuisance species by vessels; and
``(D) as necessary, on the basis of the best
scientific information available--
``(i) revise the guidelines and regulations
referred to in subparagraph (A);
``(ii) promulgate additional regulations
pursuant to subsection (f)(1); or
``(iii) carry out each of clauses (i) and
(ii).
``(2) Special review and revision.--Not later than 90 days
after the Task Force makes a request to the Secretary for a
special review and revision for coastal and inland waterways
designated by the Task Force, the Secretary shall--
``(A) conduct a special review of guidelines and
regulations applicable to those waterways in accordance
with the review procedures under paragraph (1); and
``(B) as necessary, in the same manner as provided
under paragraph (1)(D)--
``(i) revise those guidelines;
``(ii) promulgate additional regulations
pursuant to subsection (f)(1); or
``(iii) carry out each of clauses (i) and
(ii).
``(3) Criteria for effectiveness.--Not later than 18 months
after the date of enactment of the National Invasive Species Act
of 1996, the Task Force shall submit to the
Secretary criteria for determining the adequacy and
effectiveness of the voluntary guidelines issued under
subsection (c).
``(f) Authority of Secretary.--
``(1) General regulations.--If, on the basis of a periodic
review conducted under subsection (e)(1) or a special review
conducted under subsection (e)(2), the Secretary determines
that--
``(A) the rate of effective compliance (as
determined by the Secretary) with the guidelines issued
pursuant to subsection (c) is inadequate; or
``(B) the reporting by vessels pursuant to those
guidelines is not adequate for the Secretary to assess
the compliance with those guidelines and provide a rate
of compliance of vessels, including the assessment of
the rate of compliance of vessels under subsection
(e)(2),
the Secretary shall promptly promulgate regulations that meet
the requirements of paragraph (2).
``(2) Requirements for regulations.--The regulations
promulgated by the Secretary under paragraph (1)--
``(A) shall--
[[Page 110 STAT. 4080]]
``(i) not be promulgated sooner than 180 days
following the issuance of the report to Congress
submitted pursuant to subsection (d);
``(ii) make mandatory the requirements
included in the voluntary guidelines issued under
subsection (c); and
``(iii) provide for the enforcement of the
regula-
tions; and
``(B) may be regional in scope.
``(3) International regulations.--The Secretary shall revise
regulations promulgated under this subsection to the extent
required to make such regulations consistent with the treatment
of a particular matter in any international agreement, agreed to
by the United States, governing management of the transfer of
nonindigenous aquatic species by vessel.
``(g) Sanctions.--
``(1) Civil penalties.--Any person who violates a regulation
promulgated under subsection (b) or (f) shall be liable for a
civil penalty in an amount not to exceed $25,000. Each day of a
continuing violation constitutes a separate violation. A vessel
operated in violation of the regulations is liable in rem for
any civil penalty assessed under this subsection for that
violation.
``(2) Criminal penalties.--Any person who knowingly
violates the regulations promulgated under subsection (b) or (f)
is guilty of a class C felony.
``(3) Revocation of clearance.--Upon 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 issued under
subsection (b) or (f).
``(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, its crew, or its
passengers; and
``(B) the recordkeeping and reporting requirements
of the Act are complied with.
``(h) Coordination With Other Agencies.--In carrying out the
programs under this section, the Secretary is encouraged to use, to the
maximum extent practicable, the expertise, facilities, members, or
personnel of established agencies and organizations that have routine
contact with vessels, including the Animal and Plant Health Inspection
Service of the Department of Agriculture, the National Cargo Bureau,
port administrations, and ship pilots' associations.
``(i) Consultation With Canada, Mexico, and Other Foreign
Governments.--In developing the guidelines issued and regulations
promulgated under this section, the Secretary is encouraged to consult
with the Government of Canada, the Government of Mexico, and any other
government of a foreign country that the Secretary, in consultation with
the Task Force, determines to be necessary to develop and implement an
effective international program for preventing the unintentional
introduction and spread of nonindigenous species.
[[Page 110 STAT. 4081]]
``(j) International Cooperation.--The Secretary, in cooperation with
the International Maritime Organization of the United Nations and the
Commission on Environmental Cooperation established pursuant to the
North American Free Trade Agreement, is encouraged to enter into
negotiations with the governments of foreign countries to develop and
implement an effective international program for preventing the
unintentional introduction and spread of nonindigenous species.
``(k) Safety Exemption.--
``(1) Master discretion.--The master of a vessel is not
required to conduct a ballast water exchange if the master
decides that the exchange would threaten the safety or stability
of the vessel, its crew, or its passengers because of adverse
weather, vessel architectural design, equipment failure, or any
other extraordinary conditions.
``(2) Other requirements.--(A) In general.--Except as
provided in subparagraph (B), a vessel that does not exchange
ballast water on the high seas under paragraph (1) shall not be
restricted from discharging ballast water in any harbor.
``(B) Great lakes.--Subparagraph (A) shall not apply in a
case in which a vessel is subject to the regulations issued by
the Secretary under subsection (b).
``(3) Crude oil tanker ballast facility study.--(A) Within
60 days of the date of enactment of this Act, the
Secretary of the department in which the Coast Guard is
operating, in consultation with the Under Secretary of Commerce
for Oceans and Atmosphere, affected shoreside ballast water
facility operators, affected crude oil tanker operators, and
interested parties, shall initiate a study of the effectiveness
of existing shoreside ballast water facilities used by crude oil
tankers in the coastwise trade off Alaska in preventing the
introduction of nonindigenous aquatic species into the waters
off Alaska, as well as the cost and feasibility of modifying
such facilities to improve such effectiveness.
``(B) The study required under subparagraph (A) shall be
submitted to the Congress by no later than October 1, 1997.
``(l) 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 when
the Secretary performs studies, reviews compliance, determines
effectiveness, establishes requirements, or performs any other
responsibilities under this Act.''.
(c) National Ballast Water Management Information.--Section 1102 (16
U.S.C. 4712) is amended--
(1) by striking the section heading and inserting the
following:
``SEC. 1102. NATIONAL BALLAST WATER MANAGEMENT INFORMATION.'';
(2) in subsection (a)--
(A) in paragraphs (1) and (2), by inserting ``, in
cooperation with the Secretary,'' before ``shall
conduct'' each place it appears;
(B) in paragraph (2), by inserting ``Lake Champlain
and other'' after ``economic uses of'';
(3) by striking subsection (b) and inserting the following:
``(b) Ecological and Ballast Water Discharge Surveys.--
``(1) Ecological surveys.--
[[Page 110 STAT. 4082]]
``(A) In general.--The Task Force, in cooperation
with the Secretary, shall conduct ecological surveys of
the
Chesapeake Bay, San Francisco Bay, and Honolulu Harbor
and, as necessary, of other estuaries of national
significance and other waters that the Task Force
determines--
``(i) to be highly susceptible to invasion by
aquatic nuisance species resulting from ballast
water operations and other operations of vessels;
and
``(ii) to require further study.
``(B) Requirements for surveys.--In conducting the
surveys under this paragraph, the Task Force shall, with
respect to each such survey--
``(i) examine the attributes and patterns of
invasions of aquatic nuisance species; and
``(ii) provide an estimate of the
effectiveness of ballast water management and
other vessel management guidelines issued and
regulations promulgated under this subtitle in
abating invasions of aquatic
nuisance species in the waters that are the
subject of the survey.
``(2) Ballast water discharge surveys.--
``(A) In general.--The Secretary, in cooperation
with the Task Force, shall conduct surveys of ballast
water discharge rates and practices in the waters
referred to in paragraph (1)(A) on the basis of the
criteria under clauses (i) and (ii) of such paragraph.
``(B) Requirements for surveys.--In conducting the
surveys under this paragraph, the Secretary shall--
``(i) examine the rate of, and trends in,
ballast water discharge in the waters that are the
subject of the survey; and
``(ii) assess the effectiveness of voluntary
guidelines issued, and regulations promulgated,
under this subtitle in altering ballast water
discharge practices to reduce the probability of
accidental introductions of aquatic nuisance
species.
``(3) Columbia river.--The Secretary, in cooperation with
the Task Force and academic institutions in each of the States
affected, shall conduct an ecological and ballast water
discharge survey of the Columbia River system consistent with
the requirements of paragraphs (1) and (2).''; and
(4) by adding at the end the following new subsections:
``(e) Regional Research Grants.--Out of amounts appropriated to
carry out this subsection for a fiscal year, the Under Secretary may--
``(1) make available not to exceed $750,000 to fund research
on aquatic nuisance species prevention and control in the
Chesapeake Bay through grants, to be competitively awarded and
subject to peer review, to universities and research
institutions;
``(2) make available not to exceed $500,000 to fund research
on aquatic nuisance species prevention and control in the Gulf
of Mexico through grants, to be competitively awarded and
subject to peer review, to universities and research
institutions;
``(3) make available not to exceed $500,000 to fund research
on aquatic nuisance species prevention and control for the
[[Page 110 STAT. 4083]]
Pacific Coast through grants, to be competitively awarded and
subject to peer review, to universities and research
institutions;
``(4) make available not to exceed $500,000 to fund research
on aquatic nuisance species prevention and control for the
Atlantic Coast through grants, to be competitively awarded and
subject to peer review, to universities and research
institutions; and
``(5) make available not to exceed $750,000 to fund research
on aquatic nuisance species prevention and control in the San
Francisco Bay-Delta Estuary through grants, to be competitively
awarded and subject to peer review, to universities and research
institutions.
``(f) National Ballast Information Clearinghouse.--
``(1) In general.--The Secretary shall develop and maintain,
in consultation and cooperation with the Task Force and the
Smithsonian Institution (acting through the Smithsonian
Environmental Research Center), a clearinghouse of national data
concerning--
``(A) ballasting practices;
``(B) compliance with the guidelines issued pursuant
to section 1101(c); and
``(C) any other information obtained by the Task
Force under subsection (b).
``(2) Report.--In consultation and cooperation with the Task
Force and the Smithsonian Institution (acting through the
Smithsonian Environmental Research Center), the
Secretary shall prepare and submit to the Task Force and the
Congress, on a biannual basis, a report that synthesizes and
analyzes the data referred to in paragraph (1) relating to--
``(A) ballast water delivery and management; and
``(B) invasions of aquatic nuisance species
resulting from ballast water.''.
(d) Armed Services Ballast Water Program; Ballast Water Management
Demonstration Program.--Subtitle B (16 U.S.C. 4701 et seq.) is amended
by adding at the end the following new sections:
<<NOTE: 16 USC 4713.>> ``SEC. 1103. ARMED SERVICES BALLAST WATER
PROGRAMS.
``(a) Department of Defense Vessels.--Subject to operational
conditions, the Secretary of Defense, in consultation with the
Secretary, the Task Force, and the International Maritime Organization,
shall implement a ballast water management program for seagoing vessels
of the Department of Defense to minimize the risk of introduction of
nonindigenous species from releases of ballast water.
``(b) Coast Guard Vessels.--Subject to operational conditions, the
Secretary, in consultation with the Task Force and the International
Maritime Organization, shall implement a ballast water management
program for seagoing vessels of the Coast Guard to minimize the risk of
introduction of nonindigenous species from releases of ballast water.
<<NOTE: 16 USC 4714.>> ``SEC. 1104. BALLAST WATER MANAGEMENT
DEMONSTRATION
PROGRAM.
``(a) Technologies and Practices Defined.--For purposes of this
section, the term `technologies and practices' means those technologies
and practices that--
[[Page 110 STAT. 4084]]
``(1) may be retrofitted--
``(A) on existing vessels or incorporated in new
vessel designs; and
``(B) on existing land-based ballast water treatment
facilities;
``(2) may be designed into new water treatment facilities;
``(3) are operationally practical;
``(4) are safe for a vessel and crew;
``(5) are environmentally sound;
``(6) are cost-effective;
``(7) a vessel operator is capable of monitoring; and
``(8) are effective against a broad range of aquatic
nuisance species.
``(b) Demonstration Program.--
``(1) In general.--During the 18-month period beginning on
the date that funds are made available by appropriations
pursuant to section 1301(e), the Secretary of the Interior and
the Secretary of Commerce, with the concurrence of and in
cooperation with the Secretary, shall conduct a ballast water
management demonstration program to demonstrate technologies and
practices to prevent aquatic nonindigenous species from being
introduced into and spread through ballast water in the Great
Lakes and other waters of the United States.
``(2) Location.--The installation and construction of the
technologies and practices used in the demonstration program
conducted under this subsection shall be performed in the United
States.
``(3) Vessel selection.--In demonstrating technologies and
practices on vessels under this subsection, the Secretary of the
Interior and the Secretary of Commerce, shall--
``(A) use only vessels that--
``(i) are approved by the Secretary;
``(ii) have ballast water systems conducive to
testing aboard-vessel or land-based technologies
and
practices applicable to a significant number of
merchant vessels; and
``(iii) are--
``(I) publicly or privately owned;
and
``(II) in active use for trade or
other cargo shipment purposes during the
demonstration;
``(B) select vessels for participation in the
program by giving priority consideration--
``(i) first, to vessels documented under
chapter 121 of title 46, United States Code;
``(ii) second, to vessels that are a majority
owned by citizens of the United States, as
determined by the Secretary; and
``(iii) third, to any other vessels that
regularly call on ports in the United States; and
``(C) seek to use a variety of vessel types,
including vessels that--
``(i) call on ports in the United States and
on the Great Lakes; and
``(ii) are operated along major coasts of the
United States and inland waterways, including the
San
Francisco Bay and Chesapeake Bay.
[[Page 110 STAT. 4085]]
``(4) Selection of technologies and practices.--In selecting
technologies and practices for demonstration under this
subsection, the Secretary of the Interior and the Secretary of
Commerce shall give priority consideration to technologies and
practices identified as promising by the National Research
Council Marine Board of the National Academy of Sciences in its
report on ships' ballast water operations issued in July 1996.
``(5) Report.--Not later than 3 years after the date of
enactment of the National Invasive Species Act of 1996, the
Secretary of the Interior and the Secretary of Commerce shall
prepare and submit a report to the Congress on the demonstration
program conducted pursuant to this section. The report shall
include findings and recommendations of the Secretary of the
Interior and the Secretary of Commerce concerning technologies
and practices.
``(c) Authorities; Consultation and Cooperation With International
Maritime Organization and Task Force.--
``(1) Authorities.--In conducting the demonstration
program under subsection (b), the Secretary of the Interior
may--
``(A) enter into cooperative agreements with
appropriate officials of other agencies of the Federal
Government, agencies of States and political
subdivisions thereof, and private entities;
``(B) accept funds, facilities, equipment, or
personnel from other Federal agencies; and
``(C) accept donations of property and services.
``(2) Consultation and cooperation.--The Secretary of the
Interior shall consult and cooperate with the International
Maritime Organization and the Task Force in carrying out this
section.''.
(e) Amendments to Subtitle C.--
(1) Subtitle heading.--The heading to subtitle C (16 U.S.C.
4721 et seq.) is amended to read as follows:
``Subtitle C--Prevention and Control of Aquatic Nuisance Species
Dispersal''.
(2) Task force.--Section 1201 (16 U.S.C. 4721) is
amended--
(A) in subsection (b)--
(i) by striking ``and'' at the end of
paragraph (5);
(ii) by redesignating paragraph (6) as
paragraph (7); and
(iii) by inserting after paragraph (5) the
following new paragraph:
``(6) the Secretary of Agriculture; and''; and
(B) in subsection (c), by inserting ``the Chesapeake
Bay Program, the San Francisco Bay-Delta Estuary
Program,'' before ``and State agencies''.
(3) Research program.--Section 1202 (16 U.S.C. 4722) is
amended--
(A) in subsection (f)(1)(A), by inserting ``and
impacts'' after ``economic risks''; and
(B) in subsection (i)--
[[Page 110 STAT. 4086]]
(i) in paragraph (1)--
(I) by striking ``(1) In general.--
The Task Force'' and inserting the
following:
``(1) Zebra mussel.--
``(A) In general.--The Task Force'';
(II) by striking ``(A) research''
and inserting the following:
``(i) research'';
(III) by striking ``(B) tracking''
and inserting the following:
``(ii) tracking'';
(IV) by striking ``(C) development''
and
inserting the following:
``(iii) development''; and
(V) by striking ``(D) provision''
and inserting the following:
``(iv) provision'';
(ii) in paragraph (2), by striking ``(2)
Public
facility research and development.--'' and
inserting the following:
``(B) Public facility research and develop-
ment.--'';
(iii) in subparagraph (B) of paragraph (1), as
so redesignated, by striking the first sentence
and inserting the following: ``The Assistant
Secretary, in consultation with the Task Force,
shall develop a program of research, technology
development, and demonstration for the
environmentally sound control of zebra mussels in
and around public facilities.'';
(iv) in paragraph (1), by adding after
subparagraph (B), as so redesignated, the
following new subparagraph:
``(C) Voluntary guidelines.--Not later than 1 year
after the date of enactment of this subparagraph, the
Task Force shall develop and submit to the Secretary
voluntary guidelines for controlling the spread of the
zebra mussel and, if appropriate, other aquatic nuisance
species through recreational activities, including
boating and fishing. Not later than 4 months after the
date of such submission, and after providing notice and
an opportunity for public comment, the Secretary shall
issue voluntary guidelines that are based on the
guidelines developed by the Task Force under this
subparagraph.''; and
(v) by adding at the end the following new
paragraphs:
``(2) Dispersal containment analysis.--
``(A) Research.--The Administrator of the
Environmental Protection Agency, in cooperation with the
National Science Foundation and the Task Force, shall
provide research grants on a competitive basis for
projects that--
``(i) identify environmentally sound methods
for controlling the dispersal of aquatic nuisance
species, such as the zebra mussel; and
``(ii) adhere to research protocols developed
pursuant to subsection (f)(2).
[[Page 110 STAT. 4087]]
``(B) Authorization of appropriations.--There are
authorized to be appropriated to the Environmental
Protection Agency to carry out this paragraph, $500,000.
``(3) Dispersal barrier demonstration.--
``(A) In general.--The Assistant Secretary, in
consultation with the Task Force, shall investigate and
identify environmentally sound methods for preventing
and reducing the dispersal of aquatic nuisance species
between the Great Lakes-Saint Lawrence drainage and the
Mississippi River drainage through the Chicago River
Ship and Sanitary Canal, including any of those methods
that could be incorporated into the operation or
construction of the lock system of the Chicago River
Ship and Sanitary Canal.
``(B) Report.--Not later than 18 months after the
date of enactment of this paragraph, the Assistant
Secretary shall issue a report to the Congress that
includes
recommendations concerning--
``(i) which of the methods that are identified
under the study conducted under this paragraph are
most promising with respect to preventing and
reducing the dispersal of aquatic nuisance
species; and
``(ii) ways to incorporate those methods into
ongoing operations of the United States Army Corps
of Engineers that are conducted at the Chicago
River Ship and Sanitary Canal.
``(C) Authorization of appropriations.--There are
authorized to be appropriated to the Department of the
Army, to carry out this paragraph, $750,000.
``(4) Contributions.--To the extent allowable by law, in
carrying out the studies under paragraphs (2) and (3), the
Administrator of the Environmental Protection Agency and the
Secretary of the Army may enter into an agreement with an
interested party under which that party provides in kind or
monetary contributions for the study.
``(5) Technical assistance.--The Great Lakes Environmental
Research Laboratory of the National Oceanic and Atmospheric
Administration shall provide technical assistance to appropriate
entities to assist in the research conducted pursuant to this
subsection.''.
(4) Implementation.--Section 1202(j)(1) (16 U.S.C.
4722(j)(1)) is amended by striking ``Not later than 18 months
after the date of the enactment of this Act, the Director'' and
inserting ``The Director, the Secretary,''.
(5) Regional Coordination.--Section 1203 (16 U.S.C. 4723) is
amended--
(A) by striking the section heading and inserting
the following:
``SEC. 1203. REGIONAL COORDINATION.'';
(B) in subsection (a)--
(i) by striking ``(a) In General.--Not'' and
inserting the following:
``(a) Great Lakes Panel.--
``(1) In general.--Not'';
(ii) by striking ``(1) identify'' and
inserting the
following:
[[Page 110 STAT. 4088]]
``(A) identify'';
(iii) by striking ``(2) make'' and inserting
the
following:
``(B) make'';
(iv) by striking ``(3) assist'' and inserting
the
following:
``(C) assist'';
(v) by striking ``(4) coordinate'' and
inserting the following:
``(D) coordinate'';
(vi) by striking ``(5) provide'' and inserting
the following:
``(E) provide'';
(vii) by striking ``(6) submit'' and inserting
the following:
``(F) submit'';
(viii) in paragraph (1), as so redesignated--
(I) in the matter preceding
subparagraph (A), by inserting
``region'' before ``representatives'';
and
(II) in subparagraphs (A) through
(F), by
striking ``Great Lakes'' each place it
appears and inserting ``Great Lakes
region'';
(C) by striking ``(b) Consultation.--The Task
Force'' and inserting the following:
``(2) Consultation.--The Task Force'';
(D) by striking ``(c) Canadian Participation.--The
panel'' and inserting the following:
``(3) Canadian participation.--The panel'';
(E) in paragraphs (2) and (3) of subsection (a), as
so redesignated, by striking ``this section'' and
inserting ``this subsection''; and
(F) by adding at the end the following new
subsections:
``(b) Western Regional Panel.--Not later than 30 days after the date
of enactment of the National Invasive Species Act of 1996, the Task
Force shall request a Western regional panel, comprised of Western
region representatives from Federal, State, and local agencies and from
private environmental and commercial interests, to--
``(1) identify priorities for the Western region with
respect to aquatic nuisance species;
``(2) make recommendations to the Task Force regarding an
education, monitoring (including inspection), prevention, and
control program to prevent the spread of the zebra mussel west
of the 100th Meridian pursuant to section 1202(i) of this Act;
``(3) coordinate, where possible, other aquatic nuisance
species program activities in the Western region that are not
conducted pursuant to this Act;
``(4) develop an emergency response strategy for Federal,
State, and local entities for stemming new invasions of aquatic
nuisance species in the region;
``(5) provide advice to public and private individuals and
entities concerning methods of preventing and controlling
aquatic nuisance species infestations; and
<<NOTE: Reports.>> ``(6) submit annually a report to the
Task Force describing activities within the Western region
related to aquatic nuisance species prevention, research, and
control.
[[Page 110 STAT. 4089]]
``(c) Additional Regional Panels.--The Task Force shall--
``(1) encourage the development and use of regional panels
and other similar entities in regions in addition to the Great
Lakes and Western regions (including providing financial
assistance for the development and use of such entities) to
carry out, with respect to those regions, activities that are
similar to the activities described in subsections (a) and (b);
and
``(2) cooperate with regional panels and similar entities
that carry out the activities described in paragraph (1).''.
(6) State or interstate watershed aquatic nuisance species
management plan.--Section 1204 (16 U.S.C. 4724) is amended--
(A) in subsection (a)--
(i) by striking the subsection designation and
heading and inserting the following:
``(a) State or Interstate Invasive Species Management Plans.--'';
(ii) in paragraph (1)--
(I) by striking the matter preceding
subparagraph (A) and inserting the
following:
``(1) In general.--After providing notice and opportunity
for public comment, the Governor of each State may prepare and
submit, or the Governors of the States and the governments of
the Indian tribes involved in an interstate organization, may
jointly prepare and submit--'';
(II) in subparagraph (A), by
striking ``technical and financial
assistance'' and inserting ``technical,
enforcement, or financial assistance (or
any combination thereof)''; and
(III) in subparagraphs (A) and (B),
by inserting ``or within the interstate
region involved'' after ``within the
State'' each place it appears;
(iii) in paragraph (2)--
(I) in subparagraph (B), by striking
``and'' at the end of the subparagraph;
(II) by redesignating subparagraph
(C) as subparagraph (D);
(III) by inserting after
subparagraph (B) the following:
``(C) identify any authority that the State (or any
State or Indian tribe involved in the interstate
organization) does not have at the time of the
development of the plan that may be necessary for the
State (or any State or Indian tribe involved in the
interstate organization) to protect public health,
property, and the environment from harm by aquatic
nuisance species; and''; and
(IV) in subparagraph (D), as so
redesignated, by inserting ``, and
enabling legislation'' before the
period;
(iv) in paragraph (3)--
(I) in subparagraph (A)--
(aa) by inserting ``or
interstate organization'' after
``the State''; and
(bb) by inserting ``Indian
tribes,'' after ``local
governments and regional
entities,''; and
[[Page 110 STAT. 4090]]
(II) in subparagraph (B), by
inserting ``or the appropriate official
of an interstate organization'' after
``a State''; and
(v) in paragraph (4), by inserting ``or the
interstate organization'' after ``the Governor'';
(B) in subsection (b)(1)--
(i) by striking ``or the Assistant Secretary,
as appropriate under subsection (a),''; and
(ii) by striking ``approved management plans''
and inserting ``management plans approved under
subsection (a)''; and
(C) by adding at the end the following new
subsection:
``(c) Enforcement Assistance.--Upon request of a State or Indian
tribe, the Director or the Under Secretary, to the extent allowable by
law and in a manner consistent with section 141 of title 14, United
States Code, may provide assistance to a State or Indian tribe in
enforcing an approved State or interstate invasive species management
plan.''.
(f) Authorizations of Appropriations.--Section 1301 (16 U.S.C. 4741)
is amended--
(1) in subsection (a)--
(A) by striking ``and'' at the end of paragraph (2);
(B) by striking paragraph (3) and inserting the
following:
``(3) to the Secretary to carry out section 1101--
``(A) $2,000,000 for each of fiscal years 1997 and
1998; and
``(B) $3,000,000 for each of fiscal years 1999
through 2002;''; and
(C) by adding at the end the following new
paragraphs:
``(4) for each of fiscal years 1997 through 2002, to carry
out paragraphs (1) and (2) of section 1102(b)--
``(A) $1,000,000 to the Department of the Interior,
to be used by the Director; and
``(B) $1,000,000 to the Secretary; and
``(5) for each of fiscal years 1997 through 2002--
``(A) $3,000,000, which shall be made available from
funds otherwise authorized to be appropriated if such
funds are so authorized, to the Under Secretary to carry
out section 1102(e); and
``(B) $500,000 to the Secretary to carry out section
1102(f).'';
(2) in subsection (b)--
(A) in the matter preceding paragraph (1), by
striking ``1991, 1992, 1993, 1994, and 1995'' and
inserting ``1997 through 2002''; and
(B) by striking paragraphs (1) through (7) and
inserting the following:
``(1) $6,000,000 to the Department of the Interior, to be
used by the Director to carry out sections 1202 and 1209;
``(2) $1,000,000 to the Department of Commerce, to be used
by the Under Secretary to carry out section 1202;
``(3) $1,625,000, which shall be made available from funds
otherwise authorized to be appropriated if such funds are so
authorized, to fund aquatic nuisance species prevention and
control research under section 1202(i) at the Great Lakes
Environmental Research Laboratory of the National Oceanic
[[Page 110 STAT. 4091]]
and Atmospheric Administration, of which $500,000 shall be made
available for grants, to be competitively awarded and subject to
peer review, for research relating to Lake Champlain;
``(4) $5,000,000 for competitive grants for university
research on aquatic nuisance species under section 1202(f)(3) as
follows:
``(A) $2,800,000, which shall be made available from
funds otherwise authorized to be appropriated if such
funds are so authorized, to fund grants under section
205 of the National Sea Grant College Program Act (33
U.S.C. 1124);
``(B) $1,200,000 to fund grants to colleges for the
benefit of agriculture and the mechanic arts referred to
in the first section of the Act of August 30, 1890 (26
Stat. 417, chapter 841; 7 U.S.C. 322); and
``(C) $1,000,000 to fund grants through the
Cooperative Fisheries and Wildlife Research Unit Program
of the United States Fish and Wildlife Service;
``(5) $3,000,000 to the Department of the Army, to be used
by the Assistant Secretary to carry out section 1202(i)(1)(B);
and
``(6) $300,000 to the Department of the Interior, to be used
by the Director to fund regional panels and similar entities
under section 1203, of which $100,000 shall be used to fund
activities of the Great Lakes Commission.'';
(3) by striking subsection (c) and inserting the following:
``(c) Grants for State Management Programs.--There are authorized to
be appropriated for each of fiscal years 1997 through 2002 $4,000,000 to
the Department of the Interior, to be used by the Director for making
grants under section 1204, of which $1,500,000 shall be used by the
Director, in consultation with the Assistant Secretary, for management
of aquatic nuisance vegetation species.''; and
(4) by adding at the end the following new subsections:
``(e) Ballast Water Management Demonstration
Program.--There are authorized to be appropriated $2,500,000 to carry
out section 1104.
``(f) Research.--There are authorized to be appropriated to the
Director $1,000,000 to carry out research on the prevention, monitoring,
and control of aquatic nuisance species in Narragansett Bay, Rhode
Island. The funds shall be made available for use by the Department of
Environmental Management of the State of Rhode Island.''.
(g) References to Appropriate Committees.--The Act (16 U.S.C. 4701
et seq.) is amended by striking ``appropriate Committees'' each place it
appears and inserting ``Congress''.
(h) Technical Corrections.--Public Law 101-646 (16 U.S.C. 4701 et
seq.) is amended--
<<NOTE: 16 USC 4701, 941; 33 USC 2761.>> (1) in titles I,
II, and IV, by striking the quotation marks at the beginning of
any title, subtitle, section, subsection,
paragraph, subparagraph, clause, subclause, or undesignated
provision;
(2) at the end of titles II and IV, by striking the closing
quotation marks and the final period; and
<<NOTE: 16 USC 4702.>> (3) in section 1003--
(A) by striking each single opening quotation mark
and inserting double opening quotation marks; and
[[Page 110 STAT. 4092]]
(B) by striking each single closing quotation mark
and inserting double closing quotations marks.
<<NOTE: 16 USC 4701 note.>> SEC. 3. STATUTORY CONSTRUCTION.
Nothing in this Act or the amendments made by this Act is intended
to affect the authorities and responsibilities of the Great Lakes
Fishery Commission established under article II of the Convention on
Great Lakes Fisheries between the United States of America and Canada,
signed at Washington on September 10, 1954 (hereafter in this section
referred to as the ``Convention''), including the authorities and
responsibilities of the Great Lakes Fishery Commission--
(1) for developing and implementing a comprehensive
program for eradicating or minimizing populations of sea
lamprey in the Great Lakes watershed; and
(2) carrying out the duties of the Commission specified in
the Convention (including any amendment thereto) and the Great
Lakes Fishery Act of 1956 (16 U.S.C. 931 et seq.).
Approved October 26, 1996.
LEGISLATIVE HISTORY--H.R. 4283:
---------------------------------------------------------------------------
CONGRESSIONAL RECORD, Vol. 142 (1996):
Sept. 28, considered and passed House.
Oct. 3, considered and passed Senate.
WEEKLY COMPILATION OF PRESIDENTIAL DOCUMENTS, Vol. 32 (1996):
Oct. 26, Presidential statement.
<all>