Requires the Task Force to recommend to appropriate Federal agencies additions to the list of aquatic invasive species.
Requires the Task Force, the Council, and the Secretary of State to coordinate activities to ensure that international efforts to prevent and manage aquatic invasive species are coordinated with U.S. policies.
Establishes minimum invasive species prevention requirements for all vessels entering U.S. ports. Requires the Secretary of the department in which the Coast Guard is operating to promulgate regulations for ballast water management standards and certification procedures.
Directs the Task Force to publish a priority pathway management program.
Prohibits the importation of live aquatic organisms not in trade without specified screening and approval.
Requires the Assistant Secretary of the Army for Civil Works, with the concurrence of the Administrator of the Environmental Protection Agency, to construct and maintain a national dispersal barrier program to contain and control aquatic nuisances.
Declares that a State with a rapid response contingency strategy shall be eligible to receive emergency funding to implement rapid response measures for aquatic invasive species under specified circumstances.
Requires the Task Force, with concurrence of the Council, to encourage the development of regional rapid response contingency strategies and develop a State model for such.
Requires the Council, in coordination with the Task Force and the heads of the appropriate Federal agencies, to establish a Federal rapid response team for the ten regions of the Standard Federal Regional Boundary System.
Requires the Task Force to establish a national subcommittee on nutria.
Provides for expansion of the Brown Tree Snake Control Program and Aquatic Nuisance Species Program information, education and outreach activities.
[Congressional Bills 107th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5396 Introduced in House (IH)]
107th CONGRESS
2d Session
H. R. 5396
To amend the Nonindigenous Aquatic Nuisance Prevention and Control Act
of 1990 to reauthorize and improve that Act.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
September 18, 2002
Mr. Gilchrest (for himself, Mr. Ehlers, Mr. Baird, Mr. Hoekstra, Mr.
Scott, Mr. Kirk, Mr. Baldacci, Mr. Allen, Ms. Baldwin, Mr. Barcia, Mr.
Bonior, Ms. Brown of Florida, Mr. Brown of Ohio, Mr. Camp, Mr. Cardin,
Mr. Cummings, Mr. Dicks, Mr. Ehrlich, Mr. English, Mr. Farr of
California, Mr. Greenwood, Ms. Kaptur, Mr. Kildee, Ms. Kilpatrick, Mr.
Kind, Mr. Kucinich, Mr. LaTourette, Mr. Levin, Mr. McHugh, Mrs.
Morella, Ms. Rivers, Mr. Rogers of Michigan, Ms. Slaughter, Mr. Stupak,
Mrs. Biggert, Mr. Pallone, Mr. Blumenauer, Mr. Underwood, Mrs. Maloney
of New York, Mr. Ortiz, Mr. Upton, and Ms. McCollum) introduced the
following bill; which was referred to the Committee on Transportation
and Infrastructure, and in addition to the Committee on Resources, for
a period to be subsequently determined by the Speaker, in each case for
consideration of such provisions as fall within the jurisdiction of the
committee concerned
_______________________________________________________________________
A BILL
To amend the Nonindigenous Aquatic Nuisance Prevention and Control Act
of 1990 to reauthorize and improve that Act.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``National Aquatic
Invasive Species Act of 2002''.
(b) Table of Contents.--The table of contents of this Act is as
follows:
Sec. 1. Short title; table of contents.
Sec. 2. Findings.
Sec. 3. Definitions.
TITLE I--AQUATIC INVASIVE SPECIES MANAGEMENT
Sec. 101. Program coordination.
Sec. 102. Federal consistency.
Sec. 103. International coordination.
Sec. 104. Prevention of introduction of aquatic invasive species into
waters of the United States by vessels.
Sec. 105. Prevention of the introduction of aquatic invasive species
into waters of the United States by other
pathways.
Sec. 106. Early detection and monitoring.
Sec. 107. Containment and control.
Sec. 108. Brown tree snake control program.
Sec. 109. Information, education, and outreach.
TITLE II--AUTHORIZATION OF APPROPRIATIONS
Sec. 201. Authorization of appropriations.
TITLE III--CONFORMING AMENDMENTS
Sec. 301. Conforming amendments.
SEC. 2. FINDINGS.
Congress finds that--
(1) invasive species can cause devastating declines in
local, regional, and national species diversity;
(2) aquatic invasive species continue to be introduced into
water of the United States;
(3) aquatic invasive species damage infrastructure, disrupt
commerce, outcompete native species, reduce biodiversity, and
threaten human health;
(4) the direct and indirect costs of aquatic invasive
species to the economy of the United States amount to billions
of dollars per year;
(5) in the Great Lakes region, approximately $3,000,000,000
has been spent in the past 10 years to mitigate the damage
caused by a single invasive species, the zebra mussel;
(6) recent studies have--
(A) demonstrated that, in addition to economic
damage, invasive species can cause enormous ecological
damage; and
(B) cited invasive species as the second leading
threat to endangered species;
(7) over the past 200 years, the rate of detected marine
and freshwater invasions in North America has increased
exponentially;
(8) wetlands suffer compound impacts from--
(A) terrestrial infestations (such as Nutria);
(B) aquatic infestations (such as Hydrilla); and
(C) riparian infestations (such as Purple
Loosestrife);
(9) the rate of invasions continues to be unacceptable;
(10) infestations by aquatic invasive species often spread
and cause significant, negative regional, national, and
international effects;
(11) 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;
(12) to be effective, the prevention, early detection, and
control of and rapid response to aquatic invasive species
should be coordinated regionally, nationally, and
internationally;
(13) research underlies every aspect of detecting,
preventing, controlling, and eradicating invasive species,
educating citizens and stakeholders, and restoring ecosystems;
(14) pathway management is the most promising approach to
reducing unplanned introductions of aquatic invasive species;
(15) consistent national screening criteria are needed to
evaluate the potential risk of nonnative aquatic species;
(16) States and regions have specific problems with respect
to aquatic invasive species and resources for addressing
aquatic invasive species;
(17) an emphasis on research, development, and
demonstration to support prevention efforts would likely result
in a more cost-effective and successful approach to combating
invasive species through preventing initial introduction;
(18) research, development, and demonstration to support
prevention includes monitoring of pathways and ecosystems to
track the introduction and establishment of invasive species,
analysis of that data, and development and testing of
technologies to prevent introduction through known pathways;
(19) the Aquatic Invasive 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)) has been
directed by Congress to coordinate interagency responses to
aquatic invasive species, but the provision of additional
direction, and assignment of specific responsibilities, to
various Federal agencies would accelerate those responses; and
(20) it is in the interest of the United States to conduct
a comprehensive and thorough research, development, and
demonstration program on aquatic invasive species in order to
better understand how aquatic invasive species are introduced
and become established and to support efforts to prevent the
introduction and establishment of those species.
SEC. 3. DEFINITIONS.
Section 1003 of the Nonindigenous Aquatic Nuisance Prevention and
Control Act of 1990 (16 U.S.C. 4702) is amended to read as follows:
``SEC. 1003. DEFINITIONS.
``In this Act:
``(1) Administrator.--The term `Administrator' means the
Administrator of the Environmental Protection Agency.
``(2) Aquatic ecosystems in the united states.--The term
`aquatic ecosystems in the United States' means freshwater,
marine, and estuarine environments (including inland waters and
wetlands), located wholly or in part, in the United States.
``(3) Assistant secretary.--The term `Assistant Secretary'
means the Assistant Secretary of the Army for Civil Works.
``(4) Ballast water.--The term `ballast water' means any
water (with its suspended matter) used to maintain the trim and
stability of a vessel.
``(5) Coastal voyage.--The term `coastal voyage' means a
voyage conducted entirely within the exclusive economic zone.
``(6) Control.--The term `control' means--
``(A) the eradication, suppression, reduction, or
management of an aquatic invasive species population;
``(B) the containment of spread of an aquatic
invasive species; and
``(C) any action taken, such as restoration of
native species or habitat--
``(i) to reduce the effects of an aquatic
invasive species; and
``(ii) to prevent further invasions by the
aquatic invasive species.
``(7) Director.--The term `Director' means the Director of
the United States Fish and Wildlife Service.
``(8) Environmentally sound.--The term `environmentally
sound', when used in reference to any activity or thing, refers
to an activity or thing that prevents introductions, or
controls infestations, of aquatic invasive species in a manner
that--
``(A) minimizes adverse effects on--
``(i) the structure and function of an
ecosystem; and
``(ii) nontarget organisms and ecosystems;
and
``(B) emphasizes the use of integrated pest
management techniques.
``(9) Exclusive economic zone.--The term `exclusive
economic zone' means the area comprised of--
``(A) the Exclusive Economic Zone of the United
States established by Proclamation Number 5030, dated
March 10, 1983; and
``(B) the equivalent zones of Canada and Mexico.
``(10) Great lake.--The term ``Great Lake'' means--
``(A) Lake Erie;
``(B) Lake Huron (including Lake Saint Clair);
``(C) Lake Michigan;
``(D) Lake Ontario;
``(E) Lake Superior;
``(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).
``(11) 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.
``(12) Hydrographically distinct zones.--The term
`hydrographically distinct zones' means contiguous coastal
areas in which (as determined by the Task Force) there is the
potential for the movement of organisms, both through natural
pathways and a multiplicity of anthropogenic means, such that
the dispersal of most native organisms may not be significantly
altered by the movement of vessels alone.
``(13) Indian tribe.--The term `Indian tribe' has the
meaning given the term in section 4 of the Indian Self-
Determination and Education Assistance Act (25 U.S.C. 450b).
``(14) Interbasin waterway.--The term `interbasin waterway'
means a waterway that connects 2 distinct water basins.
``(15) International joint commission.--The term
`International Joint Commission' means the commission
established by article VII of the Treaty relating to boundary
waters and questions arising along the boundary between the
United States and Canada, signed at Washington on January 11,
1909 (36 Stat. 2448; TS 548).
``(16) Interstate organization.--The term `interstate
organization' means an entity that--
``(A) is established by--
``(i) an interstate compact approved by
Congress;
``(ii) an Act of Congress; or
``(iii) an international agreement to which
the United States is a party;
``(B)(i) represents 2 or more--
``(I) States (or political subdivisions of
States); or
``(II) Indian tribes;
``(ii) represents--
``(I) 1 or more States (or political
subdivisions of States); and
``(II) 1 or more Indian tribes; or
``(iii) represents the Federal Government and 1 or
more foreign governments; and
``(C) has jurisdiction over, serves as a forum for
coordinating, or otherwise has a role or responsibility
for the management of, any land or other natural
resource.
``(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) Invasive species council.--The term `Invasive
Species Council' means the interagency council established by
section 3 of Executive Order No. 13112 (42 U.S.C. 4321 note).
``(21) New source.--The term `new source' means any source
of nonnative species that may be introduced by construction
that is commenced after the publication of a proposed
regulation prescribing a standard of performance under this Act
that is applicable to the source, if the standard is
subsequently promulgated in accordance with this Act.
``(22) Nonindigenous species.--The term `nonindigenous
species' means any species that enters an ecosystem outside the
historic range of the species.
``(23) Organism in trade.--The term `organism in trade'
means an organism of a species or subspecies that has a
documented history of being commercially imported during the
period beginning on January 1, 1990, and ending on January 1,
2002.
``(24) Organism transfer.--The term `organism transfer'
means the movement of an organism of any species from 1
ecosystem to another ecosystem.
``(25) Pathway.--The term `pathway' means 1 or more routes
by which an invasive species is transferred from 1 ecosystem to
another.
``(26) Pilot scale test.--The term `pilot scale test' means
a test--
``(A) that is conducted at less than full-scale;
but
``(B) the results of which can potentially be
extrapolated to the full scale.
``(27) Planned importation.--The term `planned importation'
means the purposeful movement of a species into the territorial
limits of the United States.
``(28) Regional panel.--The term `regional panel' means a
panel convened in accordance with section 1203.
``(29) Secretary.--The term `Secretary' means the Secretary
of the department in which the Coast Guard is operating.
``(30) Species.--The term `species' means--
``(A) a fundamental category of taxonomic
classification, ranking below a genus or subgenus, and
consisting of related organisms capable of
interbreeding; and
``(B) any viable biological material, as determined
by the Task Force.
``(31) Task force.--The term `Task Force' means the Aquatic
Invasive Species Task Force established by section 1201(a).
``(32) Territorial sea.--The term `territorial sea' means
the belt of the sea measured from the baseline of the United
States determined in accordance with international law, as set
forth in Presidential Proclamation Number 5928, dated December
27, 1988.
``(33) Treatment.--The term `treatment' means a mechanical,
physical, chemical, biological, or other process or method of
killing, removing, or rendering infertile, harmful organisms.
``(34) Type approval.--The term `type approval' means an
approval procedure under which a type of system is certified as
meeting a standard established by law (including a regulation)
for a particular application.
``(35) Under secretary.--The term `Under Secretary' means
the Under Secretary of Commerce for Oceans and Atmosphere.
``(36) Undesirable impact.--The term `undesirable impact'
means economic, aesthetic, or environmental degradation that is
not necessary for, and is not clearly outweighed by, public
health, environmental, or welfare benefits.
``(37) Waters of the united states.--
``(A) In general.--The term `waters of the United
States' means the navigable waters and territorial sea
of the United States.
``(B) Inclusion.--The term `waters of the United
States' includes the Great Lakes.''.
TITLE I--AQUATIC INVASIVE SPECIES MANAGEMENT
SEC. 101. 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 (10); 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; and''.
(b) Coordination With 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) Invasive species council.--The Invasive Species
Council shall--
``(A) coordinate and cooperate with the Task Force
in carrying out the duties of the 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 2002, 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) 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.''.
(d) Organizations.--Section 1203 of the Nonindigenous Aquatic
Nuisance Prevention and Control Act of 1990 (16 U.S.C. 4723) (as
amended by subsection (c)) is amended by adding at the end the
following:
``(e) Organizations.--An interstate organization that has a Federal
charter authorized by law, interstate agreement, or executive order for
purposes of fisheries or natural resource management may receive funds
under this Act to implement activities authorized under this Act.''.
(e) 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 under
the Lacey Act Amendments of 1981 (16 U.S.C.
3371 et seq.);
``(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)); or
``(iii) any list of species of wildlife
under part 16 of title 50, 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).''.
(f) 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--
(1) in paragraph (1), by inserting ``(including tribal
governments within a State)'' after ``Indian tribes'';
(2) in paragraph (2)--
(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 response contingency strategies
under section 1211;
``(ii) early detection strategies under
section 1211(a)(2)(D);
``(iii) aquatic plant control programs
under section 1210; and
``(iv) screening of planned introductions
pursuant to section 1105''; and
(B) in subparagraph (D), by inserting ``include''
after ``(D)''; and
(3) by adding at the end the following:
``(5) Guidelines.--
``(A) In general.--Not later than 1 year after the
date of enactment of the National Aquatic Invasive
Species Act of 2002, the Task Force shall publish in
the Federal Register guidelines 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;
``(ii) early detection and monitoring
strategies;
``(iii) aquatic plant control programs;
``(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 any Federal agency of jurisdiction to enforce
requirements relating to aquatic invasive species
under--
``(i) 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)); or
``(ii) part 16 of title 50, Code of Federal
Regulations (or any successor regulations).
``(7) Review and revision.--Each State shall periodically
review and, as necessary, revise the management plan of the
State in accordance with guidelines of the Task Force.
``(8) 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.''.
(g) 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. 102. FEDERAL CONSISTENCY.
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'';
and
(2) by adding at the end the following:
``SEC. 1402. FEDERAL CONSISTENCY.
``To the maximum extent practicable, no Federal agency shall
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 Federal agency has issued
guidelines in accordance with applicable requirements of Executive
Order 13112 (42 U.S.C. 4321 note) relating to invasive species under
which the Federal agency first determines, and makes public the
determination, that--
``(1) the benefits of the action to be authorized, funded,
or carried out clearly outweigh the potential harm caused by
the introduction or spread of an invasive species; and
``(2) all feasible and prudent measures to minimize risk of
harm will be taken in carrying out the actions.''.
SEC. 103. INTERNATIONAL COORDINATION.
Subtitle E of the Nonindigenous Aquatic Nuisance Prevention and
Control Act of 1990 (16 U.S.C. 4751 et seq.) (as amended by section
102) is amended by adding at the end the following:
``SEC. 1403. INTERNATIONAL COORDINATION.
``(a) In General.--The Task Force, the Invasive Species Council,
and the Secretary of State shall, to the maximum extent practicable,
coordinate activities to ensure that international efforts to prevent
and manage 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.--
``(A) In general.--As soon as practicable after the
date of enactment of the National Aquatic Invasive
Species Act of 2002, the Secretary of State may enter
into negotiations with--
``(i) 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 and agreements;
``(II) an analysis of 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 the policies
referred to in clause (i); and
``(ii) 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. 104. 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--
(1) by striking subsection (a) and inserting the following:
``(a) Minimum Requirements for All Vessels Entering Ports of the
United States.--
``(1) Invasive species management plan.--
``(A) In general.--Effective beginning on the date
that is 180 days after the promulgation of applicable
guidelines or regulations under the National Aquatic
Invasive Species Act of 2002, each vessel entering a
port of the United States shall have in effect an
aquatic invasive species management plan that
prescribes safe and effective means by which the master
of the vessel shall minimize introductions and
transfers of invasive species by any part of the vessel
(including towed vessels), pursuant to the guidelines
or regulations.
``(B) Specificity.--The management plan shall be
specific to the vessel (or group of vessels with
characteristics similar to that of the vessel, as
determined by the Secretary).
``(C) Requirements.--The management plan shall
include, at a minimum, such information as is requested
by the Secretary pursuant to subparagraph (D),
including--
``(i) operational requirements to safely
and effectively comply with the ballast water
management requirements under paragraph (4);
``(ii) operational requirements to safely
and effectively carry out any actions required
under a rapid response contingency strategy
approved by the Secretary under section 1211;
``(iii) other requirements specified in
guidelines adopted by the International
Maritime Organization;
``(iv) a description of all reporting
requirements and a copy of each form necessary
to meet those requirements;
``(v) the position of the officer
responsible for implementation of ballast water
management and reporting procedures on board;
``(vi) documents relevant to any ballast
water management equipment or procedures;
``(vii) a description of the location of
access points for sampling ballast or sediments
pursuant to paragraph (3)(B)(vi);
``(viii) a description of requirements
relating to compliance with any approved rapid
response strategy relevant to the voyage of the
vessel;
``(ix) a contingency strategy applicable
under subsection (k), if appropriate; and
``(x) such requirements described in
subsection (e) as are applicable to the vessel.
``(D) Guidelines.--Not later than 18 months after
the date of enactment of the National Aquatic Invasive
Species Act of 2002, 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 2002, the Secretary shall promulgate
best management practices to minimize and monitor the
transfer by vessels of organisms between
hydrographically distinct zones.
``(B) Practices to be included.--The best
management practices shall include--
``(i) regular removal or purging of
sediments from ballast tanks in the open ocean
(or in other areas in accordance with
guidelines adopted by the International
Maritime Organization) so that there is little
or no sediment accumulation in ballast tanks of
transoceanic vessels;
``(ii) minimization of ballast water
operations--
``(I) in areas with toxic algal
blooms, known outbreaks of aquatic
invasive species, and sewage outfalls;
``(II) in darkness, when bottom-
dwelling organisms may rise in the
water column;
``(III) in areas with naturally
high levels of suspended sediments
(including river mouths and deltas);
``(IV) in areas that have been
affected significantly by soil erosion
from inland drainage); and
``(V) in areas in which sediments
have been disturbed (including areas
near dredging operations and areas of
shallow water in which the propellers
of a vessel may have disturbed the
sediment);
``(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 disposal of debris from the
cleaning of the hull, sea chests, sea suction
grids, and other hull apertures so that the
debris does not remain in the water or fall to
the seabed;
``(v)(I) at the time at which an anti-
fouling coating is applied, coating of greater
than 95 percent of the surface of the hull that
is exposed to water below the water line; and
``(II) reapplication of anti-fouling paint
prior to coating failure on any part of the
vessel to which an anti-fouling coating is
applied; and
``(vi) provision of sample access ports in
ballast piping for sampling of ballast intake
and discharge.
``(4) Design features and treatment systems for new
vessels.--A vessel of which construction begins on or after
January 1, 2006, shall be equipped with design features and
ballast water treatment systems that meet, at a minimum--
``(A) the standards described in subsection
(e)(1)(B)(ii); or
``(B) on promulgation of final standards pursuant
to subsection (e)(2)(A), such final standard as is
applicable to the vessel.'';
(2) in subsection (b), by adding at the end the following:
``(5) Additional requirements for vessels entering great
lakes after operating outside the eez.--
``(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 2002, the Secretary
shall--
``(i) review and revise regulations
promulgated under this section; and
``(ii) promulgate the revised regulations.
``(B) Contents.--The revised regulations shall
include--
``(i) requirements under subsections (a)
and (e) (as amended by that Act); and
``(ii) such other provisions as are
necessary to improve the effectiveness of the
program under this Act to prevent introductions
of aquatic invasive species into the Great
Lakes.'';
(3) by striking subsections (c) through (f) and subsection
(h);
(4) by redesignating subsection (g) as subsection (h);
(5) by inserting after subsection (b) the following:
``(c) Additional Requirements for Vessels Entering United States
Ports After Operating Outside EEZ.--
``(1) In general.--Effective beginning on the date that is
18 months after the date of enactment of the National Aquatic
Invasive Species Act of 2002, in addition to complying with
applicable requirements under subsection (a) and except as
provided in subsection (e)(2)(B)(v), each vessel equipped with
a ballast water tank that, after operating on the waters beyond
the exclusive economic zone, enters a United States port, other
than a United States port on the Great Lakes, shall comply with
the regulations promulgated under paragraph (2).
``(2) Regulations.--Not later than 18 months after the date
of enactment of the National Aquatic Invasive Species Act of
2002, the Secretary shall promulgate, with the concurrence of
the Administrator, regulations to implement this subsection
that--
``(A) ensure, to the maximum extent practicable,
that aquatic invasive species are not discharged into
waters of the United States from vessels, including
through requirements consistent with interim and final
standards issued under paragraph (1)(B)(ii) or (2) of
subsection (e), as applicable;
``(B) apply to all vessels described in paragraph
(1);
``(C) protect the safety of--
``(i) each vessel; and
``(ii) the crew and passengers of each
vessel;
``(D) direct a vessel described in paragraph (1)--
``(i) to carry out the exchange of ballast
water of the vessel in waters beyond the
exclusive economic zone in accordance with the
standards and certification procedures
promulgated under subsection (e);
``(ii) in a case in which the master of the
vessel determines that compliance with clause
(i) is impracticable, to exchange the ballast
water of the vessel in other waters in which
the exchange does not pose a threat of invasion
or spread of nonindigenous species in waters of
the United States, as designated by the
Secretary; or
``(iii) use environmentally sound
alternative ballast water management methods,
including modification of the vessel ballast
water tanks and intake systems, if the
Secretary determines that such alternative
methods are in accordance with standards and
certification procedures promulgated under
subsection (e);
``(E) provide for in-line sampling procedures of
ballast piping to monitor compliance with the
regulations;
``(F) take into consideration--
``(i) vessel types;
``(ii) variations in the ecological
conditions of waters and coastal areas of the
United States; and
``(iii) different operating conditions; and
``(G) are based on the best scientific information
available.
``(d) Additional Requirement for Vessels Engaged in Coastal
Voyages.--
``(1) In general.--A vessel engaged in a coastal voyage
shall minimize the introduction and spread of an aquatic
invasive species between hydrographically distinct zones in a
manner that is consistent with limitations and requirements on
transoceanic voyages imposed under the final standard
promulgated and applied under subsection (e)(2).
``(2) Designation of hydrographically distinct zones.--Not
later than 18 months after the date of enactment of the
National Aquatic Invasive Species Act of 2002, and periodically
thereafter but not less frequently than once every 3 years, the
Task Force shall, based on available research and monitoring
data and in consultation with regional panels of the Task
Force, with the concurrence of the Secretary, designate
hydrographically distinct zones for purposes of this Act.
``(e) Ballast Water Management Standards and Certification
Procedures.--
``(1) Interim standards.--
``(A) In general.--Not later than 1 year after the
date of enactment of the National Aquatic Invasive
Species Act of 2002, the Secretary, with the
concurrence of the Administrator and in consultation
with the Task Force, shall promulgate regulations
establishing interim standards indicating acceptable--
``(i) operational performance for ballast
water exchange (including contingency
procedures in instances in which a safety
exemption is used pursuant to subsection (k));
and
``(ii) biological effectiveness of ballast
water treatment systems (including onshore
facilities and facilities on board vessels).
``(B) Requirements.--
``(i) Ballast water exchange.--The interim
standard for ballast water exchange described
in subparagraph (A) shall require--
``(I) at least 1 empty-and-refill
cycle on the high sea or in an
alternative exchange area designated by
the Secretary, of each ballast tank
that contains ballast water to be
discharged into waters of the United
States;
``(II) in a case in which the
master of a vessel determines that
compliance with subclause (I) is
impracticable, a sufficient number of
flow-through exchanges of ballast
water, on the high sea or in an
alternative exchange area designated by
the Secretary, to achieve replacement
of at least 95 percent of ballast water
in ballast tanks of the vessel, as
determined by a certification dye study
conducted or model developed in
accordance with protocols developed
under paragraph (5)(B)(i) and recorded
in the management plan of a vessel
pursuant to subsection (a)(1)(C)(i);
and
``(III) an approved contingency
procedure using best practicable
technology in instances in which a
ballast water exchange is not
undertaken pursuant to subsection (k).
``(ii) Ballast system design and water
treatment systems.--The interim standard for a
ballast water system design and treatment
system described in subparagraph (A) shall
require that at least 95 percent of each of the
live aquatic vertebrates, invertebrates,
phytoplankton, and macroalgae, respectively, in
ballast water taken in by a vessel or class of
vessels be killed or removed from ballast
discharge in the qualified type approved
process promulgated under paragraph (5)(B)(ii)
``(iii) Criteria; period of
effectiveness.--The interim standards described
in clauses (i) and (ii) shall--
``(I) meet occupational safety and
environmental soundness criteria
described in paragraph (6); and
``(II) cease to apply on the
effective date of final standards
developed pursuant to subsection
(e)(2).
``(2) Final standards.--
``(A) In general.--Not later than 4 years after the
date of enactment of the National Aquatic Invasive
Species Act of 2002, the Secretary and the
Administrator, in consultation with the Task Force,
shall promulgate final standards for ballast water
discharge and other vessel operations determined to
pose a significant risk to the environment through the
introduction of nonnative species.
``(B) Requirements.--The final standards shall--
``(i) result from application of the best
available technology that is economically
achievable for--
``(I) the applicable category or
class of vessels; and
``(II) the new source or existing
source status;
``(ii) have the goal of eliminating the
risk of introduction into waters of the United
States by vessels of nonnative species,
including plant, animal, and human pathogens;
``(iii) consider findings of scientific and
policy research, including research conducted
pursuant to title II, particularly section 203;
``(iv) apply to all methods of ballast
water management and system design, including--
``(I) ballast water exchange;
``(II) ballast water treatment
systems; and
``(III) other vessel operations
determined to pose a significant risk
to the environment through the
introduction of nonnative organisms;
``(v) be measurable;
``(vi) be reviewed and, as appropriate,
revised not less often than every 3 years
pursuant to subsection (g)(1);
``(vii) meet occupational safety and
environmental soundness criteria described in
paragraph (6); and
``(viii) apply beginning not later than
October 1, 2011.
``(3) Experimental approval for ballast water treatment.--
``(A) In general.--Subject to subparagraph (B), if,
before the date on which the Secretary promulgates
interim ballast water management standards under
paragraph (1), an owner or operator of a vessel seeks
to conduct a treatment of ballast water--
``(i) the owner or operator shall apply to
the Secretary for experimental approval of the
treatment; and
``(ii) the Secretary shall approve the
treatment if--
``(I) the owner or operator
provides to the Secretary peer-
reviewed, pilot-scale information
relating to the effectiveness and
environmental soundness of the
treatment;
``(II) the Secretary and the
Administrator, in consultation with the
Task Force (including relevant regional
panels, and the Ballast Water and
Shipping Committee, of the Task Force),
determine that the technology to be
used for the treatment has significant
potential to kill or remove at least 95
percent of the aquatic vertebrates,
invertebrates, phyto-plankton, and
macro algae, respectively, in ballast
water taken in by the class of vessel
for which the treatment is sought to be
conducted; and
``(III) the Administrator
determines that the treatment meets
environmental regulations.
``(B) Limitations.--
``(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 (A) shall be for the
lesser of--
``(I) a period of 10 years or the
expected life of the treatment system,
whichever is earlier; or
``(II) such period of time for
which the Secretary or Administrator
(as appropriate) determines that (based
on available information, including
information developed pursuant to
clause (iii)) there exists a serious
deficiency in performance or
environmental soundness of the system
relative to anticipated performance or
environmental soundness.
``(iii) Information.--As a condition of
receiving experimental approval for a treatment
under subparagraph (A)(ii), the owner or
operator of a vessel shall agree to collect and
report such information regarding the
operational and biological effectiveness of the
treatment through sampling of the intake and
discharge ballast as the Secretary may request.
``(iv) Renewal.--An experimental approval
may be renewed pursuant to paragraph
(7)(B)(ii)(III).
``(4) Incentives for use of treatment systems.--
``(A) In general.--The Secretary and the
Administrator shall assist owners or operators of
vessels that seek to obtain experimental or interim
approval for installation of ballast water treatment
systems, including through providing guidance on--
``(i) a sampling protocol and test program
for cost effective treatment evaluation;
``(ii) sources of sampling equipment and
field biological expertise; and
``(iii) examples of shipboard evaluation
studies.
``(B) Preference.--The Secretary of the Interior
and the Secretary of Commerce shall give preference to
grant applications submitted under section 1104(b) for
research relative to tests on vessels of treatment
systems that have received approval for ballast water
treatment under paragraphs (1) and (3).
``(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
(3).
``(5) Certification process.--
``(A) In general.--Not later than the date on which
interim standards are promulgated under paragraph (1)
and final standards are promulgated under paragraph
(2), the Secretary shall establish, with the
concurrence of the Administrator, a certification
process for use in determining compliance of vessels
with the standards.
``(B) Requirements.--In carrying out subparagraph
(A), the Secretary shall establish by regulation--
``(i) a certification protocol for ballast
water exchange involving dye studies or models
detailing flow dynamics of vessels described in
paragraph (1)(B)(i)(II); and
``(ii) a shipboard protocol for qualified
type approval of ballast water treatment
systems for the interim and final standards
described in paragraphs (1) and (2) that--
``(I) is capable of determining the
extent to which a ballast water
treatment system complies with
applicable standards for the prevention
of the transfer of aquatic organisms,
including limitations on that
compliance caused by--
``(aa) biological,
chemical, or physical
conditions of water taken into
ballast; and
``(bb) conditions
encountered during a voyage;
``(II) is capable of determining
the extent to which a ballast water
treatment system--
``(aa) is environmentally
sound, based on criteria
promulgated by the
Administrator under paragraph
(6)(A);
``(bb) is safe for vessel
and crew; and
``(cc) complies with this
Act;
``(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) may include a shore-based
testing component;
``(V) is applicable to a specific
vessel or group of vessels, as
determined by the Secretary;
``(VI) includes such limitations as
are appropriate;
``(VII) provides for appropriate
monitoring; and
``(VIII) is cost effective.
``(6) 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.--
``(i) In general.--In reviewing
applications under paragraph (7)(B)(i)(I) in an
emergency situation to achieve reductions in
significant and acute risk of transfers of invasive species by vessels,
the Secretary and the Administrator may jointly determine to make an
exception to criteria described in subparagraph (A)(i).
``(ii) Qualification of approvals.--To be
eligible for an exception under clause (i), an
approval under paragraph (7)(B)(i)(I) shall be
qualified under paragraph (7)(B)(ii).
``(7) Application.--
``(A) In general.--The owner or operator of a
ballast water treatment system shall submit to the
Secretary and the Administrator an application for
qualified type approval of the ballast water treatment
system that is in such form and contains such
information as the Secretary may require.
``(B) Approval and disapproval.--
``(i) In general.--On receipt of an
application under subparagraph (A)--
``(I) the Administrator shall, not
later than 90 days after the date of
receipt of the application--
``(aa) review the
application for compliance and
consistency with environmental
soundness criteria promulgated
under paragraph (6)(A); and
``(bb) approve those
ballast water treatment systems
that meet those criteria; and
``(II) the Secretary, in
cooperation with the Task Force, shall,
not later than 180 days after the date
of receipt of the application--
``(aa) determine whether
the ballast water treatment
system covered by the
application meets the
requirements of this
subsection, as appropriate;
``(bb) approve or
disapprove the application; and
``(cc) provide the
applicant written notice of
approval or disapproval.
``(ii) Limitations.--An application
approved under clause (i) shall--
``(I) be qualified with any
limitations relating to voyage pattern,
duration, or any other characteristic
that may affect the effectiveness or
environmental soundness of the ballast
water treatment system covered by the
application, as determined by the
Secretary in consultation with the
Administrator;
``(II) be valid for the lesser 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 subsection
(e)(3)B(iii)) there exists a
serious deficiency in
performance or environmental
soundness of the system
relative to anticipated
performance or environmental
soundness; and
``(III) 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.
``(8) Penalties.--Paragraphs (1) and (2) of subsection (h)
shall apply to a violation of a regulation promulgated under
this subsection.
``(f) Coordination With Other Agencies.--The Secretary may
coordinate with, and (with consent) use 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) Periodic Review and Revision, and Effective Date, of
Regulations.--
``(1) Periodic review and revision.--
``(A) In general.--Not later than 3 years after the
date of enactment of the National Aquatic Invasive
Species Act of 2002, 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 in accordance
with criteria developed by the Task Force under
subparagraph (C))--
``(i) assess the compliance by vessels with
regulations promulgated under this section;
``(ii) assess the effectiveness of the
regulations referred to in clause (i) in
reducing the introduction and spread of aquatic
invasive species by vessels; and
``(iii) as necessary, on the basis of the
best scientific information available--
``(I) revise the regulations
referred to in clause (i); and
``(II) promulgate additional
regulations.
``(B) 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, the Secretary shall (with the concurrence of
the Administrator)--
``(i) conduct a special review of
regulations in accordance with subparagraph
(A); and
``(ii) as necessary, in the same manner as
provided under subparagraph (A)(iv)--
``(I) revise those guidelines; or
``(II) promulgate additional
regulations.
``(C) Criteria for effectiveness.--Not later than 1
year after the date of enactment of the National
Aquatic Invasive Species Act of 2002, 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.
``(2) International regulations.--
``(A) In general.--The Secretary shall revise
regulations promulgated under this subsection as
necessary to ensure that the regulations relating to
any matter are consistent with the treatment of the
matter in any international agreement to which the
United States is a party that governs management of the
transfer by vessel of aquatic nonindigenous species.
``(B) Limitation.--The revisions carried out
pursuant to subparagraph (A) shall not lessen the
protectiveness of the overall program established under
this Act.'';
(6) in subsection (h) (as redesignated by paragraph (4))--
(A) in the first sentence of paragraph (1), by
striking ``$25,000'' and inserting ``$50,000''; and
(B) in paragraph (4)(B), by inserting ``,
contingency requirements under subsection (k),'' after
``recordkeeping'';
(7) by striking subsection (k) and inserting the following:
``(k) Safety Exemption.--
``(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 pursuant to regulations
promulgated under subsection (e)(1)(B)(iii)).''; and
(8) by adding at the end the following:
``(m) Applicability; Effect on Other Law.--Nothing in this section
or any regulation promulgated under this section supersedes or
otherwise affects any requirement or prohibition relating to the
discharge of ballast water under the Federal Water Pollution Control
Act (33 U.S.C. 1251 et seq.).
``(n) Continuity of Regulations and Great Lakes Program.--
``(1) Regulations.--Until such time as regulations are
promulgated to implement the amendments made by the National
Aquatic Invasive Species Act of 2002, regulations shall remain
in effect as of the date of enactment of that Act.
``(2) Great lakes program.--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.''.
(b) 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.'';
and
(2) in subsection (a)--
(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.--Subject to
operational conditions, the Secretary of Defense, in
consultation with the Secretary, the Task Force, and the
International Maritime Organization, shall implement a towed
vessel management program for Department of Defense vessels to
minimize the risk of introductions of aquatic invasive species
through hull and associated hull aperture transfers by towed
vessels.
``(3) Reports.--Not later than 3 years after the date of
enactment of the National Aquatic Invasive Species Act of 2002,
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 paragraph (2).''.
(c) Conforming Amendments.--
(1) Section 1101(g) of the Nonindigenous Aquatic Nuisance
Prevention and Control Act of 1990 (16 U.S.C. 4711(g)) is
amended by striking ``under subsection (b) of (f)'' each place
it appears and inserting ``under this section''.
(2) 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(b)''.
(3) 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(c)''.
SEC. 105. PREVENTION OF THE INTRODUCTION OF AQUATIC INVASIVE SPECIES
INTO WATERS OF THE UNITED STATES BY OTHER PATHWAYS.
(a) 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 18
months after the date of enactment of the National Aquatic Invasive
Species Act of 2002, and every 3 years thereafter, the Task Force, in
coordination with the Invasive Species Council and in consultation with
representatives of States, industry, and other interested parties,
shall, based on pathway surveys conducted under title II and other
available research relating to the rates of introductions in waters of
the United States--
``(1) publish for public review and comment a system for
identifying and evaluating the relative risk of pathways of the
introductions;
``(2) identify any pathways that, according to that system,
pose the highest risk for introductions, both nationally and on
a region-by-region basis;
``(3) develop recommendations for management strategies for
those high-risk pathways; and
``(4) 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 title II.
``(b) Management of High Priority Pathways.--Not later than 3 years
after the date of enactment of the National Aquatic Invasive Species
Act of 2002, the Task Force shall, to the maximum extent practicable,
implement the strategies described in subsection (a)(3).''.
(b) Screening Process for Planned Importations of Live Aquatic
Organisms.--Subtitle B of the Nonindigenous Aquatic Nuisance Prevention
and Control Act of 1990 (16 U.S.C. 4711 et seq.) is amended by adding
at the end the following:
``SEC. 1105. SCREENING PROCESS FOR PLANNED IMPORTATIONS OF LIVE AQUATIC
ORGANISMS.
``(a) In General.--Not later than 30 months after the date of
enactment of the National Aquatic Invasive Species Act of 2002, no live
aquatic organism not in trade shall be imported into the United States
without screening and approval in accordance with subsections (c) and
(d).
``(b) Guidelines.--
``(1) In general.--Not later than 30 months after the date
of enactment of the National Aquatic Invasive Species Act of
2002, in consultation with regional panels convened under
section 1203, States, tribes, and other stakeholders, the
Invasive Species Council (in conjunction with the Task Force)
shall promulgate guidelines for screening proposed planned
importations of live aquatic organisms into the United States
that include--
``(A) guidelines for minimum information
requirements for determinations under subsection (c);
and
``(B) guidelines for a simplified notification
procedure for any additional shipments of organisms
that may occur after completion of an initial screening
process and determination under subsection (c).
``(2) Purpose.--The purpose of the screening process shall
be to prevent the establishment of aquatic invasive species in
waters of the United States and contiguous waters of Canada and
Mexico.
``(3) Factors.--In developing guidelines under this
subsection and reviewing and revising the guidelines under
subsection (i), the Invasive Species Council and the Task Force
shall consider--
``(A) the likelihood of the spread of organisms by
human or natural means;
``(B) organisms that may occur in association with
the organism planned for importation; and
``(C) regional differences.
``(c) Categories.--The screening process shall require the
identification (to at least the genus level) of live aquatic organisms
and shall designate--
``(1) species with high or moderate probability of
undesirable impacts to areas within the boundaries of the
United States and contiguous areas of neighboring countries, to
which the organism is likely to spread; and
``(2) species with insufficient information to determine
the risk category based on guidelines issued pursuant to
section 1105(b)(1)(B).
``(d) Evaluation.--
``(1) In general.--Not later than 180 days after the date
of promulgation of guidelines under subsection (b), in
consultation with regional panels convened under section 1203,
States, tribes, and other stakeholders, a Federal agency with
authority over an importation into the United States of a live
organism not in trade (other than through this Act) shall
screen the organism in accordance with guidelines promulgated
under subsection (b).
``(2) Delegation and authority.--If no agency has authority
described in paragraph (1) or an agency delegates the screening
to the Director under subsection (g), the Director shall screen
the organisms in accordance with subsections (a) and (b).
``(3) Multiple jurisdiction.--If more than 1 agency has
jurisdiction over the importation of a live organism, the
agencies shall conduct only 1 screening process in accordance
with an agreement of the agencies, except that the Secretary of
Agriculture shall have sole responsibility for screening
cultured aquatic organisms.
``(e) Requirements.--A Federal agency of jurisdiction, or the
Director under subsection (a)(2), shall--
``(1) restrict or prohibit the importation into the United
States from outside the United States of any species that is
described in subsection (c)(1);
``(2) prohibit the importation of any species described in
subsection (c)(2), unless the importation is for the sole
purpose of research that is conducted in accordance with
section 1202(f)(2); and
``(3) make a determination under this subsection not later
than 60 days after receiving a request for permission to import
a live aquatic species.
``(f) Screening Requirements.--The Director shall promulgate
screening requirements consistent with the guidelines promulgated under
subsection (b) to evaluate any planned live aquatic species importation
(including an importation carried out by a Federal agency) from outside
the borders of the United States into waters of the United States that
is--
``(1) not otherwise subject to Federal authority to permit
the importation; or
``(2) delegated to the Director by another agency of
jurisdiction under subsection (g).
``(g) Delegation to Director.--Any agency with authority over the
planned importation of a live aquatic organism may delegate to the
Director the screening process carried out under this section.
``(h) Catalog of Organisms in Trade.--Not later than 1 year after
the date of enactment of the National Aquatic Invasive Species Act of
2002, the Director of the United States Geological Survey and the
Director of the Smithsonian Environmental Research Center, in
cooperation with agencies with jurisdiction over planned importations
of live organisms, shall--
``(1) develop a catalog of organisms in trade; and
``(2) include the list in the information provided to the
public pursuant to section 1102(f).
``(i) Funds for State and Interstate Implementation of Screening
Process.--Each State that implements a screening process for movements
of live organisms, into and within the State, that is consistent with
the Federal screening process established under this section, as part
of the State invasive species management plan approved under section
1204(a), shall be eligible to receive a grant under section 1204(b) for
the implementation of the screening process.
``(j) Review and Revision.--
``(1) In general.--At least once every 3 years, the
Council, in conjunction with the Task Force, shall use research
on early detection and monitoring under section 1106, among
other information sources, to review and revise to the
screening, guidelines, and process carried out under this
section.
``(2) Report.--The Invasive Species Council shall include
in its report to Congress required pursuant to section
1201(f)(2)(B)--
``(A) an evaluation of the effectiveness of the
screening processes carried out under this section; and
``(B) recommendations for revisions of the
processes.
``(k) Penalties.--Paragraphs (1) and (2) of section 1101(h) shall
apply to a violation of this section.
``(l) Fees.--The head of any agency that has jurisdiction over a
planned importation of a live organism subject to screening under this
Act may increase the amount of any appropriate fee that is charged
under an authority of law to offset the cost of any screening process
carried out under this section.
``(m) Information.--A Federal agency conducting a screening process
under this section shall make the results of the process available to
the public (including international organizations).''.
SEC. 106. EARLY DETECTION AND MONITORING.
Subtitle B of the Nonindigenous Aquatic Nuisance Prevention and
Control Act of 1990 (16 U.S.C. 4711 et seq.) (as amended by section
105(b)) is amended by adding at the end the following:
``SEC. 1106. EARLY DETECTION AND MONITORING.
``(a) Early Detection.--
``(1) In general.--Not later than 18 months after the date
of enactment of the National Aquatic Invasive Species Act of
2002, in conjunction with the Council, the Task Force shall
develop (based on the standard protocol for early detection
surveys developed under title II), publish for public comment,
and promulgate a set of sampling protocols, a geographic plan,
and budget to support a national system of ecological surveys
to rapidly detect recently-established aquatic invasive species
in waters of the United States.
``(2) Contents.--The protocols, plan, and budget shall, at
a minimum--
``(A) address a diversity of water bodies of the
United States (including inland and coastal waters);
``(B) encourage State, local, port, and tribal
participation in monitoring;
``(C) balance scientific rigor with practicability,
timeliness, and breadth of sampling activity;
``(D) provide for the identification of possible
pathways causing or influencing distribution of newly-
detected populations of harmful aquatic organisms;
``(E) include a capacity to evaluate the impacts of
permitted importations screened by the processes
established under section 1105; and
``(F) include clear lines of communication with
appropriate Federal, State, and regional rapid response
authorities.
``(3) Implementation.--Not later than 2 years after the
date of enactment of the National Aquatic Invasive Species Act
of 2002, the Director of the United States Fish and Wildlife
Service, the Administrator of the National Oceanic and
Atmospheric Administration, and the Administrator (in
consultation with the Invasive Species Council and in
coordination with other agencies) shall implement a national
system of ecological surveys that is--
``(A) carried out in cooperation with State, local,
port, tribal authorities, and other non-Federal
entities (likes colleges and universities);
``(B) based on the protocols, plan, and budget
published under subsection (a)(1) and any public
comment.
``(b) List of Potential Invaders.--
``(1) In general.--Not later than 180 days after the date
of enactment of the National Aquatic Invasive Species Act of
2002, and annually thereafter, the Task Force (building on
prior efforts to create lists, to the maximum extent
practicable) shall publish a list that identifies, based on
research (including research conducted under title II)--
``(A) aquatic invasive species not yet introduced
into waters of the United States that are likely to be
introduced into waters of the United States unless
preventative measures are taken; and
``(B) the likely pathways for introduction of the
species and transfer of the species.
``(2) Use.--The Task Force shall use the list to inform and
make recommendations regarding enforcement, voluntary actions,
early detection, monitoring, pathway management, rapid response
planning, and screening efforts.
``(3) Public availability.--The Task Force shall--
``(A) make the list available to the public on the
Internet pursuant to section 1202(h)(4)(D); and
``(B) in conjunction with the Invasive Species
Council, include the list in the report under section
1201(f)(2)(B).
``(4) Exchange of information.--The Task Force shall
exchange information on invasive species with interested
agencies, States, Indian tribes, international organizations
(such as the International Council for the Exploration of the
Sea), and other stakeholder groups to assist in efforts to
prevent and detect introductions.''.
SEC. 107. CONTAINMENT AND CONTROL.
(a) National Dispersal Barrier Program.--
(1) In general.--Section 1202 of the Nonindigenous Aquatic
Nuisance Prevention and Control Act of 1990 (16 U.S.C. 4722) is
amended--
(A) by redesignating subsections (j) and (k) as
subsections (l) and (m), respectively;
(B) by inserting after subsection (i) the
following:
``(j) National Dispersal Barrier Program.--
``(1) Chicago river ship and sanitary canal dispersal
barrier project.--
``(A) In general.--The Assistant Secretary, with
the concurrence of the Administrator, shall complete
construction of, and maintain, the Chicago River Ship
and Sanitary Canal dispersal barrier project.
``(B) Consultation.--Subparagraph (A) shall be
carried out in consultation with--
``(i) the Task Force;
``(ii) the Great Lakes Aquatic Nuisance
Species Panel;
``(iii) the Great Lakes Fishery Commission;
``(iv) the Upper Mississippi River Basin
Association;
``(v) the Illinois Natural History Survey;
``(vi) the Mississippi Interstate
Cooperative Resources Association;
``(vii) the city of Chicago;
``(viii) local water and power authorities;
and
``(ix) other appropriate entities.
``(C) Construction of barrier.
``(i) In general.--Not later than 1 year
after the date of enactment of the National
Aquatic Invasive Species Act of 2002, the
Assistant Secretary, with the concurrence of
the Administrator, shall complete construction
of and maintain the Chicago River Ship and
Sanitary Canal dispersal barrier project.
``(ii) Required elements of project.--The
completed project under clause (i) shall
include--
``(I) additions to the existing
dispersal barrier, including--
``(aa) backup power;
``(bb) a research vessel
launching crane;
``(cc) replacement
electrodes;
``(dd) other barrier
elements, as available and
appropriate;
``(ee) an acoustic
monitoring system; and
``(ff) emergency egress
system; and
``(II) construction of a second
long-service life dispersal barrier.
``(D) Operation of barrier.--Not later than 1 year
after the date of enactment of the National Aquatic
Invasive Species Act of 2002, the Assistant Secretary
shall operate and maintain the Chicago River Ship and
Sanitary Canal dispersal barrier project.
``(E) Feasibility study of chicago river ship and
sanitary canal.--
``(i) In general.--Not later than 3 years
after the date of enactment of the National
Aquatic Invasive Species Act of 2002, the
Assistant Secretary, in consultation with the
entities specified in subparagraph (B), shall
conduct a feasibility study, incorporating
information from the interbasin transfer
monitoring program under paragraph (2)(C) and
any relevant research, dispersal 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
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) to the maximum
extent practicable, 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; and
``(III) examine additional long-
term measures, including structural
modifications, needed to prevent the
spread of aquatic invasive species
through the Chicago River Ship and
Sanitary Canal.
``(2) Monitoring program.--
``(A) Establishment.--Not later than 1 year after
the date of enactment of the National Aquatic Invasive
Species Act of 2002, the Secretary of the Interior
(acting through the Director and in consultation with
the Task Force) shall establish a program to be known
as the `interbasin and intrabasin transfer monitoring
program' (referred to in this paragraph as the
`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;
``(ii) assess the efficacy of dispersal
barriers and other measures in preventing the
spread of aquatic invasive species through the
waterways specified in clause (i);
``(iii) identify waterways suitable for
dispersal barrier demonstration projects, in
addition to the waterways at which dispersal
barrier demonstration projects were carried out
before the date of enactment of the National
Aquatic Invasive Species Act of 2002;
``(iv) conduct a feasibility study of the
full range of options available to prevent the
spread of aquatic invasive species through the
Lake Champlain Canal;
``(v) build on and provide data to the
early detection and monitoring system
established pursuant to section 1106; and
``(vi) use information collected under
title II.
``(C) Reports.--
``(i) In general.--The Secretary of
Interior, acting through the Director, shall
make available to the public--
``(I) not later than 1 year after
the date of enactment of the National
Aquatic Invasive Species Act of 2002
and annually thereafter, a report that
contains the information described in
clauses (i) and (ii) of subparagraph
(B); and
``(II) not later than 2 years after
the date of enactment of the National
Aquatic Invasive Species Act of
2002 and biennially thereafter, a report that contains the information
described in clauses (iii) and (iv) of subparagraph (B).
``(ii) Report to congress.--Not later than
3 years after the date of enactment of the
National Aquatic Invasive Species Act of 2002,
the Assistant Secretary and the Director shall
jointly submit to Congress a report that
describes--
``(I) the efficacy of the Chicago
River Ship and Sanitary Canal dispersal
barrier project;
``(II) the results of the programs
conducted under paragraphs (2) and (3);
and
``(III) a plan to provide for
additional dispersal barrier
demonstration projects and further
research needs.
``(iii) Information.--The Invasive Species
Council, in conjunction with the Task Force,
shall include information described in
subparagraph (B) in the report of the Task
Force under section 1201(f)(2)(B).
``(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 aquatic invasive species.
``(4) Technical assistance.--The Great Lakes Environmental
Research Laboratory of the National Oceanic and Atmospheric
Administration shall provide technical assistance to
appropriate entities to assist in the research conducted under
this subsection.''.
(2) Conforming amendments.--
(A) Section 1202(i) of the Nonindigenous Aquatic
Nuisance Prevention and Control Act of 1990 (16 U.S.C.
4722(i)) is amended--
(i) by striking the subsection heading and
inserting the following:
``(i) Invasive Species Demonstration Program.--'';
(ii) by striking paragraph (3);
(iii) in paragraph (4), by striking
``studies under paragraphs (2) and (3)'' and
inserting ``study under paragraph (2)''; and
(iv) by redesignating paragraphs (4) and
(5) as paragraphs (3) and (4), respectively.
(B) Subsections (a)(1)(B) and (b)(2) of section
1203 of the Nonindigenous Aquatic Nuisance Prevention
and Control Act of 1990 (16 U.S.C. 4723) are amended by
striking ``section 1202(i) of this Act'' each place it
appears and inserting ``subsections (i) and (j) of
section 1202''.
(b) Improvement of Treatment Methods for Aquatic Invasive
Species.--Section 1202 of the Nonindigenous Aquatic Nuisance Prevention
and Control Act of 1990 (16 U.S.C. 4722) (as amended by subsection
(a)(1)) is amended by inserting after subsection (j) the following:
``(k) Improvement of Treatment Methods for Aquatic Invasive
Species.--
``(1) Criteria to evaluate environmental soundness of
treatment methods.--
``(A) In general.--Not later than 18 months after
the date of enactment of the National Aquatic Invasive
Species Act of 2002, the Administrator, in consultation
and cooperation with the Secretary, the Invasive
Species Council, and the Task Force (including any
regional panels of the Task Force) shall promulgate
criteria to evaluate the treatment methods described in
subparagraph (B) for the purpose of ensuring that the
treatment methods pose no significant threat of adverse
effect on human health, public safety, or the
environment (including air quality and the aquatic
environment) that is acute, chronic, cumulative, or
collective.
``(B) Treatment methods.--The treatment methods
referred to in subparagraph (A) are all 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);
``(iii) the Director;
``(iv) the Assistant Secretary;
``(v) the Director of the National Marine
Fisheries Service; and
``(vi) relevant State agencies.
``(2) Publication of information on environmentally sound
treatment methods.--The Administrator, in consultation with the
Invasive Species Council, shall publish (not later than 1 year
after the date of enactment of the National Aquatic Invasive
Species Act of 2002) and update annually--
``(A) a list of environmentally sound treatment
methods that may apply to a potential aquatic invasive
species response effort;
``(B) accompanying research that supports the
environmental soundness of each approved treatment
method; and
``(C) explicit guidelines under which each
treatment method can be used in an environmentally
sound manner.
``(3) Reports.--The Invasive Species Council and Task Force
shall include the information described in paragraph (2) in the
reports submitted under section 1201(f)(2)(B).''.
(c) 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 103(a)) is amended by adding at the end
the following:
``SEC. 1211. RAPID RESPONSE.
``(a) State Rapid Response Contingency Strategies.--
``(1) Emergency funds for rapid response.--
``(A) In general.--A State that has in effect a
rapid response contingency strategy for invasive
species in the State that is approved under paragraph
(2) shall be eligible to receive emergency funding for
a period of 1 fiscal year to implement rapid response
measures for aquatic invasive species under the
strategy, subject to renewal, as determined by the
Secretary of the Interior and the Secretary in
accordance with paragraph (2).
``(B) Federal assistance.--If a Federal agency
carries out a rapid response measure under subparagraph
(A) on behalf of a State, the Federal agency shall
receive such emergency funding as would have been
awarded to the State to carry out the rapid response
measure.
``(2) Approval of rapid response contingency strategies.--
The Task Force, in consultation with the Invasive Species
Council, and, with respect to any vessels involved, the
Secretary, shall approve a State rapid response contingency
strategy described in subparagraph (A) if the strategy--
``(A) identifies all key governmental and
nongovernmental partners to be involved in carrying out
the strategy;
``(B) clearly designates the authorities and
responsibilities of each partner, including the
authority of any State or government of an Indian tribe
to distribute emergency funds;
``(C) specifies criteria for rapid response
measures, including a diagnostic system that--
``(i) distinguishes cases in which rapid
response has a likelihood of success and cases
in which rapid response has no likelihood of
success;
``(ii) distinguishes rapid response
measures from ongoing management and control of
established populations of aquatic invasive
species; and
``(iii) distinguishes instances in which
the rate and probability of organism dispersal
is significantly altered by vessel movements;
``(D) includes an early detection strategy that
supports or complements the early detection and
monitoring system developed under section 1106;
``(E) provides for a monitoring capability to
assess--
``(i) the extent of infestations; and
``(ii) the effectiveness of rapid response
efforts;
``(F) to the maximum extent practicable, is
integrated into the State aquatic invasive species
management plan approved under section 1204;
``(G) does not use any rapid response tools that do
not meet environmental criteria developed under
subsection (e)(4);
``(H) includes a public education and outreach
component directed at--
``(i) potential pathways for spread of
aquatic invasive species; and
``(ii) persons involved in industries and
recreational activities associated with those
pathways; and
``(I) to the extent that the strategy involves
vessels, conforms with guidelines issued by the
Secretary under subsection (c)(2).
``(b) Regional Rapid Response Contingency Strategies.--The Task
Force, with the concurrence of the Invasive Species Council and in
consultation with the regional panels of the Task Force established
under section 1203, shall encourage the development of regional rapid
response contingency strategies that--
``(1) provide a consistent and coordinated approach to
rapid response; and
``(2) are approved by--
``(A) the Secretary; and
``(B) the Governors and Indian tribes having
jurisdiction over areas within a region.
``(c) Model Rapid Response Contingency Strategies.--Not later than
18 months after the date of enactment of the National Aquatic Invasive
Species Act of 2002--
``(1) the Task Force, with the concurrence of the Invasive
Species Council and the regional panels of the Task Force
established under section 1203, shall develop--
``(A) a model State rapid response contingency
strategy for aquatic invasive species; and
``(B) a model regional rapid response contingency
strategy for aquatic invasive species; and
``(2) the Secretary shall issue guidelines for the
inclusion of vessel-related requirements into a rapid response
contingency strategy, including specific requirements for
strategy provisions that may be approved under subsection
(a)(2)(J).
``(d) Cost Sharing.--
``(1) State rapid response contingency strategies.--The
Federal share of the cost of activities carried out under a
State rapid response contingency strategy approved under
subsection (a) shall be 50 percent.
``(2) Regional rapid response contingency strategies.--The
Federal share of the cost of activities carried out under a
regional rapid response contingency strategy approved under
subsection (b) shall be 75 percent.
``(e) Federal Rapid Response Teams.--
``(1) Establishment of teams.--Not later than 1 year after
the date of enactment of the National Aquatic Invasive Species
Act of 2002, the Invasive Species Council, in coordination with
the Task Force and the heads of appropriate Federal agencies,
shall establish a Federal rapid response team for each of the
10 Federal regions that comprise the Standard Federal Regional
Boundary System.
``(2) Duties of teams.--Each Federal rapid response team
shall, at a minimum--
``(A) implement rapid eradication or control
responses for newly detected aquatic invasive species
on Federal and tribal land;
``(B) carry out, or assist in carrying out, rapid
responses for newly detected aquatic invasive species
on non-Federal land at the request of a State, Indian
tribe, or group of States or Indian tribes, with a
rapid response contingency strategy approved under
subsection (a) or (b);
``(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 2002, the Task Force, with the concurrence of the Invasive
Species Council, shall develop criteria to identify cases of
rapid response warranting Federal assistance under this
subsection, including criteria relating to, at a minimum--
``(A) the extent to which infestations of aquatic
invasive species may be managed successfully by rapid
response;
``(B) the extent to which rapid response efforts
may differ from ongoing management and control; and
``(C) the extent to which infestations of
nonindigenous aquatic invasive species are considered
to be an acute or chronic threat to--
``(i) biodiversity of native fish and
wildlife;
``(ii) habitats of native fish and
wildlife; or
``(iii) human health.
``(4) Environmental criteria.--Not later than 1 year after
the date of enactment of the National Aquatic Invasive Species
Act of 2002, the Administrator, in consultation with the
Invasive Species Council, the Secretary of Transportation, the
Task Force (including regional panels of the Task Force
established under section 1203), the Director, and the Director
of the National Marine Fisheries Service, shall develop
environmental criteria to minimize nontarget environmental
impacts of rapid responses carried out pursuant to this
section.
``(f) National Nutria Control Program.--
``(1) In general.--Not later than 180 days after the date
of enactment of the National Aquatic Invasive Species Act of
2002, the Task Force shall establish a national subcommittee on
nutria composed of representatives of--
``(A) the United States Fish and Wildlife Service;
``(B) the United States Geological Survey;
``(C) State fish and wildlife agencies in States
affected by nutria; and
``(D) nonprofit and commercial interests in nutria
and the impact of nutria on native habitat and species.
``(2) Proposal for nutria control.--Not later than 1 year
after the date of enactment of the National Aquatic Invasive
Species Act of 2002, the subcommittee shall--
``(A) report to the Task Force on actions taken to
carry out this subsection;
``(B) draft a proposal for--
``(i) nutria control guidelines; and
``(ii) support, criteria, and processes for
grants to promote State and regional
partnership efforts to control nutria in
accordance with the guidelines; and
``(C) submit the proposal to the Task Force for
approval, including a recommendation to the Task Force
on national priority tasks and resources required to
carry out the proposal.
``(3) Other duties.--In addition to the responsibilities
described in paragraph (2), the subcommittee shall--
``(A) oversee and coordinate implementation of
approved national priority tasks relating to nutria
control;
``(B) review State and regional partnership grant
proposals and make recommendations to the Task Force on
making grants to carry out the proposals; and
``(C) carry out additional duties assigned to the
subcommittee by the Task Force (including a co-
chairperson of the Task Force).''.
SEC. 108. BROWN TREE SNAKE CONTROL PROGRAM.
Section 1209 of the Nonindigenous Aquatic Nuisance Prevention and
Control Act of 1990 (16 U.S.C. 4728) is amended to read as follows:
``SEC. 1209. BROWN TREE SNAKE CONTROL PROGRAM.
``(a) In General.--The Task Force and the Invasive Species Council
shall support the continuation and expansion of a regionally-based
comprehensive, environmentally sound program, conducted in coordination
with territories and possessions of the United States, States, and
political subdivisions, to control the brown tree snake on Guam, the
Commonwealth of the Northern Mariana Islands, the State of Hawaii, and
other areas in which the brown tree snake is, or may become,
established outside of the historic range of the brown tree snake.
``(b) Components.--The program shall include--
``(1) the expansion of Federal and territorial control
programs on Guam that reduce the undesirable impact of the
brown tree snake on Guam and reduce the risk of spread to areas
in which the snake is not established;
``(2) the expansion of existing control programs in the
Commonwealth of the Northern Mariana Islands and the State of
Hawaii, including the establishment of interagency rapid
response teams to assist local governments with detecting brown
tree snakes and incipient brown tree snake populations in areas
in which brown tree snakes are not established;
``(3) product-oriented research based on control program
needs, including projects to reduce the number of brown tree
snakes on Guam and an analysis of pathways for brown tree snake
introduction into areas in which the species is not
established;
``(4) the appointment of a coordinator by the Invasive
Species Council to provide oversight and direction over Federal
actions dealing with brown tree snake control; and
``(5) the continuation of the Brown Tree Snake Control
Committee, which shall--
``(A) be chaired by the coordinator; and
``(B) meet annually to plan and coordinate ongoing
brown tree snake control activities on a regional and
national level.''.
SEC. 109. 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:
``(2) Activities.--
``(A) In general.--The programs carried out under
paragraph (1) shall include the activities described in
this paragraph.
``(B) Public outreach.--
``(i) Public warnings.--Not later than 180
days after the date of enactment of the
National Aquatic Invasive Species Act of 2002,
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 2002, the Under Secretary (in
consultation with the States, relevant industry
groups, and Indian tribes) shall develop a
concerted 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 nonnative 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 2002,
develop (in consultation with industry
and other affected parties) guidelines
for proper disposal of live nonnative
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 2002, the Task
Force shall develop an 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, including the Lewis and Clark
Bicentennial Expedition.
``(3) Outreach to industry.--The Task Force, in conjunction
with the 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, and pet trade
industries with screening, monitoring, and control of the
transportation of aquatic invasive species.
``(4) Public access to monitoring information.--The Task
Force, in consultation with the Smithsonian Environmental
Research Center, the Invasive Species Council, and other
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
sections 1211(a)(2) and 1211(c); and
``(D) the list of potential invaders under section
1106(c).''.
TITLE II--AUTHORIZATION OF APPROPRIATIONS
SEC. 201. 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 2003 through 2007.
``(b) Task Force and Aquatic Nuisance Species Program.--There are
authorized to be appropriated for each of fiscal years 2003 through
2007--
``(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 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;
``(4) $1,000,000, to be used by the Director to carry out
section 1105(f); and
``(5) $6,000,000, to be used by the Secretary of the
Interior to carry out section 1209.
``(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 2003 through 2007.
``(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 2003 through 2007--
``(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 2003 through
2007--
``(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 Invasive Species
Council to establish screening guidelines under section
1105(b); and
``(3) $3,500,000, to be used by the Director to promulgate
and implement screening requirements under section 1105(f).
``(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 2003 and 2004 and $10,000,000 for each of fiscal years
2005 through 2007, of which--
``(1) for each of fiscal years 2003 and 2004--
``(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 2005 through 2007--
``(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 2003 through 2007--
``(A) $300,000, to be used by the Assistant
Secretary in carrying out operation and maintenance of
the Chicago River Canal Dispersal Barrier under section
1202(j)(1);
``(B) $1,800,000, to be used by the Assistant
Secretary in carrying out the complete construction of
the Chicago River Canal Dispersal Barrier;
``(C) $8,000,000, to be used by the Assistant
Secretary for the construction of a second long-service
life barrier for the Chicago River Canal;
``(D) $500,000, to be used by the Assistant
Secretary to carry out a feasibility study for the
construction described in subparagraph (C); and
``(E) $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 2003 through 2007--
``(A) $25,000,000, to the rapid response fund of
the Secretary of the Interior established under section
1211;
``(B) $1,000,000, to be used by the 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(e), 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 2003 through
2007.
``(4) National nutria control program.--There is authorized
to be appropriated to the Director to carry out the national
nutria control program under section 1211(f) $3,000,000 for
each of fiscal years 2003 through 2007.
``(h) Information, Education and Outreach.--There are authorized to
be appropriated for each of fiscal years 2003 through 2007--
``(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).''.
TITLE III--CONFORMING AMENDMENTS
SEC. 301. CONFORMING AMENDMENTS.
(a) In General.--The Nonindigenous Aquatic Nuisance Prevention and
Control Act of 1990 is amended--
(1) in section 1101 (16 U.S.C. 4711), by striking the
section heading and inserting the following:
``SEC. 1101. PREVENTION OF INTRODUCTION OF AQUATIC INVASIVE SPECIES
INTO WATERS OF THE UNITED STATES BY VESSELS.'';
(2) 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
(B) in subsection (b)--
(i) by striking paragraph (1); and
(ii) by redesignating paragraphs (2) and
(3) as paragraphs (1) and (2), respectively;
(3) 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'';
(4) in section 1201(a) (16 U.S.C. 4721(a)), by striking
``Nuisance Species'' and inserting ``Invasive Species'';
(5) in section 1202 (16 U.S.C. 4722), by striking the
section heading and inserting the following:
``SEC. 1202. AQUATIC INVASIVE SPECIES PROGRAM.'';
(6) 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.'';
and
(7) by striking ``aquatic nuisance species'' each place it
appears and inserting ``aquatic invasive species''.
(b) Short Title.--
(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.
<all>
Introduced in House
Introduced in House
Referred to the Committee on Transportation and Infrastructure, and in addition to the Committee on Resources, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.
Referred to the Committee on Transportation and Infrastructure, and in addition to the Committee on Resources, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.
Referred to the Subcommittee on Fisheries Conservation, Wildlife and Oceans.
Joint Hearings Held by the Subcommittee on Fisheries Conservation, Wildlife and Oceans and by the Subcommittee on Environment, Technology and Standards of the House Science Committee.
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