Great Lakes Collaboration Implementation Act - Amends the Nonindigenous Aquatic Nuisance Prevention and Control Act of 1990 to: (1) require certain vessels operating in U.S. waters to have invasive species management plans; (2) direct the Secretary of Homeland Security to establish vessel performance requirements, including provisions for ballast water exchange, treatment, and discharge, and civil and criminal penalties for violations; (3) require federal agencies to restrict the importation of live aquatic organisms of species not in trade without screening and approval; and (4) declare importation of such species to be unlawful and prescribe civil and criminal penalties for violations.
Renames the Nonindigenous Aquatic Nuisance Prevention and Control Act of 1990 as the Nonindigenous Aquatic Invasive Species Prevention and Control Act of 1990.
National Invasive Species Council Act - Prohibits federal agencies from authorizing, funding, or carrying out any action that would promote the introduction or spread of invasive species unless the benefits of the action outweigh the harm. Establishes the National Invasive Species Council (NISC) as an independent entity in the executive branch to lead and coordinate efforts to minimize the negative effects caused by invasive species and to reduce the threat of further invasions. Requires NISC to develop a National Invasive Species Management Plan and to establish an Invasive Species Advisory Committee.
Reauthorizes and modifies the Great Lakes Fish and Wildlife Restoration Act of 1990.
Amends the Federal Water Pollution Control Act to: (1) authorize the Administrator of the Environmental Protection Agency (EPA) to provide funding for wastewater assistance to certain municipalities and small publicly-owned treatment works; (2) authorize states to provide additional subsidization to benefit certain municipalities or state agencies that already receive assistance from the water pollution control revolving fund or to implement certain alternative techniques; (3) replace each reference to "navigable waters of the United States" with a reference to "waters of the United States"; (4) require the Great Lakes National Program Office to provide grants to reduce the quantity of mercury in the Great Lakes; and (5) require the President include a joint Great Lakes research plan in the annual budget submitted to Congress.
Authorizes funding for the Great Lakes Environmental Research Laboratory. Requires the National Oceanic and Atmospheric Administration (NOAA) to provide grants for Great Lakes research and monitoring activities.
Requires: (1) the President, acting through the National Ocean Research Leadership Council, to establish a system that detects and predicts changes in the ocean, coastal, and Great Lakes environment that impact certain U.S. systems; and (2) the Council to establish an interagency program office to be known as OceanUS to be responsible for program planning and coordination of such system.
Amends the Federal Water Pollution Control Act to require the Program Office to develop specified science-based indicators of water quality and related environmental factors in the Great Lakes.
Authorizes the Secretary to: (1) provide financial assistance for certain restoration or remediation projects; and (2) restore and remediate waterfronts and related areas.
Establishes: (1) the Great Lakes Interagency Task Force, as established by Executive Order 13340, as a task force within EPA; (2) a Great Lakes Regional Collaboration Executive Committee to hold meetings and make recommendations and reports on Great Lakes restoration goals and progress; and (3) the Great Lakes Regional Collaboration to develop a restoration and protection strategy for use in Great Lakes program implementation and funding decisions, to serve as a forum for addressing regional issues relating to ecosystem restoration and protection of the Great Lakes, and to establish an oversight forum to coordinate and enhance implementation of Great Lakes programs.
Provides funding for a variety of Great Lakes programs.
[Congressional Bills 111th Congress]
[From the U.S. Government Printing Office]
[H.R. 500 Introduced in House (IH)]
111th CONGRESS
1st Session
H. R. 500
To establish a collaborative program to protect the Great Lakes, and
for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
January 14, 2009
Mr. Ehlers (for himself, Mr. Dingell, Mr. Kirk, Ms. Slaughter, Mr.
Levin, Mr. Kildee, Mr. Rogers of Michigan, Mr. Stupak, Mr. McCotter,
Mr. Peters, Mr. Hoekstra, Mr. Upton, Mr. Kucinich, Ms. Sutton, Ms.
Moore of Wisconsin, Ms. Baldwin, Ms. Schakowsky, Ms. Kaptur, Mr.
Sensenbrenner, Mr. Higgins, and Mr. Conyers) introduced the following
bill; which was referred to the Committee on Transportation and
Infrastructure, and in addition to the Committees on Natural Resources,
Science and Technology, and House Administration, 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 establish a collaborative program to protect the Great Lakes, and
for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``Great Lakes
Collaboration Implementation Act''.
(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--INVASIVE SPECIES PREVENTION
Subtitle A--National Aquatic Invasive Species
Chapter 1--Prevention of Introduction of Aquatic Invasive Species Into
Waters of the United States by Vessels
Sec. 101. Prevention of introduction of aquatic Invasive Species into
waters of the United States by vessels.
Sec. 102. Armed Services whole vessel management program.
Chapter 2--Prevention of the Introduction of Aquatic Invasive Species
by Other Pathways
Sec. 106. Priority pathway management program.
Sec. 107. Screening process for planned importations of live aquatic
organisms.
Chapter 3--Early Detection; Rapid Response; Control and Outreach
Sec. 111. Early detection.
Sec. 112. Rapid response.
Sec. 113. Environmental soundness.
Sec. 114. Information, education, and outreach.
Chapter 4--Coordination
Sec. 116. Program coordination.
Sec. 117. International coordination.
Chapter 5--Authorization of Appropriations
Sec. 121. Authorization of appropriations.
Chapter 6--Conforming Amendments
Sec. 126. Conforming amendments.
Subtitle B--Aquatic Invasive Species Research
Sec. 141. Findings.
Sec. 142. Definitions.
Sec. 143. Coordination and implementation.
Sec. 144. Ecological and pathway research.
Sec. 145. Analysis.
Sec. 146. Dissemination.
Sec. 147. Technology development, demonstration, and verification.
Sec. 148. Research to support the setting and implementation of ship
pathway standards.
Sec. 149. Research in systematics and taxonomy.
Sec. 150. State programs.
Subtitle C--Invasive Species Council
Sec. 161. Short title.
Sec. 162. Statement of policy regarding Federal duties.
Sec. 163. National Invasive Species Council.
Sec. 164. Duties.
Sec. 165. National Invasive Species Management Plan.
Sec. 166. Invasive Species Advisory Committee.
Sec. 167. Budget crosscut.
Sec. 168. Definitions.
Sec. 169. Existing Executive Order.
Sec. 170. Authorization of appropriations.
TITLE II--COASTAL HEALTH
Sec. 201. Technical assistance.
Sec. 202. Sewer overflow control grants.
Sec. 203. Water pollution control revolving loan funds.
Sec. 204. Allotment of funds.
Sec. 205. Authorization of appropriations.
TITLE III--AREAS OF CONCERN
Sec. 301. Great Lakes.
TITLE IV--CLEAN WATER AUTHORITY
Sec. 401. Definition of waters of the United States.
Sec. 402. Conforming amendments.
TITLE V--TOXIC SUBSTANCES
Sec. 501. Mercury reduction grants.
TITLE VI--INDICATORS AND INFORMATION
Subtitle A--Research Program
Sec. 601. Research reauthorizations.
Sec. 602. Great Lakes Environmental Research Laboratory.
Sec. 603. Great Lakes Science Center.
Sec. 604. Center for sponsored coastal ocean research.
Subtitle B--Ocean and Coastal Observation System
Sec. 611. Definitions.
Sec. 612. Integrated ocean and coastal observing system.
Sec. 613. Research, development, and education.
Sec. 614. Interagency financing.
Sec. 615. Application with Outer Continental Shelf Lands Act.
Sec. 616. Authorization of appropriations.
Sec. 617. Reporting requirement.
Subtitle C--Great Lakes Water Quality Indicators and Monitoring
Sec. 621. Great Lakes water quality indicators and monitoring.
TITLE VII--SUSTAINABLE DEVELOPMENT
Sec. 701. Waterfront restoration and remediation projects.
Sec. 702. Authority of Secretary to restore and remediate waterfront
and related areas.
Sec. 703. Authorization of appropriations.
TITLE VIII--COORDINATION AND OVERSIGHT
Sec. 801. Definitions.
Sec. 802. Great Lakes Interagency Task Force.
Sec. 803. Executive Committee.
Sec. 804. Great Lakes Regional Collaboration.
SEC. 2. FINDINGS.
Congress finds that--
(1) the Great Lakes, with about 20 percent of the Earth's
fresh surface water, is a treasure of global significance,
supporting drinking water for millions of people, providing for
commerce, and providing recreation for people from across the
Nation and around the world;
(2) renewed efforts and investments are critical to aid in
fulfilling the goals and objectives of the Great Lakes Water
Quality Agreement between the United States and Canada;
(3) in a report issued in December 2005, a group of leading
scientists from top institutions in the Great Lakes area found
that--
(A) the Great Lakes are on the brink of an
ecological catastrophe;
(B) the primary stressors straining the health of
the Great Lakes are--
(i) toxic chemicals;
(ii) the overloading of human waste and
urban and agricultural runoff;
(iii) physical changes to the shorelines
and wetlands;
(iv) invasive plant and animal species;
(v) changes in water patterns; and
(vi) overfishing;
(C) the deterioration of the Great Lakes ecosystem
is accelerating dramatically; and
(D) if the pattern of deterioration is not reversed
immediately, the damage could be irreparable;
(4) as a result of the stressors described in paragraph
(3)(B)--
(A) more than 1,800 beaches were closed in 2003;
(B) Lake Erie has developed a 6,300 square mile
dead zone that forms every summer;
(C) the zebra mussel, an aquatic invasive species,
causes $500,000,000 per year in economic and
environmental damage in the Great Lakes;
(D) there is no appreciable natural reproduction of
lake trout in the lower 4 Great Lakes; and
(E) wildlife habitats have been destroyed, which
has diminished fishing, hunting, and other outdoor
recreation opportunities in the Great Lakes;
(5) because of the patchwork approach to fixing the
problems facing the Great Lakes, the problems have not only
persisted in, but have also gotten worse in some areas of, the
Great Lakes;
(6) rather than dealing with 1 problem or location of the
Great Lakes at a time, a comprehensive restoration of the
system is needed to prevent the Great Lakes from collapsing;
(7) in December 2004, work began on the Great Lakes
Regional Collaboration, a unique partnership that was--
(A) formed for the purpose of developing a
strategic action plan for Great Lakes restoration; and
(B) composed of--
(i) key members from the Federal
Government, State and local governments, and
Indian tribes; and
(ii) other stakeholders;
(8) over 1,500 people throughout the Great Lakes region
participated in this collaborative process, with participants
working on 1 or more of the 8 strategy teams that focused on
different issues affecting the Great Lakes basin;
(9) the recommendations of the Great Lakes Regional
Collaboration, which were released on December 12, 2005,
identify actions to address the issues affecting the Great
Lakes basin on the Federal, State, local, and tribal level; and
(10) comprehensive restoration must be adaptive, and
ongoing efforts are needed continually to implement the
recommendations of the Great Lakes Regional Collaboration
relating to buffers, river restoration, wetlands, emerging
toxic pollutants, and other issues affecting the Great Lakes
basin.
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 ecosystem.--The term `aquatic ecosystem'
means a freshwater, marine, or estuarine environment (including
inland waters and wetlands), located wholly in the United
States.
``(3) Aquatic organism.--
``(A) In general.--The term `aquatic organism'
means a living animal, plant, fungus, or microorganism
inhabiting or reproducing in an aquatic ecosystem.
``(B) Inclusions.--The term `aquatic organism'
includes--
``(i) seeds;
``(ii) eggs;
``(iii) spores; and
``(iv) any other viable biological
material.
``(4) Assistant secretary.--The term `Assistant Secretary'
means the Assistant Secretary of the Army for Civil Works.
``(5) Ballast water.--The term `ballast water' means any
water (with its suspended matter) used to maintain the trim and
stability of a vessel.
``(6) Best performing treatment technology.--The term `best
performing treatment technology' means the ballast water
treatment technology that is, as determined by the Secretary--
``(A) the most biologically effective;
``(B) the most environmentally sound; and
``(C) suitable, available, and economically
practicable.
``(7) Coastal voyage.--The term `coastal voyage' means a
voyage conducted entirely within the exclusive economic zone.
``(8) Director.--The term `Director' means the Director of
the United States Fish and Wildlife Service.
``(9) Environmentally sound.--The term `environmentally
sound', refers to an activity that prevents or reduces
introductions, or controls infestations, of aquatic invasive
species in a manner that minimizes adverse effects on--
``(A) the structure and function of an ecosystem;
and
``(B) nontarget organisms and ecosystems.
``(10) Exclusive economic zone.--The term `exclusive
economic zone' means the area comprised of--
``(A) the Exclusive Economic Zone of the United
States established by Proclamation Number 5030, dated
March 10, 1983; and
``(B) the equivalent zones of Canada and Mexico.
``(11) Existing vessel.--The term `existing vessel' means
any vessel that enters service on or before December 31, 2011.
``(12) Great lakes.--The term `Great Lakes' 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).
``(13) Great lakes region.--The term `Great Lakes region'
means the region comprised of the States of Illinois, Indiana,
Michigan, Minnesota, New York, Ohio, Pennsylvania, and
Wisconsin.
``(14) In trade.--The term `in trade', with respect to a
species, means a species that has a documented history of
repeatedly being commercially imported into the United States
during the period beginning on January 1, 1990, and ending on
January 1, 2009.
``(15) Indian tribe.--The term `Indian tribe' has the
meaning given the term in section 4 of the Indian Self-
Determination and Education Assistance Act (25 U.S.C. 450b).
``(16) Interbasin waterway.--The term `interbasin waterway'
means a waterway that connects 2 distinct water basins.
``(17) Introduction.--The term `introduction' means the
transfer of an organism to an ecosystem outside the historic
range of the species of which the organism is a member.
``(18) Invasion.--The term `invasion' means an infestation
of an aquatic invasive species.
``(19) Invasive species.--The term `invasive species' means
a nonindigenous species the introduction of which into an
ecosystem may cause harm to the economy, environment, human
health, recreation, or public welfare.
``(20) National invasive species council.--The term
`National Invasive Species Council' means the interagency
council established by section 3 of Executive Order No. 13112
(42 U.S.C. 4321 note).
``(21) New vessel.--The term `new vessel' means any vessel
that enters service on or after January 1, 2012.
``(22) Nonindigenous species.--The term `nonindigenous
species' means any species in an ecosystem the range of which
exceeds the historic range of the species in that ecosystem.
``(23) Organism transfer.--The term `organism transfer'
means the movement of an organism of any species from 1
ecosystem to another ecosystem outside the historic range of
the species.
``(24) Pathway.--The term `pathway' means 1 or more vectors
by which an invasive species is transferred from 1 ecosystem to
another.
``(25) Planned importation.--The term `planned importation'
means the purposeful movement of 1 or more nonindigenous
organisms for use in the territorial limits of the United
States.
``(26) Regional panel.--The term `regional panel' means a
panel convened in accordance with section 1203.
``(27) Saltwater flushing.--The term `saltwater flushing'
means the process of--
``(A) adding midocean water to a ballast water tank
that contains residual quantities of ballast water;
``(B) mixing the midocean water with the residual
ballast water and sediment in the tank through the
motion of a ship; and
``(C) discharging the mixed water so that the
salinity of the resulting residual ballast water in the
tank exceeds 30 parts per thousand.
``(28) Secretary.--The term `Secretary' means the Secretary
of Homeland Security.
``(29) Species.--The term `species' means any fundamental
category of taxonomic classification below the level of genus
or subgenus, including a species, subspecies, or any recognized
variety of animal, plant, fungus, or microorganism.
``(30) Task force.--The term `Task Force' means the Aquatic
Nuisance Species Task Force established by section 1201(a).
``(31) Treatment.--The term `treatment' means a mechanical,
physical, chemical, biological, or other process or method of
killing, removing, or rendering inviable organisms.
``(32) Type approval.--The term `type approval' means an
approval procedure under which a type of system is initially
certified as meeting a standard established by law (including a
regulation) for a particular application if the system is
operated correctly.
``(33) Under secretary.--The term `Under Secretary' means
the Under Secretary of Commerce for Oceans and Atmosphere.
``(34) Undesirable impact.--The term `undesirable impact'
means economic, human health, aesthetic, or environmental
degradation that is not necessary for, and is not clearly
outweighed by, public health, environmental, or welfare
benefits.
``(35) Waters of the united states.--
``(A) In general.--The term `waters of the United
States' means the navigable waters and territorial sea
of the United States.
``(B) Inclusion.--The term `waters of the United
States' includes the Great Lakes.''.
TITLE I--INVASIVE SPECIES PREVENTION
Subtitle A--National Aquatic Invasive Species
CHAPTER 1--PREVENTION OF INTRODUCTION OF AQUATIC INVASIVE SPECIES INTO
WATERS OF THE UNITED STATES BY VESSELS
SEC. 101. PREVENTION OF INTRODUCTION OF AQUATIC INVASIVE SPECIES INTO
WATERS OF THE UNITED STATES BY VESSELS.
(a) In General.--Section 1101 of the Nonindigenous Aquatic Nuisance
Prevention and Control Act of 1990 (16 U.S.C. 4711) is amended to read
as follows:
``SEC. 1101. PREVENTION OF INTRODUCTION OF AQUATIC INVASIVE SPECIES
INTO WATERS OF THE UNITED STATES BY VESSELS.
``(a) Requirements for Vessels Operating in Waters of the United
States.--
``(1) Invasive species management plan.--
``(A) In general.--Effective beginning on the date
that is 180 days after the issuance of guidelines
pursuant to subparagraph (D) and promulgation of any
regulations under this section, each vessel that is
equipped with a ballast tank, and any towed vessel or
structure, operating in waters of the United States
shall have in effect, and have available for
inspection, an aquatic invasive species management
plan.
``(B) Specificity.--The management plan shall be
specific to the vessel (or group of vessels with
characteristics similar to that of the vessel, as
determined by the Secretary).
``(C) Requirements.--The management plan shall--
``(i) prescribe a safe and effective means
to minimize introductions and transfers of
invasive species; and
``(ii) include, at a minimum, such
information as is requested by the Secretary
pursuant to subparagraph (D), including--
``(I) operational requirements to
safely and effectively comply with the
applicable ballast water management
requirements under paragraph (4);
``(II) operational requirements to
safely and effectively carry out any
actions consistent with a rapid
response contingency strategy required
by States and approved by the Secretary
under section 1211;
``(III) at the discretion of the
Secretary, other operational
requirements that are specified in
guidelines adopted by the International
Maritime Organization;
``(IV) a description of all
reporting requirements and a copy of
each form necessary to meet those
requirements;
``(V) the position of the officer
responsible for implementation of
ballast water management and reporting
procedures on board;
``(VI) documents relevant to
aquatic invasive species management
equipment or procedures;
``(VII) a description of the
location of access points for sampling
ballast or sediments pursuant to
paragraph (3)(B)(vi);
``(VIII) a description of
requirements relating to compliance
with any approved rapid response
strategy relevant to the voyage of the
vessel;
``(IX) a contingency strategy
applicable under section 1211, if
appropriate; and
``(X) such requirements described
in subsection (b) as are applicable to
the vessel.
``(D) Guidelines.--Not later than 18 months after
the date of enactment of the Great Lakes Collaboration
Implementation Act, 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 Great Lakes Collaboration
Implementation Act, the Secretary shall issue
guidelines on best management practices to eliminate or
minimize and monitor organism transfer by vessels.
``(B) Practices to be included.--The best
management practices shall include--
``(i) sediment management in transoceanic
vessels;
``(ii) minimization of ballast water uptake
in areas in which there is a greater risk of
harmful organisms entering ballast tanks (such
as areas with toxic algal blooms or known
outbreaks of aquatic invasive species);
``(iii) avoidance of unnecessary discharge
of ballast water in a port that was taken up in
another port;
``(iv) to the maximum extent practicable,
collection and the proper disposal of debris
from the cleaning of the hull;
``(v) proper use of anti-fouling coating;
and
``(vi) provision of sample access ports in
ballast piping for sampling of ballast intake
and discharge.
``(4) Ballast water management.--
``(A) In general.--Effective beginning on the date
that is 180 days after the Secretary promulgates
regulations to carry out this section, and except as
provided in subparagraph (B), each vessel equipped with
a ballast water tank that enters a United States port
shall comply with the regulations relating to ballast
water management.
``(B) Exceptions.--
``(i) Vessels operating entirely within
exclusive economic zone.--Before December 31,
2013, a vessel equipped with a ballast tank,
and any towed vessel or structure, that
operates entirely within the exclusive economic
zone shall not be required to comply with the
regulations described in subsection (b)(2).
``(ii) Vessels operating in enclosed
aquatic ecosystems.--
``(I) In general.--Subject to
subclause (II), an existing vessel
equipped with a ballast tank, and any
towed vessel or structure, that
operates exclusively in the upper 4
Great Lakes (Lake Superior, Lake
Michigan, Lake Huron, and Lake Erie,
and the connecting channels), or in
another enclosed aquatic ecosystem
shall not be required to comply with
the regulations described in subsection
(b)(1).
``(II) Additional enclosed aquatic
ecosystems.--The Administrator and the
Under Secretary, in consultation with
regional panels of the Task Force, may
determine additional enclosed aquatic
ecosystems in which the potential for
movement of organisms by natural and
anthropogenic means is not
significantly altered by the movement
of the vessels equipped with ballast
tanks.
``(b) Invasive Species Management Regulations and Certification
Procedures.--
``(1) Regulations.--Not later than 18 months after the date
of enactment of the Great Lakes Collaboration Implementation
Act, the Secretary, with the concurrence of the Administrator
and in consultation with the Task Force, shall promulgate final
regulations establishing performance requirements for vessels
to reduce or eliminate introduction by the vessels of invasive
species to waters of the United States, including--
``(A) ballast water management operations
(including relevant contingency procedures in instances
in which a safety exemption is used pursuant to
subsection (h)); and
``(B) management of other vessel pathways,
including the hull and sea chest of a vessel.
``(2) Ballast water exchange.--The regulations promulgated
pursuant to paragraph (1)--
``(A) shall apply only to existing vessels;
``(B) shall expire not later than December 31,
2013; and
``(C) shall include--
``(i) a provision for ballast water
exchange that requires--
``(I) at least 1 empty-and-refill
cycle, outside the exclusive economic
zone or in an alternative exchange area
designated by the Secretary, of each
ballast tank that contains ballast
water to be discharged into waters of
the United States; or
``(II) for a case in which the
master of a vessel determines that
compliance with the requirement under
subclause (I) is impracticable, a
sufficient number of flow-through
exchanges of ballast water, outside the
exclusive economic zone or in an
alternative exchange area designated by
the Secretary, to achieve replacement
of at least 95 percent of ballast water
in ballast tanks of the vessel, as
determined by a certification dye study
conducted or model developed in
accordance with protocols developed
under paragraph (5)(B) and recorded in
the management plan of a vessel
pursuant to subsection
(a)(1)(C)(ii)(I); and
``(ii) if a ballast water exchange is not
undertaken pursuant to subsection (h), a
contingency procedure that requires the master
of a vessel to use the best practicable
technology or practice to treat ballast
discharge.
``(3) Ballast water treatment.--
``(A) In general.--The regulations promulgated
pursuant to paragraph (1) shall require a vessel to
which this section applies to conduct ballast water
treatment in accordance with this paragraph before
discharging ballast water.
``(B) Performance standards.--Subject to
subparagraph (C)(ii), the regulations shall require
that ballast water discharged shall--
``(i) contain--
``(I) less than 1 living organism
per 10 cubic meters that is 50 or more
micrometers in minimum dimension;
``(II) less than 1 living organism
per 10 milliliters that is--
``(aa) less than 50
micrometers in minimum
dimension; and
``(bb) more than 10
micrometers in minimum
dimension;
``(III) concentrations of indicator
microbes that are less than--
``(aa)(AA) 1 colony-forming
unit of toxicogenic Vibrio
cholera (serotypes O1 and O139)
per 100 milliliters; or
``(BB) 1 colony-forming
unit of that microbe per gram
of wet weight of zoological
samples;
``(bb) 126 colony-forming
units of escherichia coli per
100 milliliters; and
``(cc) 33 colony-forming
units of intestinal enterococci
per 100 milliliters; and
``(IV) concentrations of such
additional indicator microbes as may be
specified in regulations promulgated by
the Secretary, in consultation with the
Administrator, that are less than the
quantities specified in those
regulations; or
``(ii) comply with an alternative standard
that is at least as protective as the standards
under clause (i), as determined by the
Secretary.
``(C) Best performing treatment.--
``(i) In general.--Not later than December
31, 2012, the Secretary, in consultation with
the Administrator, based on technology
assessments implemented before July 31, 2012,
shall determine whether technologies exist that
provide for the achievement of the standards
described in subparagraph (B).
``(ii) Modification of standards.--If the
Secretary, in consultation with the
Administrator, determines under clause (i) that
no technology exists that provides for the
achievement of the standards described in
subparagraph (B), the Secretary shall modify
the standards to require vessels to discharge
ballast water that has been treated with a
treatment system that is among the best-
performing 25 percent of treatment systems that
meet the applicable ballast discharge standard
of the International Maritime Organization.
``(D) Reception facility exception.--
``(i) In general.--The requirements of this
paragraph shall not apply to a vessel that
discharges ballast water into a land-based or
water-based facility for the reception of
ballast water that meets each applicable
standard under clause (ii).
``(ii) Applicable standards.--Not later
than 1 year after the date of enactment of the
Great Lakes Collaboration Implementation Act,
the Administrator and the Secretary shall
jointly promulgate standards for--
``(I) the reception of ballast
water in land-based and water-based
reception facilities; and
``(II) the disposal or treatment of
received ballast water in a manner that
does not damage the environment, human
health, property, or resources.
``(4) Review and revision.--The Secretary, in concurrence
with the Administrator, shall review and revise, not less
frequently than once every 3 years--
``(A) any determination relating to the
determination under paragraph (3)(C)(i); and
``(B) any modification of a standard under
paragraph (3)(C)(ii).
``(5) Certification of treatments and practices.--
``(A) In general.--Not later than the date on which
regulations are promulgated pursuant to paragraphs (2)
and (3), the Secretary shall, with the concurrence of
the Administrator, promulgate regulations for--
``(i) the certification of treatments or
practices the performances of which comply with
the regulations; and
``(ii) on-going enforcement of the
effective use of the certified treatments or
practices.
``(B) Certification of ballast water exchange
procedures.--The certification of ballast water
exchange procedures in compliance with the regulations
promulgated pursuant to paragraph (2) shall be based on
a qualified type-approval process, including a protocol
involving dye studies or models detailing flow dynamics
of a vessel or class of vessels described in paragraph
(2)(A)(ii) for demonstrating the number of flow-through
exchanges necessary for such a vessel to meet the
percentage purge requirements associated with the flow-
through technique for ballast water exchange.
``(C) Certification of all other ballast water
discharge treatments.--The certification of treatments
in compliance with the regulations promulgated pursuant
to paragraph (1)(B) shall be based on a qualified type-
approval process that--
``(i) is capable of estimating the extent
to which ballast water discharge treated by a
ballast water treatment system is likely to
comply with applicable standards, including any
restrictions relating to--
``(I) biological, chemical, or
physical conditions of water taken into
ballast; and
``(II) conditions encountered
during a voyage;
``(ii) is capable of determining the extent
to which a ballast water treatment method--
``(I) is environmentally sound,
based on criteria promulgated by the
Administrator under paragraph (8)(A);
and
``(II) is safe for vessel and crew;
``(iii) may be used in estimating the
expected useful life of the ballast water
treatment system, as determined on the basis of
voyage patterns and normal use conditions;
``(iv) includes a ship-boarding testing
component (and may include a shore-based
testing component);
``(v) provides for appropriate monitoring,
as determined by the Administrator;
``(vi) provides for revocation by the
Administrator of approval pending the results
of the monitoring; and
``(vii) is cost-effective.
``(D) Expiration of ballast water exchange
option.--On the date of expiration of the ballast water
exchange option under paragraph (2), the certification
process shall apply to all methods of ballast water
management, treatment, and system design.
``(E) Review and revision.--Not less frequently
than once every 3 years, the Secretary, in conjunction
with the Administrator, shall review and, if necessary,
revise the certification process pursuant to subsection
(d)(1).
``(F) Application for approval.--
``(i) In general.--The Secretary and the
Administrator shall approve an application for
certification of a ballast water treatment
system only if the application is in such form
and contains such information as the Secretary
and Administrator may require.
``(ii) Approval and disapproval.--
``(I) In general.--On receipt of an
application under clause (i)--
``(aa) the Administrator
shall, not later than 90 days
after the date of receipt of
the application--
``(AA) review the
application for
compliance and
consistency with
environmental soundness
criteria promulgated
under paragraph (8)(A);
and
``(BB) approve
those ballast water
treatment systems that
meet those criteria;
and
``(bb) the Secretary, in
consultation with the Task
Force, shall, not later than
180 days after the date of
receipt of the application--
``(AA) determine
whether the ballast
water treatment system
covered by the
application meets the
requirements of this
subsection, as
appropriate;
``(BB) approve or
disapprove the
application; and
``(CC) provide the
applicant written
notice of approval or
disapproval.
``(II) Limitations.--An application
approved under subclause (I) shall--
``(aa) be qualified with
any limitations relating to
voyage pattern, duration, or
any other characteristic that
may affect the effectiveness or
environmental soundness of the
ballast water treatment system
covered by the application, as
determined by the Secretary in
consultation with the
Administrator;
``(bb) be applicable to a
specific vessel or group of
vessels, as determined by the
Secretary;
``(cc) be valid for the
least of--
``(AA) the expected
useful life of the
ballast water treatment
system;
``(BB) 10 years; or
``(CC) such period
of time for which the
Secretary or
Administrator (as
appropriate) determines
that (based on
available information,
including information
developed pursuant to
paragraph (6)(B)(iii))
there exists a serious
deficiency in
performance or
environmental soundness
of the system relative
to anticipated
performance or
environmental
soundness; and
``(dd) be renewed if--
``(AA) the
Secretary determines
that the ballast water
treatment system
remains in compliance
with applicable
standards as of the
date of application for
renewal; or
``(BB) the
remaining useful life
of the vessel is less
than 10 years.
``(6) Experimental approval for ballast water treatment.--
``(A) In general.--The owner or operator of a
vessel may submit to the Secretary an application to
test or evaluate a promising ballast water treatment
technology that--
``(i) has the potential to achieve the
standards required under paragraph (3); and
``(ii) is likely to achieve a minimum
performance that is the same as or more
stringent than a standard required under
paragraph (3)(C)(ii), as applicable.
``(B) Approval.--The Secretary shall approve an
application under subparagraph (A) if--
``(i) the Secretary and the Administrator
determine that the treatment technologies have
the potential to achieve the standards required
under paragraph (3); and
``(ii) the Administrator determines, based
on independent and peer-reviewed information
provided to the Secretary by the owner or
operator of the vessel or other applicable
parties, that the treatment technologies--
``(I) comply with environmental
requirements (including regulations);
and
``(II) have the potential to meet
environmental soundness criteria
established under paragraph (8)(A)(i).
``(C) Waiver.--If the Secretary approves an
application under subparagraph (B), the Secretary and
the Administrator may waive the requirements under
subsection (a)(4)(A) with respect to the vessel that is
subject to the application approved.
``(D) 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 (B) shall be for the
least of--
``(I) the expected useful life of
the ballast water treatment system;
``(II) a period of 10 years; or
``(III) a period ending on the date
that the Secretary and Administrator
(as appropriate) determines that there
exists a serious deficiency in
performance or human safety or
environmental soundness of the system
relative to anticipated performance or
environmental soundness.
``(iii) Information.--As a condition of
receiving experimental approval for a treatment
under subparagraph (B), the owner or operator
of a vessel shall agree to collect and report
such information regarding the operational and
biological effectiveness of the treatment
through sampling of the intake and discharge
ballast as the Secretary may request.
``(iv) Renewal.--An experimental approval
may be renewed in accordance with paragraph
(5)(F)(ii).
``(7) Incentives for use of treatment systems.--
``(A) In general.--The Secretary, the Secretary of
Transportation, and the Administrator shall assist
owners or operators of vessels that seek to obtain
experimental approval for installation of ballast water
treatment systems, including through providing guidance
on--
``(i) a sampling protocol and test program
for cost effective treatment evaluation;
``(ii) sources of sampling equipment and
field biological expertise; and
``(iii) examples of shipboard evaluation
studies.
``(B) Selection of technologies and practices.--In
selecting technologies and practices for shipboard
demonstration under section 1104(b), the Secretary of
the Interior and the Secretary of Commerce shall give
priority consideration to technologies and practices
that have received or are in the process of receiving
certification under paragraph (5).
``(C) Annual summaries.--The Secretary shall
annually summarize, and make available to interested
parties, all available information on the performance
of technologies proposed for ballast treatment to
facilitate the application process for experimental
approval for ballast water treatment under paragraph
(6).
``(8) Environmental soundness criteria for ballast
treatments.--
``(A) In general.--The Administrator shall include
in criteria promulgated under section 1202(k)(1)(A)
specific criteria--
``(i) to ensure environmental soundness of
ballast treatment systems; and
``(ii) to grant environmental soundness
exceptions under subparagraph (B).
``(B) Exceptions.--
``(i) In general.--In reviewing
applications under paragraph (5)(F)(ii)(I)(aa)
in an emergency situation to achieve reductions
in significant and acute risk of transfers of
invasive species by vessels, the Secretary and
the Administrator may jointly determine to make
an exception to criteria described in
subparagraph (A)(i).
``(ii) Qualification of approvals.--To be
eligible for an exception under clause (i), an
approval under paragraph (5)(F)(ii)(I)(aa)
shall be qualified under paragraph
(5)(F)(ii)(II).
``(c) Great Lakes Program.--
``(1) Regulations.--
``(A) In general.--Until such time as regulations
are promulgated to implement the amendments made by the
Great Lakes Collaboration Implementation Act,
regulations promulgated to carry out this Act shall
remain in effect until revised or replaced pursuant to
the Great Lakes Collaboration Implementation Act.
``(B) No ballast on board.--Not later than 180 days
after the date of enactment of the Great Lakes
Collaboration Implementation Act, the Secretary shall
promulgate regulations to minimize the discharge of
invasive species from ships that claim no ballast on
board, or that claim to be carrying only unpumpable
quantities of ballast, including, at a minimum, a
requirement that--
``(i) such a ship shall conduct saltwater
flushing of ballast water tanks--
``(I) outside the exclusive
economic zone; or
``(II) at a designated alternative
exchange site; and
``(ii) before being allowed entry beyond
the St. Lawrence Seaway, the master of such a
ship shall certify that the ship has complied
with each applicable requirement under this
subsection.
``(C) Early technology.--
``(i) In general.--Not later than 180 days
after the date of enactment of the Great Lakes
Collaboration Implementation Act, the Secretary
shall promulgate regulations allowing ships
entering the Great Lakes to use a ballast water
treatment technology that is as effective as
ballast water exchange, as determined by the
Secretary.
``(ii) Requirement.--The regulations under
clause (i) shall include a provision that a
ballast water treatment technology used for
purposes of complying with the regulations
shall be permitted for the shorter of--
``(I) the 10-year period beginning
on the date of initial use of the
technology; and
``(II) the life of the ship on
which the technology is used.
``(iii) Treatment equivalency to ballast
water exchange.--For purposes of the
regulations under clause (i), the discharge
standard of the International Maritime
Organization shall be considered to be as
effective as ballast water exchange.
``(2) Relationship to other programs.--On implementation of
a national mandatory ballast management program that is at
least as comprehensive as the Great Lakes program (as
determined by the Secretary, in consultation with the Governors
of Great Lakes States)--
``(A) the program regulating vessels and ballast
water in Great Lakes under this section shall
terminate; and
``(B) the national program shall apply to such
vessels and ballast water.
``(3) Review and revision.--
``(A) In general.--Not later than the date that is
18 months after the date of enactment of the Great
Lakes Collaboration Implementation Act, the Secretary
shall--
``(i) review and revise regulations
promulgated under this section to ensure the
regulations provide the maximum practicable
protection of the Great Lakes ecosystem from
introduction by vessels (including vessels in
the unballasted condition) of aquatic invasive
species; and
``(ii) promulgate the revised regulations.
``(B) Contents.--The revised regulations shall
include, at a minimum, requirements under subsections
(a) and (b) (as amended by that Act).
``(d) Periodic Review and Revision of Regulations.--
``(1) In general.--Not later than 3 years after the date of
enactment of the Great Lakes Collaboration Implementation Act,
and not less often than every 3 years thereafter, the Secretary
shall (with the concurrence of the Administrator, based on
recommendations of the Task Force, and information collected
and analyzed under this title and in accordance with criteria
developed by the Task Force under paragraph (3))--
``(A) assess the compliance by vessels with
regulations promulgated under this section;
``(B) assess the effectiveness of the regulations
referred to in subparagraph (A) in reducing the
introduction and spread of aquatic invasive species by
vessels; and
``(C) as necessary, on the basis of the best
scientific information available--
``(i) revise the regulations referred to in
subparagraph (A); and
``(ii) promulgate additional regulations.
``(2) Special review and revision.--Not later than 90 days
after the date on which the Task Force makes a request to the
Secretary for a special review and revision of the Program, the
Secretary shall (with the concurrence of the Administrator)--
``(A) conduct a special review of regulations in
accordance with paragraph (1); and
``(B) as necessary, in the same manner as provided
under paragraph (1)(C)--
``(i) revise those guidelines; or
``(ii) promulgate additional regulations.
``(3) Criteria for effectiveness.--Not later than 1 year
after the date of enactment of the Great Lakes Collaboration
Implementation Act, 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.
``(e) Sanctions.--
``(1) Civil penalties.--
``(A) In general.--Any person that violates a
regulation promulgated under this section shall be
liable for a civil penalty in an amount not to exceed
$50,000.
``(B) Separate violations.--Each day of a
continuing violation constitutes a separate violation.
``(C) Liability of vessels.--A vessel operated in
violation of a regulation promulgated under this Act
shall be liable in rem for any civil penalty assessed
under this subsection for that violation.
``(2) Criminal penalties.--Any person that knowingly
violates the regulations promulgated under subsection (b) is
guilty of a class C felony.
``(3) Revocation of clearance.--On request of the
Secretary, the Secretary of the Treasury shall withhold or
revoke the clearance of a vessel required by section 4197 of
the Revised Statutes (46 U.S.C. App. 91), if the owner or
operator of that vessel is in violation of the regulations
promulgated under subsection (b).
``(4) Exception to sanctions.--This subsection does not
apply to a failure to exchange ballast water if--
``(A) the master of a vessel, acting in good faith,
decides that the exchange of ballast water will
threaten the safety or stability of the vessel or the
crew or passengers of the vessel; and
``(B) the vessel complies with--
``(i) recordkeeping requirements of this
Act;
``(ii) contingency requirements of section
1211; and
``(iii) reporting requirements of this Act.
``(f) Coordination With Other Agencies.--The Secretary is
encouraged to use (with consent) the expertise, facilities, members, or
personnel of, appropriate Federal and State agencies and organizations
that have routine contact with vessels, as determined by the Secretary.
``(g) Consultation With Canada, Mexico, and Other Foreign
Governments.--In developing the guidelines issued and regulations
promulgated under this section, the Secretary is encouraged to consult
with the Government of Canada, the Government of Mexico, and any other
government of a foreign country that the Secretary, in consultation
with the Task Force, determines to be necessary to develop and
implement an effective international program for preventing the
unintentional introduction and spread of nonindigenous species.
``(h) 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 and practices pursuant to
regulations promulgated under subsection (b)(1)).
``(i) Non-Discrimination.--The Secretary shall ensure that vessels
registered outside of the United States do not receive more favorable
treatment than vessels registered in the United States in any case in
which the Secretary performs studies, reviews compliance, determines
effectiveness, establishes requirements, or performs any other
responsibilities under this Act.
``(j) Effect on Other Law.--Nothing in this section or any
regulation promulgated under this section supersedes or otherwise
affects any requirement or prohibition relating to the discharge of
ballast water under the Federal Water Pollution Control Act (33 U.S.C.
1251 et seq.).''.
(b) Conforming Amendments.--
(1) Section 1102(c)(1) of the Nonindigenous Aquatic
Nuisance Prevention and Control Act of 1990 (16 U.S.C.
4712(c)(1)) is amended by striking ``issued under section
1101(b)'' and inserting ``promulgated under section 1101(e)''.
(2) Section 1102(f)(1)(B) of the Nonindigenous Aquatic
Nuisance Prevention and Control Act of 1990 (16 U.S.C.
4712(f)(1)(B)) is amended by striking ``guidelines issued
pursuant to section 1101(c)'' and inserting ``regulations
promulgated under section 1101(e)''.
SEC. 102. ARMED SERVICES WHOLE VESSEL MANAGEMENT PROGRAM.
Section 1103 of the Nonindigenous Aquatic Nuisance Prevention and
Control Act of 1990 (16 U.S.C. 4713) is amended--
(1) by striking the section heading and inserting the
following:
``SEC. 1103. ARMED SERVICES WHOLE VESSEL MANAGEMENT PROGRAM.'';
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.--
``(A) In general.--Subject to operational
conditions, the Secretary of Defense, in consultation
with the Secretary and the Task Force, shall implement
a towed vessel management program for Department of
Defense vessels to minimize the risk of introductions
of aquatic invasive species through hull and associated
hull aperture transfers by towed vessels.
``(B) Current ballast program.--Except as provided
in subparagraph (A), this Act does not affect the
ballast program for Department of Defense vessels in
effect on the date of enactment of the Great Lakes
Collaboration Implementation Act.
``(3) Reports.--Not later than 3 years after the date of
enactment of the Great Lakes Collaboration Implementation Act,
and every 3 years thereafter, the Secretary of Defense shall
submit to Congress a report that includes a summary and
analysis of the program carried out under this section.''.
CHAPTER 2--PREVENTION OF THE INTRODUCTION OF AQUATIC INVASIVE SPECIES
BY OTHER PATHWAYS
SEC. 106. PRIORITY PATHWAY MANAGEMENT PROGRAM.
Subtitle C of title I of the Nonindigenous Aquatic Nuisance
Prevention and Control Act of 1990 (16 U.S.C. 4721 et seq.) is amended
by adding at the end the following:
``SEC. 1210. PRIORITY PATHWAY MANAGEMENT PROGRAM.
``(a) Identification of High Priority Pathways.--Not later than 2
years after the date of enactment of the Great Lakes Collaboration
Implementation Act, 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 and other available research relating
to the rates of introductions in waters of the United States--
``(1) identify those pathways that pose the highest risk
for introductions of invasive species, both nationally and on a
region-by-region basis unless further managed;
``(2) develop recommendations for management strategies for
those high-risk pathways;
``(3) include in the report to the Congress required under
section 1201(f)(2)(B) a description of the identifications,
strategies, and recommendations; and
``(4) identify 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.
``(b) Management of High Priority Pathways.--Not later than 3 years
after the date of enactment of the Great Lakes Collaboration
Implementation Act, the Task Force or agencies of jurisdiction shall,
to the maximum extent practicable, implement the strategies described
in subsection (a)(2).''.
SEC. 107. SCREENING PROCESS FOR PLANNED IMPORTATIONS OF LIVE AQUATIC
ORGANISMS.
Subtitle B of title I of the Nonindigenous Aquatic Nuisance
Prevention and Control Act of 1990 (16 U.S.C. 4711 et seq.) is amended
by adding at the end the following:
``SEC. 1105. SCREENING PROCESS FOR PLANNED IMPORTATIONS OF LIVE AQUATIC
ORGANISMS.
``(a) In General.--Not later than 3 years after the date of
enactment of the Great Lakes Collaboration Implementation Act, no live
aquatic organism of a species not in trade shall be imported into the
United States without screening and approval in accordance with
subsections (c) and (d).
``(b) Guidelines.--
``(1) In general.--Not later than 30 months after the date
of enactment of the Great Lakes Collaboration Implementation
Act, 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 issue guidelines for screening proposed planned
importations of live aquatic organisms into the United States,
that include--
``(A) guidelines for minimum information
requirements for determinations under subsection (c);
and
``(B) guidelines for a simplified notification
procedure for any additional shipments of organisms
that may occur after completion of an initial screening
process and determination under subsection (c).
``(2) Purpose.--The purpose of the screening process shall
be to prevent the introduction or establishment of aquatic
invasive species in waters of the United States and contiguous
waters of Canada and Mexico.
``(3) Factors.--In developing guidelines under this
subsection and reviewing and revising the guidelines under
subsection (j), the Invasive Species Council and the Task Force
shall consider--
``(A) the likelihood of the spread of species by
human or natural means;
``(B) species that may occur in association with
the species planned for importation, including
pathogens, parasites, and free-living organisms; and
``(C) regional differences in probability of
invasion and associated impacts.
``(c) Categories.--The screening process conducted pursuant to
subsection (d) shall require the identification, to the maximum extent
practicable, to the species level or, at least, to the genus level, of
live aquatic organisms proposed for importation and shall list--
``(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 species is likely to spread; and
``(2) species on which there is insufficient information to
determine the risk category based on guidelines issued pursuant
to subsection (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 of a species not in trade shall screen the species 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 (h)--
``(A) the Director shall screen the organisms in
accordance with subsections (a) and (b); and
``(B) the Director may prohibit the importation of
an organism of a species not in trade if the Director
determines, based on evaluations consistent with the
screening requirements promulgated under subsection
(f), that the species has a high or moderate
probability of undesirable impacts on areas within the
boundaries of the United States and contiguous areas of
neighboring countries to which the species may spread.
``(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 as determined
by a memorandum of understanding consistent with subsection
(f), except that the Secretary of Agriculture, shall conduct
screening of organisms imported to be cultured.
``(e) Requirements.--A Federal agency of jurisdiction, or the
Director, shall--
``(1) restrict or prohibit the importation into the United
States from outside the United States of any species that is
described in subsection (c)(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) Memorandum of Understanding.--
``(1) In general.--The Director of the United States Fish
and Wildlife Service shall enter into a memorandum of
understanding with the heads of the agencies of jurisdiction
regarding the screening requirements contained in this section.
``(2) Contents.--The memorandum of understanding shall
contain, at a minimum--
``(A) a description of the relationship between and
responsibilities of the agencies of jurisdiction,
including a process designating a lead agency in cases
in which multiple agencies may have jurisdiction over
the screening of an aquatic species;
``(B) the process by which the Director will
delegate screening duties to and receive delegation
from other agencies of jurisdiction; and
``(C) the process by which agencies of jurisdiction
will coordinate and share information required for the
screening process.
``(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 Species in Trade.--Not later than 1 year after the
date of enactment of the Great Lakes Collaboration Implementation Act,
the Director of the United States Geological Survey and the Director of
the Smithsonian Environmental Research Center, in cooperation with
agencies with jurisdiction over planned importations of live organisms,
shall--
``(1) develop and update as necessary a catalog of species
in trade; and
``(2) include the list in the information provided to the
public pursuant to section 1102(f).
``(i) 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 the screening,
guidelines, and process carried out under this section.
``(2) Report.--The Invasive Species Council shall include
in its report to Congress required pursuant to section
1201(f)(2)(B)--
``(A) an evaluation of the effectiveness of the
screening processes carried out under this section;
``(B) an evaluation of the consistency of the
application of the screening by agencies; and
``(C) recommendations for revisions of the
processes.
``(j) Prohibitions.--It shall be unlawful for any person subject to
the jurisdiction of the United States to import an organism of a
species described under subsection (c) or (d) or in violation of
regulations promulgated under this section.
``(k) Penalties.--
``(1) Civil penalties.--Any person who violates subsection
(j) shall be liable for a civil penalty in an amount not to
exceed $50,000.
``(2) Criminal penalties.--Any person who knowingly
violates subsection (j) is guilty of a class C felony.
``(l) Fees.--The head of any agency that has jurisdiction over a
planned importation of a species subject to screening under this Act
may increase the amount of any appropriate fee that is charged under an
authority of law to offset the cost of any screening process carried
out under this section.
``(m) Information.--A Federal agency conducting a screening process
under this section shall make the results of the process available to
the public (including international organizations).
``(n) Regulations.--The Director may issue regulations to implement
this section.
``(o) Applicability: Effect on Other Laws.--Nothing in this section
shall be construed as repealing, superseding, or modifying any
provision of Federal or state law.''.
CHAPTER 3--EARLY DETECTION; RAPID RESPONSE; CONTROL AND OUTREACH
SEC. 111. EARLY DETECTION.
Subtitle B of title I of the Nonindigenous Aquatic Nuisance
Prevention and Control Act of 1990 (16 U.S.C. 4711 et seq.) (as amended
by section 107) 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 Great Lakes Collaboration Implementation
Act, in conjunction with the Council, the Task Force shall
develop 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 aquatic ecosystems 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) consider the pathways and/or organisms
identified under section 1210;
``(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 3 years after the
date of enactment of the Great Lakes Collaboration
Implementation Act, 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 (such as colleges and universities); and
``(B) based on the protocols, plan, and budget
published under subsection (a)(1) and any public
comment.''.
SEC. 112. 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.) is further
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 State that has
in effect a rapid response contingency strategy for invasive
species in the State, including rapid assessment capabilities,
that is approved under paragraph (2) shall be eligible to
receive emergency funding to remain available until expended 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).
``(2) Approval of rapid response contingency strategies.--
The Task Force, in consultation with the Invasive Species
Council, shall approve a State rapid response contingency
strategy described in paragraph (1) 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) to the maximum extent possible, does not use
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 Great Lakes Collaboration
Implementation Act--
``(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, including rapid
assessment capability, that includes, to the maximum
extent practicable, the components listed under
subparagraphs (A) through (H) of subsection (a)(2); and
``(B) a model regional rapid response contingency
strategy for aquatic invasive species; and
``(2) the Secretary, in concurrence with the Task Force and
the regional panels, shall issue guidelines that describe
vessel-related requirements that may be used in a rapid
response contingency strategy, including specific requirements
for strategy approved under this section.
``(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 not less than 50 percent.
``(2) Regional rapid response contingency strategies.--The
Federal share of the cost of activities carried out under a
regional rapid response contingency strategy approved under
subsection (b) shall be not less than 75 percent.
``(3) In-kind contributions.--States or regions that
receive Federal funds for rapid response activities may provide
matching funds in the form of in-kind contributions.
``(e) Federal Rapid Response Teams.--
``(1) Establishment of teams.--Not later than 1 year after
the date of enactment of the Great Lakes Collaboration
Implementation Act, the Invasive Species Council, in
coordination with the Task Force and the heads of appropriate
Federal agencies, shall establish a Federal rapid response team
for each of the 10 Federal regions that comprise the Standard
Federal Regional Boundary System.
``(2) Duties of teams.--Each Federal rapid response team
shall, at a minimum--
``(A) implement rapid eradication or control
responses for newly detected aquatic invasive species
on Federal and tribal land;
``(B) carry out, or assist in carrying out, rapid
responses for newly detected aquatic invasive species
on non-Federal land at the request of a State, Indian
tribe, or group of States or Indian tribes;
``(C) provide training and expertise for State,
tribal, or regional rapid responders;
``(D) provide central sources of information for
rapid responders;
``(E) maintain a list of researchers and rapid
response volunteers; and
``(F) in carrying out any rapid response activity
with respect to an aquatic noxious weed listed under
section 412(f) of the Plant Protection Act (7 U.S.C.
7712(f)), include representatives of the Animal and
Plant Health Inspection Service.
``(3) Criteria for identifying cases of rapid response
warranting federal assistance.--Not later than 1 year after the
date of enactment of the Great Lakes Collaboration
Implementation Act, 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 Great Lakes Collaboration
Implementation Act, the Administrator, in consultation with the
Invasive Species Council, the Secretary of Transportation, the
Task Force (including regional panels of the Task Force
established under section 1203), the Director, and the Director
of the National Marine Fisheries Service, shall develop
environmental criteria to minimize nontarget environmental
impacts of rapid responses carried out pursuant to this
section.''.
SEC. 113. ENVIRONMENTAL SOUNDNESS.
Section 1202(k) of the Nonindigenous Aquatic Nuisance Prevention
and Control Act of 1990 (16 U.S.C. 4722) is amended to read as follows:
``(k) Improvement of Treatment Methods for Aquatic Invasive
Species.--
``(1) Criteria to evaluate environmental soundness of
treatment methods.--
``(A) In general.--Not later than 1 year after the
date of enactment of the Great Lakes Collaboration
Implementation Act, 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 mechanical,
physical, chemical, biological, and other treatment
methods used in bodies of water of the United States
(regardless of whether the bodies of water are
navigable and regardless of the origin of the waters),
to prevent, treat, or respond to the introduction of
aquatic invasive species.
``(C) Consultation.--In carrying out subparagraph
(A), the Administrator shall consult with--
``(i) the Secretary of Transportation;
``(ii) the Task Force (including the
regional panels of the Task Force established
under section 1203);
``(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 Great Lakes Collaboration
Implementation Act) and update annually--
``(A) a list of environmentally sound treatment
methods that may apply to a potential aquatic invasive
species response effort;
``(B) accompanying research that supports the
environmental soundness of each approved treatment
method; and
``(C) explicit guidelines under which each
treatment method can be used in an environmentally
sound manner.
``(3) Reports.--The Invasive Species Council and Task Force
shall include the information described in paragraph (2) in the
reports submitted under section 1201(f)(2)(B).''.
SEC. 114. 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 Great
Lakes Collaboration Implementation Act, 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 Great Lakes Collaboration
Implementation Act, the Under Secretary and the
Director (in cooperation with the Task Force
and in consultation with the States, relevant
industry groups, and Indian tribes) shall
develop an education, outreach, and training
program directed toward marinas and marina
operators regarding--
``(I) checking watercraft for live
organisms;
``(II) removing live organisms from
the watercraft before the watercraft
are commercially or recreationally
trailered;
``(III) encouraging regular hull
cleaning and maintenance, avoiding in-
water hull cleaning; and
``(IV) other activities, as
identified by the Secretary.
``(iii) Proper disposal of nonindigenous
live aquatic organisms in trade.--The Task
Force shall--
``(I) not later than 1 year after
the date of enactment of the Great
Lakes Collaboration Implementation Act,
develop (in consultation with industry
and other affected parties) issue
guidelines for proper disposal of live
nonindigenous aquatic organisms in
trade; and
``(II) use the guidelines in
appropriate public information and
outreach efforts.
``(C) 100th meridian program.--
``(i) In general.--Not later than 1 year
after the date of enactment of the Great Lakes
Collaboration Implementation Act, the Task
Force shall expand the information and
education program directed at recreational
boaters in States from which watercraft are
transported westward across the 100th meridian.
``(ii) Activities.--In carrying out the
program, the task force shall--
``(I) survey owners of watercraft
transported westward across the 100th
meridian to determine the States of
origin of most such owners;
``(II) provide information directly
to watercraft owners concerning the
importance of cleaning watercraft
carrying live organisms before
transporting the watercraft; and
``(III) support education and
information programs of the States of
origin to ensure that the State
programs address westward spread.
``(D) Information and education program by national
park service.--The Secretary of the Interior, acting
through the Director of the National Park Service,
shall develop a program to provide public outreach and
other educational activities to prevent the spread of
aquatic invasive species by recreational watercraft in
parkland or through events sponsored by the National
Park Service.
``(3) Outreach to industry.--The Task Force, in conjunction
with the 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, the Invasive Species Council, and other relevant
agencies, shall maintain information on the Internet
regarding--
``(A) the best approaches for the public and
private interests to use in assisting with national
early detection and monitoring of aquatic invasive
species in waters of the United States;
``(B) contact locations for joining a national
network of monitoring stations;
``(C) approved State Management Plans under section
1204(a) and Rapid Response Contingency Strategies under
sections 1211(a)(2) and 1211(c); and
``(D) the list of potential invaders under section
1201(a)(4).''.
CHAPTER 4--COORDINATION
SEC. 116. PROGRAM COORDINATION.
(a) Membership of Task Force.--Section 1201(b) of the Nonindigenous
Aquatic Nuisance Prevention and Control Act of 1990 (16 U.S.C. 4721) is
amended--
(1) in paragraph (6) by striking ``and'' at the end;
(2) by redesignating paragraph (7) as paragraph (12); and
(3) by inserting after paragraph (6) the following:
``(7) the Director of the United States Geological Survey;
``(8) the Director of the Smithsonian Environmental
Research Center;
``(9) the Secretary of State;
``(10) the Secretary of Transportation;
``(11) the Secretary of Homeland Security; and''.
(b) Coordination With 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 Great Lakes Collaboration
Implementation Act, and every 3 years thereafter,
submit to Congress a report that summarizes the status
of the conduct of activities authorized by and required
under this Act; and
``(C) establish any regional panels or task forces
in coordination with the regional panels of the Task
Force convened under section 1203.''.
(c) Coordination With Other Programs.--Section 1202(c) of the
Nonindigenous Aquatic Nuisance Prevention and Control Act of 1990 (16
U.S.C. 4722(c)) is amended by adding at the end the following:
``(3) Recommendations for lists.--
``(A) In general.--The Task Force shall annually
recommend to Federal agencies of jurisdiction such
additions of aquatic invasive species as the Task Force
determines to be appropriate for inclusion on--
``(i) any list of species of wildlife under
the Lacey Act Amendments of 1981 (16 U.S.C.
3371 et seq.) (including regulations under such
Act); or
``(ii) any list of noxious weeds under the
Plant Protection Act (7 U.S.C. 7701 et seq.)
(including regulations promulgated under that
Act contained in part 360 of title 7, Code of
Federal Regulations (or any successor
regulations)).
``(B) Process.--The Task Force may use the
screening process developed pursuant to section 1105 to
identify species pursuant to subparagraph (A).''.
(d) Regional Coordination.--Section 1203 of the Nonindigenous
Aquatic Nuisance Prevention and Control Act of 1990 (16 U.S.C. 4723) is
amended by adding at the end the following:
``(d) Annual Interregional 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.
``(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) 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 (2)(A) by inserting before the semicolon
at the end the following: ``, including, in accordance with
guidelines issued by the Task Force under paragraph (5)--
``(A) rapid response contingency strategies under
section 1211;
``(B) early detection strategies under section
1211(a)(2)(D);
``(C) aquatic plant control programs pursuant to
other law; and
``(D) screening of planned introductions pursuant
to section 1105;''.
(2) in paragraph (2)(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 Great Lakes Collaboration
Implementation Act, 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
under section 1211;
``(ii) early detection and monitoring
strategies under section 1211(a)(2)(D);
``(iii) aquatic plant control programs;
``(iv) screening of planned introductions
pursuant to and consistent with section 1105;
and
``(v) the review and revision of
requirements of this subsection and the
reapproval process under this subsection.
``(6) Relationship to other plans.--
``(A) In general.--A plan approved under paragraph
(4) shall be deemed to meet any State planning
requirement of the program established under section
104 of the River and Harbor Act of 1958 (33 U.S.C. 610)
for a plan to control noxious aquatic plant growths.
``(B) Enforcement.--Funds provided to States for
implementation of plans pursuant to section 1204 may be
used by States to enforce requirements relating to
aquatic invasive species under the Plant Protection Act
(7 U.S.C. 7701 et seq.) (including regulations
promulgated under that Act contained in part 360 of
title 7, Code of Federal Regulations (or any successor
regulations)).
``(7) Review and revision.--
``(A) In general.--Each State shall periodically
review and, as necessary and subject to subparagraph
(B), revise the management plan of the State in
accordance with guidelines of the Task Force under
paragraph (5).
``(B) Update of existing plans.--A State plan
approved under the section before the date of the
enactment of the National Aquatic Species Act of 2006
shall be revised by the State under guidelines issued
by the Director to conform to the guidelines published
under paragraph (5), but shall be treated as a plan
approved under this subsection for purposes of grants
under this section.
``(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.''.
(f) Grant Program.--Section 1204(b)(1) of the Nonindigenous Aquatic
Nuisance Prevention and Control Act of 1990 (16 U.S.C. 4724(b)(1)) is
amended by striking ``subsection (a) for the implementation of those
plans.'' and inserting the following: ``subsection (a)--
``(A) to develop those plans with a total amount that does
not exceed 10 percent of the amounts made available for grants
under this section for each fiscal year; and
``(B) to implement those plans.''.
SEC. 117. INTERNATIONAL COORDINATION.
Subtitle E of title I 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. 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 1201(f)(2)(B) a description of the means by which
international agreements and regulations with countries that
share a border with the United States will be implemented and
enforced by Federal agencies (including a clarification of the
roles and responsibilities of those agencies).
``(2) Negotiations.--As soon as practicable after the date
of enactment of the Great Lakes Collaboration Implementation
Act, the Secretary of State may enter into negotiations with--
``(A) Canada to issue a request that the
International Joint Commission, by not later than 18
months after the date of enactment of that Act, review,
research, conduct hearings on, and submit to the
parties represented on the International Joint
Commission a report that describes the success of
current policies of governments in the United States
and Canada having jurisdiction over the Great Lakes in
anticipating and preventing biological invasions of the
aquatic ecosystem in the Great Lakes, including--
``(i) an analysis of current Federal, State
or Provincial, local, and international laws,
enforcement practices, and agreements;
``(ii) an analysis of prevention efforts
related to all likely pathways for biological
invasions of the aquatic ecosystem in the Great
Lakes; and
``(iii) recommendations of the
International Joint Commission for means by
which to improve and harmonize the policies and
enforcement practices referred to in clause
(i); and
``(B) Mexico, to ensure coordination of efforts of
the United States with efforts of Mexico to manage
invasive species established in the United States-
Mexico border region.''.
CHAPTER 5--AUTHORIZATION OF APPROPRIATIONS
SEC. 121. 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 2010 through 2014.
``(b) Task Force and Aquatic Nuisance Species Program.--There are
authorized to be appropriated for each of fiscal years 2010 through
2014--
``(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; and
``(4) $1,000,000, to be used by the Director to carry out
section 1105(g).
``(c) International Coordination.--There is authorized to be
appropriated to the Department of State to carry out section 1403
$1,000,000 for each of fiscal years 2010 through 2014.
``(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 2010 through 2014--
``(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 2010 through
2014--
``(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(g).
``(f) Early Detection and Monitoring.--There are 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 2010 and 2011 and $10,000,000 for each of fiscal years
2012 through 2014, of which--
``(1) for each of fiscal years 2010 and 2011--
``(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 2012 through 2014--
``(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) Rapid Response and Environmental Soundness.--
``(1) Rapid response.--There are authorized to be
appropriated for each of fiscal years 2010 through 2014--
``(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.
``(2) 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 2010 through
2014.
``(h) Information, Education, and Outreach.--There are authorized
to be appropriated for each of fiscal years 2010 through 2014--
``(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).''.
CHAPTER 6--CONFORMING AMENDMENTS
SEC. 126. 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.
Subtitle B--Aquatic Invasive Species Research
SEC. 141. FINDINGS.
The Congress makes the following findings:
(1) Aquatic invasive species damage infrastructure, disrupt
commerce, outcompete native species, reduce biodiversity, and
threaten human health.
(2) The direct and indirect costs of aquatic invasive
species to our Nation's economy number in the billions of
dollars per year.
(3) Recent studies have shown that, in addition to economic
damage, invasive species cause enormous environmental damage,
and have cited invasive species as the second leading threat to
endangered species.
(4) Over the past 200 years, the rate of detected marine
and freshwater invasions in North America has increased
exponentially.
(5) The rate of invasions continues to grow each year.
(6) Marine and freshwater research underlies every aspect
of detecting, preventing, controlling, and eradicating invasive
species, educating citizens and stakeholders, and restoring
ecosystems.
(7) Current Federal efforts, including research efforts,
have focused primarily on controlling established invasive
species, which is both costly and often unsuccessful. An
emphasis on research, development, and demonstration to support
efforts to prevent invasive species or eradicate them upon
entry into United States waters would likely result in a more
cost-effective and successful approach to combating invasive
species through preventing initial introduction.
(8) Research, development, and demonstration to support
prevention and eradication includes monitoring of both pathways
and ecosystems to track the introduction and establishment of
nonnative species, and development and testing of technologies
to prevent introduction through known pathways.
(9) Therefore, Congress finds that it is in the United
States interest 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, and to eradicate, these species.
SEC. 142. DEFINITIONS.
In this Act:
(1) Administering agencies.--The term ``administering
agencies'' means--
(A) the National Oceanic and Atmospheric
Administration (including the Great Lakes Environmental
Research Laboratory);
(B) the Smithsonian Institution (acting through the
Smithsonian Environmental Research Center); and
(C) the United States Geological Survey.
(2) Aquatic ecosystem.--The term ``aquatic ecosystem''
means a freshwater, marine, or estuarine environment (including
inland waters, riparian areas, and wetlands) located in the
United States.
(3) Ballast water.--The term ``ballast water'' means any
water (with its suspended matter) used to maintain the trim and
stability of a vessel.
(4) Invasion.--The term ``invasion'' means the introduction
and establishment of an invasive species into an ecosystem
beyond its historic range.
(5) Invasive species.--The term ``invasive species'' means
a species--
(A) that is nonnative to the ecosystem under
consideration; and
(B) whose introduction causes or may cause harm to
the economy, the environment, or human health.
(6) Invasive species council.--The term ``Invasive Species
Council'' means the council established by section 3 of
Executive Order No. 13112 (42 U.S.C. 4321 note).
(7) Pathway.--The term ``pathway'' means 1 or more routes
by which an invasive species is transferred from one ecosystem
to another.
(8) Species.--The term ``species'' means any fundamental
category of taxonomic classification or any viable biological
material ranking below a genus or subgenus.
(9) Task force.--The term ``Task Force'' means the Aquatic
Nuisance Species Task Force established by section 1201(a) of
the Nonindigenous Aquatic Nuisance Prevention and Control Act
of 1990 (16 U.S.C. 4721(a)).
(10) Type approval.--The term ``type approval'' means an
approval procedure under which a type of system is certified as
meeting a standard established pursuant to Federal law for a
particular application.
SEC. 143. COORDINATION AND IMPLEMENTATION.
(a) Coordination.--In carrying out this Act, the administering
agencies shall coordinate with--
(1) appropriate State agencies;
(2) the Fish and Wildlife Service, the Environmental
Protection Agency, and other appropriate Federal agencies; and
(3) the Task Force and Invasive Species Council.
(b) Implementation.--The administering agencies shall enter into a
memorandum of understanding regarding the implementation of this Act,
which shall include the coordination required by subsection (a).
(c) Cooperation.--In carrying out this Act, the administering
agencies shall contract, as appropriate, or otherwise cooperate with
academic researchers.
(d) Structure.--To the extent practicable, the administering
agencies shall carry out this Act working within the organizational
structure of the Task Force and Invasive Species Council.
SEC. 144. ECOLOGICAL AND PATHWAY RESEARCH.
(a) In General.--The administering agencies shall develop and
conduct a marine and fresh-water research program which shall include
ecological and pathway surveys and experimentation to detect nonnative
aquatic species in aquatic ecosystems and to assess rates and patterns
of introductions of nonnative aquatic species in aquatic ecosystems.
The goal of this marine and freshwater research program shall be to
support efforts to prevent the introduction of, detect, and eradicate
invasive species through informing early detection and rapid response
efforts, informing relevant policy decisions, and assessing the
effectiveness of implemented policies to prevent the introduction and
spread of aquatic invasive species. Surveys and experiments under this
subsection shall be commenced not later than 18 months after the date
of the enactment of this Act.
(b) Protocol Development.--The administering agencies shall
establish standardized protocols for conducting ecological and pathway
surveys of nonnative aquatic species under subsection (a) that are
integrated and produce comparable data. Protocols shall, as
practicable, be integrated with existing protocols and data collection
methods. In developing the protocols under this subsection, the
administering agencies shall draw on the recommendations gathered at
the workshop under subsection (g). The protocols shall be peer
reviewed, and revised as necessary. Protocols shall be completed within
1 year after the date of the enactment of this Act.
(c) Ecological and Pathway Survey Requirements.--(1) Each
ecological survey conducted under subsection (a) shall, at a minimum--
(A) document baseline ecological information of the aquatic
ecosystem including, to the extent practicable, a comprehensive
inventory of native species, nonnative species, and species of
unknown origin present in the ecosystem, as well as the
chemical and physical characteristics of the water and
underlying substrate;
(B) for nonnative species, gather information to assist in
identifying their life history, environmental requirements and
tolerances, the historic range of their native ecosystems, and
their history of spreading from their native ecosystems;
(C) track the establishment of nonnative species including
information about the estimated abundance of nonnative
organisms in order to allow an analysis of the probable date of
introduction of the species; and
(D) identify the likely pathway of entry of nonnative
species.
(2) Each pathway survey conducted under this section shall, at a
minimum--
(A) identify what nonnative aquatic species are being
introduced or may be introduced through the pathways under
consideration;
(B) determine the quantities of organisms being introduced
through the pathways under consideration; and
(C) determine the practices that contributed to or could
contribute to the introduction of nonnative aquatic species
through the pathway under consideration.
(d) Number and Location of Survey Sites.--The administering
agencies shall designate the number and location of survey sites
necessary to carry out marine and freshwater research required under
this section. In establishing sites under this subsection or subsection
(e), emphasis shall be on the geographic diversity of sites, as well as
the diversity of the human uses and biological characteristics of
sites.
(e) Competitive Grant Program.--The National Oceanic and
Atmospheric Administration and the United States Geological Survey
shall jointly administer a program to award competitive, peer-reviewed
grants to academic institutions, State agencies, and other appropriate
groups, in order to assist in carrying out subsection (a), and shall
include to the maximum extent practicable diverse institutions,
including Historically Black Colleges and Universities and those
serving large proportions of Hispanics, Native Americans, Asian-Pacific
Americans, or other underrepresented populations.
(f) Ship Pathway Surveys.--Section 1102(b)(2)(B)(ii) of the
Nonindigenous Aquatic Nuisance Prevention and Control Act of 1990 (16
U.S.C. 4712(b)(2)(B)(ii)) is amended to read as follows:
``(ii) examine other potential modes for
the introduction of nonnative aquatic species
by ship, including hull fouling.''.
(g) Workshop.--In order to support the development of the protocols
and design for the surveys under subsections (b) and (c), and to
determine how to obtain consistent, comparable data across a range of
ecosystems, the administering agencies shall convene at least one
workshop with appropriate researchers and representatives involved in
the management of aquatic invasive species from Federal and State
agencies and academic institutions to gather recommendations. The
administering agencies shall make the results of the workshop widely
available to the public. The workshop shall be held within 180 days
after the date of the enactment of this Act.
(h) Experimentation.--The administering agencies shall conduct
research to identify the relationship between the introduction and
establishment of nonnative aquatic species, including those legally
introduced, and the circumstances necessary for those species to become
invasive.
(i) National Pathway and Ecological Surveys Database.--
(1) In general.--The United States Geological Survey shall
develop, maintain, and update, in consultation and cooperation
with the Smithsonian Institution (acting through the
Smithsonian Environmental Research Center), the National
Oceanic and Atmospheric Administration, and the Task Force, a
central, national database of information concerning
information collected under this section.
(2) Requirements.--The database shall--
(A) be widely available to the public;
(B) be updated not less than once a quarter;
(C) be coordinated with existing databases, both
domestic and foreign, collecting similar information;
and
(D) be, to the maximum extent practicable,
formatted such that the data is useful for both
researchers and Federal and State employees managing
relevant invasive species programs.
SEC. 145. ANALYSIS.
(a) Invasion Analysis.--
(1) In general.--Not later than 3 years after the date of
the enactment of this Act, and every year thereafter, the
administering agencies shall analyze data collected under
section 144 and other relevant research on the rates and
patterns of invasions by aquatic invasive species in waters of
the United States. The purpose of this analysis shall be to use
the data collected under section 144 and other relevant
research to support efforts to prevent the introduction of,
detect, and eradicate invasive species through informing early
detection and rapid response efforts, informing relevant policy
decisions, and assessing the effectiveness of implemented
policies to prevent the introduction and spread of invasive
species.
(2) Contents.--The analysis required under paragraph (1)
shall include with respect to aquatic invasive species--
(A) an analysis of pathways, including--
(i) identifying, and characterizing as
high, medium, or low risk, pathways regionally
and nationally;
(ii) identifying new and expanding
pathways;
(iii) identifying handling practices that
contribute to the introduction of species in
pathways; and
(iv) assessing the risk that species
legally introduced into the United States pose
for introduction into aquatic ecosystems;
(B) patterns and rates of invasion and
susceptibility to invasion of various bodies of water;
(C) how the risk of establishment through a pathway
is related to the identity and number of organisms
transported;
(D) rates of spread and numbers and types of
pathways of spread of new populations of the aquatic
invasive species and an estimation of the potential
spread and distribution of newly introduced invasive
species based on their environmental requirements and
historical distribution;
(E) documentation of factors that influence an
ecosystem's vulnerability to a nonnative aquatic
species becoming invasive;
(F) a description of the potential for, and impacts
of, pathway management programs on invasion rates;
(G) recommendations for improvements in the
effectiveness of pathway management;
(H) to the extent practical, a determination of the
level of reduction in live organisms of various
taxonomic groups required to reduce the risk of
establishment to receiving aquatic ecosystems to an
acceptable level; and
(I) an evaluation of the effectiveness of
management actions (including any standard) at
preventing nonnative species introductions and
establishment.
(b) Research To Assess the Potential of the Establishment of
Introduced Species.--Within 2 years after the date of the enactment of
this Act, the administering agencies shall develop a profile, based on
the general characteristics of invasive species and vulnerable
ecosystems, in order to predict, to the extent practical, whether a
species planned for importation is likely to invade a particular
aquatic ecosystem if introduced. In developing the profile, the above
agencies shall analyze the research conducted under section 144, and
other research as necessary, to determine general species and ecosystem
characteristics (taking into account the opportunity for introduction
into any ecosystem) and circumstances that can lead to establishment.
Based on the profile, the Task Force shall make recommendations to the
Invasive Species Council as to what planned importations of nonnative
aquatic organisms should be restricted. This profile shall be peer-
reviewed.
(c) Authorization of Appropriations.--There are authorized to be
appropriated for carrying out this section and section 144, and section
1102(b)(2) of the Nonindigenous Aquatic Nuisance Prevention and Control
Act of 1990 (16 U.S.C. 4712(b)(2)) for each of the fiscal years 2010
through 2014--
(1) $4,000,000 for the Smithsonian Environmental Research
Center;
(2) $11,000,000 for the United States Geological Survey
(including activities through the Cooperative Fish and Wildlife
Research Program), of which $6,500,000 shall be for the grant
program under section 144(e), and of which $500,000 shall be
for developing, maintaining, and updating the database under
section 144(i); and
(3) $10,500,000 for the National Oceanic and Atmospheric
Administration, of which $6,500,000 shall be for the grant
program under section 144(e).
SEC. 146. DISSEMINATION.
(a) In General.--The Invasive Species Council, in coordination with
the Task Force and the administering agencies, shall be responsible for
disseminating the information collected under this Act to the public,
including Federal, State, and local entities, relevant policymakers,
and private researchers with responsibility over or interest in aquatic
invasive species.
(b) Report to Congress.--Not later than 3 years after the date of
the enactment of this Act, the Invasive Species Council shall report
actions and findings under section 145 to the Congress, and shall
update this report once every 3 years thereafter, or more often as
necessary.
(c) Response Strategy.--The Invasive Species Council, in
coordination with the Task Force, the administering agencies, and other
appropriate Federal and State agencies, shall develop and implement a
national strategy for how information collected under this Act will be
shared with Federal, State, and local entities with responsibility for
determining response to the introduction of potentially invasive
aquatic species, to enable those entities to better and more rapidly
respond to such introductions.
(d) Pathway Practices.--The Invasive Species Council, in
coordination with the Task Force and the administering agencies, shall
disseminate information to, and develop an ongoing educational program
for, pathway users (including vendors and customers) on how their
practices could be modified to prevent the intentional or unintentional
introduction of nonnative aquatic species into aquatic ecosystems.
(e) Authorization of Appropriations.--There are authorized to be
appropriated to the Secretary of the Interior for each of the fiscal
years 2010 through 2014 $500,000 for the Invasive Species Council for
carrying out this section.
SEC. 147. TECHNOLOGY DEVELOPMENT, DEMONSTRATION, AND VERIFICATION.
(a) Environmentally Sound Technology Development, Demonstration,
and Verification.--
(1) Grant program.--Not later than 1 year after the date of
the enactment of this Act, the Environmental Protection Agency,
acting through the Office of Research and Development, in
consultation with the Army Corps of Engineers, the
administering agencies, and the Task Force, shall develop and
begin administering a grant program to fund research,
development, demonstration, and verification of environmentally
sound cost-effective technologies and methods to control and
eradicate aquatic invasive species.
(2) Purposes.--Proposals funded under this subsection
shall--
(A) seek to support Federal, State, or local
officials' ongoing efforts to control and eradicate
aquatic invasive species in an environmentally sound
manner;
(B) increase the number of environmentally sound
technologies or methods Federal, State, or local
officials may use to control or eradicate aquatic
invasive species;
(C) provide for demonstration or dissemination of
the technology or method to potential end-users; and
(D) verify that any technology or method meets any
appropriate criteria developed for effectiveness and
environmental soundness by the Environmental Protection
Agency.
(3) Preference.--The Administrator of the Environmental
Protection Agency shall give preference to proposals that will
likely meet any appropriate criteria developed for
environmental soundness by the Environmental Protection Agency.
(4) Merit review.--Grants shall be awarded under this
subsection through a competitive, peer-reviewed process.
(5) Report.--Not later than 3 years after the date of the
enactment of this Act, the Administrator of the Environmental
Protection Agency shall prepare and submit a report to Congress
on the program conducted under this subsection. The report
shall include findings and recommendations of the Administrator
with regard to technologies and methods.
(b) Ship Pathway Technology Demonstration.--
(1) Reauthorization of program.--Section 1301(e) of the
Nonindigenous Aquatic Nuisance Prevention and Control Act of
1990 (16 U.S.C. 4741(e)) is amended by striking ``$2,500,000''
and inserting ``$7,500,000 for each of the fiscal years 2010
through 2014''.
(2) Expansion of program.--Section 1104(b) of the
Nonindigenous Aquatic Nuisance Prevention and Control Act of
1990 (16 U.S.C. 4714(b)) is amended--
(A) by redesignating paragraphs (4) and (5) as
paragraphs (5) and (6), respectively; and
(B) by inserting after paragraph (3) the following
new paragraph:
``(4) Additional purposes.--The Secretary of the Interior
and the Secretary of Commerce may also demonstrate and verify
technologies under this subsection to monitor and control
pathways of organism transport on ships other than through
ballast water.''.
(3) Criteria and workshop.--Section 1104 of the
Nonindigenous Aquatic Nuisance Prevention and Control Act of
1990 (16 U.S.C. 4714) is amended by adding at the end the
following new subsections:
``(d) Criteria.--When issuing grants under this section, the
National Oceanic and Atmospheric Administration shall give preference
to those technologies that will likely meet the criteria laid out in
any testing protocol developed by the Environmental Protection Agency
Office of Research and Development's Environmental Technology
Verification Program.
``(e) Workshop.--The National Oceanic and Atmospheric
Administration shall hold an annual workshop of principal investigators
funded under this section and researchers conducting research directly
related to ship pathway technology development, for information
exchange, and shall make the proceedings widely available to the
public.''.
(c) Authorization of Appropriations.--There are authorized to be
appropriated for each of the fiscal years 2010 through 2014 $2,500,000
for the Environmental Protection Agency to carry out subsection (a).
SEC. 148. RESEARCH TO SUPPORT THE SETTING AND IMPLEMENTATION OF SHIP
PATHWAY STANDARDS.
(a) Research Program.--The Coast Guard and the Environmental
Protection Agency, in coordination with the National Oceanic and
Atmospheric Administration, the Task Force, and other appropriate
Federal agencies and academic researchers, shall develop a coordinated
research program to support the promulgation and implementation of
standards to prevent the introduction and spread of invasive species by
ships that shall include--
(1) characterizing physical, chemical, and biological
harbor conditions relevant to ballast discharge into United
States waters to inform the design and implementation of ship
vector control technologies and practices;
(2) developing testing protocols for determining the
effectiveness of vector monitoring and control technologies and
practices;
(3) researching and demonstrating methods for mitigating
the spread of invasive species by coastal voyages, including
exploring the effectiveness of alternative exchange zones in
the near coastal areas and other methods proposed to reduce
transfers of organisms;
(4) verifying the practical effectiveness of any type
approval process to ensure that the process produces repeatable
and accurate assessments of treatment effectiveness; and
(5) evaluating the effectiveness and residual risk and
environmental impacts associated with any standard set with
respect to the ship pathway through experimental research.
(b) Working Group.--Not later than 2 years after the issuance by
the Coast Guard of any standard relating to the introduction by ships
of invasive species, the Coast Guard shall convene a working group
including the Environmental Protection Agency, the administering
agencies, and other appropriate Federal and State agencies and academic
researchers, to evaluate the effectiveness of that standard and
accompanying implementation protocols. The duties of the working group
shall, at a minimum, include--
(1) reviewing the effectiveness of the standard in reducing
the establishment of invasive species in aquatic ecosystems,
taking into consideration the data collected under section 144;
and
(2) developing recommendations to the Coast Guard for the
revision of such standard and type approval process to ensure
effectiveness in reducing introductions and accurate shipboard
monitoring of treatment performance that is simple and
streamlined, which shall be made widely available to the
public.
(c) Authorization of Appropriations.--There are authorized to be
appropriated for each of the fiscal years 2010 through 2014 $1,500,000
for the Coast Guard and $1,500,000 for the Environmental Protection
Agency to carry out subsection (a).
SEC. 149. RESEARCH IN SYSTEMATICS AND TAXONOMY.
(a) In General.--The National Science Foundation shall establish a
program to award grants to researchers at institutions of higher
education and museums to carry out research programs in systematics and
taxonomy.
(b) Goals.--The goals of the program under this section are to--
(1) encourage scientists to pursue careers in systematics
and taxonomy to ensure a continuing knowledge base in these
disciplines;
(2) ensure that there will be adequate expertise in
systematics and taxonomy to support Federal, State, and local
needs to identify species;
(3) develop this expertise throughout the United States
with an emphasis on regional diversity; and
(4) draw on existing expertise in systematics and taxonomy
at institutions of higher education and museums to train the
next generation of systematists and taxonomists.
(c) Criteria.--Grants shall be awarded under this section on a
merit-reviewed competitive basis. Emphasis shall be placed on funding
proposals in a diverse set of ecosystems and geographic locations, and,
when applicable, integrated with the United States Long Term Ecological
Research Network. Preference shall be given to proposals that will
include student participation, and to institutions and museums that
actively train students to become experts in taxonomy and systematics.
(d) Authorization of Appropriations.--There are authorized to be
appropriated to the National Science Foundation for carrying out this
section $2,500,000 for each of the fiscal years 2010 through 2014.
SEC. 150. STATE PROGRAMS.
(a) Plan.--The administering agencies, in cooperation with the
appropriate State agencies, shall develop a plan to--
(1) conduct a survey of methods States and Federal agencies
are using to control or eradicate aquatic invasive species;
(2) facilitate the exchange of information among States and
Federal agencies on methods States or Federal agencies have
found to be effective at controlling or eradicating aquatic
invasive species and the costs of those methods; and
(3) evaluate the cost-effectiveness of the various methods
States and Federal agencies are using to control or eradicate
aquatic invasive species.
(b) Report.--Not later than one year after the date of enactment of
this Act, the administering agencies shall jointly transmit to the
Congress the plan described in subsection (a) and the expected costs of
carrying out the plan.
Subtitle C--Invasive Species Council
SEC. 161. SHORT TITLE.
This subtitle may be cited as the ``National Invasive Species
Council Act''.
SEC. 162. STATEMENT OF POLICY REGARDING FEDERAL DUTIES.
(a) In General.--No Federal agency may authorize, fund, or carry
out any action that would likely cause or promote the introduction or
spread of an invasive species in the United States or any other
location, unless the head of the Federal agency, at his or her sole
discretion and pursuant to guidelines developed under subsection (b),
determines that--
(1) the benefits of the action under consideration clearly
outweigh the potential harm to the environment, economy, or
human health caused by the introduction or spread of the
invasive species; and
(2) all feasible and prudent measures to minimize risk of
harm to the environment, economy, or human health will be taken
in carrying out the actions.
(b) Guidelines.--The Council for Environmental Quality, in
conjunction with the Invasive Species Council, shall develop guidelines
for Federal agencies to analyze actions pursuant to this section.
SEC. 163. NATIONAL INVASIVE SPECIES COUNCIL.
(a) Establishment.--There is established as an independent entity
within the executive branch the National Invasive Species Council. The
Council shall provide leadership and coordination among Federal
agencies, and between the Federal Government and State and local
governments, with respect to effort to minimize the economic,
ecological, and human health impacts that invasive species cause and
reduce the threat of further invasions.
(b) Membership.--
(1) In general.--The Council shall consist of the following
members:
(A) The Secretary of the Interior.
(B) The Secretary of Agriculture.
(C) The Secretary of Commerce.
(D) The Secretary of State.
(E) The Secretary of the Treasury.
(F) The Secretary of Defense.
(G) The Secretary of Transportation.
(H) The Secretary of Health and Human Services.
(I) The Administrator of the Environmental
Protection Agency.
(J) The Administrator of the United States Agency
for International Development.
(K) Such additional members as may be appointed
under paragraph (2).
(2) Additional members.--With the concurrence of a majority
of the members of the Council, the Chair of the Council may
appoint additional members to the Council from among
individuals who are officers or employees of the Federal
Government with significant responsibilities concerning
invasive species.
(c) Chair.--The Secretary of the Interior shall serve as chair of
the Council for the 3-year period beginning on the date of the
enactment of this Act. Thereafter, the chair shall rotate every 3 years
among the following members, in the order stated:
(1) The Secretary of Agriculture.
(2) The Secretary of Commerce.
(3) The Secretary of the Interior.
(d) Meetings.--The Council shall meet at least semiannually, at the
call of the chair.
(e) Executive Director.--
(1) Appointment.--The President shall appoint the Executive
Director of the Council, by and with the advice and consent of
the Senate.
(2) Consultation.--Before appointing an individual under
paragraph (1), the President shall consult with the Secretary
of the Interior, the Secretary of Agriculture, and the
Secretary of Commerce.
(3) Qualifications.--An individual appointed under this
subsection must have legal or scientific experience and
training in the area of natural resources, ecology, or
agriculture, and experience in dealing with public policy
matters regarding aquatic and terrestrial invasive species.
(4) Term.--The Executive Director of the Council shall
serve a term of six years, unless removed earlier by the
President.
(5) Compensation.--The Executive Director shall be paid at
the maximum rate of basic pay for GS-15 of the General
Schedule.
SEC. 164. DUTIES.
(a) In General.--The Council shall ensure that Federal agency
efforts concerning invasive species are coordinated, effective,
complementary, and cost-efficient.
(b) Specific Functions.--To carry out subsection (a) the Council
shall perform the following functions:
(1) Coordinate with existing organizations addressing
invasive species, such as the Aquatic Nuisance Species Task
Force, the Federal Interagency Committee for the Management of
Noxious and Exotic Weeds, regional panels established under the
Nonindigenous Aquatic Nuisance Prevention and Control Act of
1990 (16 U.S.C. 4701 et seq.), and the White House Office of
Science and Technology Policy, to implement the National
Management Plan.
(2) Develop recommendations for international cooperation
between Federal and State Governments and other nations on
tools, policies, and methods to prevent the introduction and
export of invasive species into and from, respectively, the
United States.
(3) Develop guidelines for Federal agency efforts to ensure
that Federal programs concerning invasive species, including
outreach programs, are coordinated with State, local, and
tribal governments.
(4) Develop, in consultation with the Council on
Environmental Quality, guidance to Federal agencies pursuant to
the National Environmental Policy Act of 1969 (42 U.S.C. 4321
et seq.) on prevention, control, and eradication of invasive
species.
(5) Establish and maintain a publicly accessible,
coordinated, up-to-date information sharing system that--
(A) allows the access to and exchange of
information among Federal agencies and the public; and
(B) utilizes, to the greatest extent practicable,
the Internet.
(6) Ensure that Federal agencies implement the plans,
programs, and policies adopted by the Council in the National
Management Plan through appropriate actions, including working
in cooperation with Federal agencies on development of budgets
pursuant to the President's annual budget submission to the
Congress.
(7) Evaluate Federal programs that are likely to cause or
promote the introduction or spread of invasive species in the
United States, and recommend actions Federal agencies can take
to minimize the risk of introductions or further spread of
invasive species.
(8) Develop and submit to the appropriate Committees of the
House of Representatives and Senate and the Director of the
Office of Management and Budget an annual list of priorities,
ranked in high, medium, and low categories, of Federal efforts
and programs in the following areas:
(A) Prevention.
(B) Eradication.
(C) Control.
(D) Monitoring.
(E) Research.
(F) Outreach.
SEC. 165. NATIONAL INVASIVE SPECIES MANAGEMENT PLAN.
(a) Development.--
(1) In general.--The Council shall develop a National
Invasive Species Management Plan that details and recommends
performance-oriented goals and specific measures of success for
carrying out each of the Federal agency activities related to
invasive species.
(2) Development process.--The National Management Plan
shall be developed through a public process and in consultation
with Federal agencies, appropriate State and local entities,
and other appropriate stakeholders.
(3) Contents.--The National Management Plan shall include
recommendations of effective, cost-efficient, environmentally
sound, and science-based approaches for the following:
(A) Prevention of the introduction of invasive
species, including approaches for identifying pathways
by which invasive species are introduced and for
minimizing the risk of introductions via those
pathways. Recommended approaches under this
subparagraph shall provide for--
(i) a process to evaluate risks associated
with the introduction and spread of invasive
species; and
(ii) a coordinated and systematic risk-
based process to identify, monitor, and
interdict pathways that may be involved in the
introduction of invasive species.
(B) Cooperating with other nations to increase
their capacity to control their invasive species and to
prevent the spread of invasive species across
international borders.
(C) Rapidly detecting and responding to incipient
invasions of invasive species.
(D) Managing new and established populations of
invasive species by eradicating them or controlling
their spread.
(E) Accurately and reliably monitoring new and
established populations of invasive species.
(F) Restoring native species and habitat conditions
in ecosystems that have been invaded by invasive
species.
(G) Evaluating and documenting the impacts of
invasive species on the economy, the environment, and
human health.
(H) Conducting research on the matters referred to
in subparagraphs (A) through (F).
(I) Developing technologies to prevent the
introduction and provide for the management of invasive
species.
(J) Promoting public education on invasive species
and the means to address them.
(4) Identification of needed personnel, etc.--The National
Management Plan shall identify the personnel, other resources,
and additional levels of coordination needed to achieve the
goals included in the plan.
(b) Existing Plan.--The Management Plan of the National Invasive
Species Council adopted in 2001 shall be treated as the National
Management Plan required under subsection (a) until the date of the
issuance of the National Management plan in accordance with subsection
(c).
(c) Issuance and Update of National Management Plan.--The Council
shall--
(1) issue the National Management Plan required under
subsection (a) by not later than December 31, 2010;
(2) update the National Management Plan by not later than
December 31 biennially; and
(3) concurrently with the process of updating the National
Management Plan, evaluate and report to the Congress on success
in achieving the goals set forth in the National Management
Plan.
(d) Agency Reports.--Within 18 months after the date of the
issuance of any edition of the National Management Plan that recommends
action by a Federal agency, the head of such agency shall report to the
Congress any of such actions that the agency has not taken, with an
explanation of why the action is not feasible.
SEC. 166. INVASIVE SPECIES ADVISORY COMMITTEE.
(a) In General.--The Council shall have an advisory committee to
provide information and advice for consideration by the Council, which
shall be known as the Invasive Species Advisory Committee. Except as
otherwise provided in this section, the advisory committee shall be
organized, perform the functions, and have the authorities specified in
the charter for such advisory committee signed by the Secretary of the
Interior on October 30, 2001.
(b) Appointment.--Members of the advisory committee shall be
appointed by the chair of the Council, after consultation with the
other members of the Council, from among individuals representing
stakeholders with respect to Federal programs for minimizing the
economic, ecological, and human health impacts that invasive species
cause.
(c) Functions.--In addition to the functions specified in the
charter referred to in subsection (a), the advisory committee shall
recommend to the Council plans and actions at local, tribal, State,
regional, and ecosystem-based levels to achieve the goals of the
National Management Plan required under 165.
(d) Continuing Operation of Existing Committee.--Any advisory
committee appointed before the date of the enactment of this Act
pursuant to the charter referred to in subsection (a) may continue in
effect under this section.
SEC. 167. BUDGET CROSSCUT.
The Director of the Office of Management and Budget shall prepare
and submit to the Congress and the Council, by not later than March 31,
2010, and of each year thereafter, a budget analysis and summary of all
Federal programs relating to invasive species.
SEC. 168. DEFINITIONS.
In this Act:
(1) Council.--The term ``Council'' means the National
Invasive Species Council established by section 163(a).
(2) Invasive species.--The term ``invasive species'' means
a species--
(A) that is nonnative to the ecosystem under
consideration; and
(B) the introduction of which causes or may cause
harm to the economy, the environment, or human health.
(3) National management plan.--The term ``National
Management Plan'' means the National Invasive Species
Management Plan developed by the Council under section 165(a).
(4) Species.--The term ``species'' means a category of
taxonomic classification ranking below a genus or subgenus and
consisting of related organisms capable of interbreeding.
SEC. 169. EXISTING EXECUTIVE ORDER.
Executive Order 13112, dated February 3, 1999, shall have no force
or effect.
SEC. 170. AUTHORIZATION OF APPROPRIATIONS.
There is authorized to be appropriated to carry out this Act
$2,000,000 for each of fiscal years 2010 through 2014.
TITLE II--COASTAL HEALTH
SEC. 201. TECHNICAL ASSISTANCE.
(a) Technical Assistance for Rural and Small Treatment Works.--
Section 104(b) of the Federal Water Pollution Control Act (33 U.S.C.
1254(b)) is amended--
(1) by redesignating paragraphs (1) through (7) as
subparagraphs (A) through (G), respectively, and indenting the
subparagraphs appropriately;
(2) by striking ``(b) In carrying out'' and inserting the
following:
``(b) Authorized Activities.--
``(1) In general.--In carrying out'';
(3) in paragraph (1) (as designated by paragraph (2))--
(A) by striking ``paragraph (1) of subsection (a)''
each place it appears and inserting ``subsection
(a)(1)'';
(B) in subparagraph (C) (as redesignated by
paragraph (1)), by striking ``of this section'';
(C) in subparagraph (F) (as redesignated by
paragraph (1)), by striking ``thereof; and'' and
inserting ``of the effects;'';
(D) in subparagraph (G) (as redesignated by
paragraph (1)), by striking the period at the end and
inserting ``; and''; and
(E) by adding at the end the following:
``(H) make grants to nonprofit organizations--
``(i) to provide technical assistance to
rural and small municipalities for the purpose
of assisting, in consultation with the State in
which the assistance is provided, the
municipalities in the planning, development,
and acquisition of financing for wastewater
infrastructure assistance;
``(ii) to capitalize revolving loan funds
for the purpose of providing loans, in
consultation with the State in which the
assistance is provided and in accordance with
paragraph (2), to rural and small
municipalities for--
``(I) predevelopment costs
associated with wastewater
infrastructure projects; and
``(II) short-term costs incurred
for the replacement of equipment that
is not part of a regular operation or
maintenance activity for an existing
wastewater system;
``(iii) to provide technical assistance and
training for rural and small publicly owned
treatment works and decentralized wastewater
treatment systems to enable the treatment works
and systems to--
``(I) protect water quality; and
``(II) achieve and maintain
compliance with the requirements of
this Act; and
``(iv) to disseminate information to rural
and small municipalities and municipalities
that meet the affordability criteria
established by the State in which the
municipality is located under section 603(i)(2)
with respect to planning, design, construction,
and operation of publicly owned treatment works
and decentralized wastewater treatment
systems.''; and
(4) by adding at the end the following:
``(2) Loan conditions.--
``(A) In general.--A loan provided under paragraph
(1)(H)(ii) shall--
``(i) be provided at a below-market
interest rate;
``(ii) be provided in an amount not to
exceed $100,000; and
``(iii) extend for a term of not more than
10 years.
``(B) Repayment.--Repayment of a loan provided
under paragraph (1)(H)(ii) shall be credited to the
water pollution control revolving loan fund of the
appropriate State under section 603.''.
(b) Authorization of Appropriations.--Section 104(u) of the Federal
Water Pollution Control Act (33 U.S.C. 1254(u)) is amended--
(1) by striking ``(u) There is authorized to be
appropriated (1) not'' and inserting the following:
``(u) Authorization of Appropriations.--There are authorized to be
appropriated--
``(1) not'';
(2) in paragraph (1), by striking ``provisions; (2) not''
and inserting the following: ``provisions;
``(2) not'';
(3) in paragraph (2), by striking ``subsection (g)(1); (3)
not'' and inserting the following: ``subsection (g)(1);
``(3) not'';
(4) in paragraph (3), by striking ``subsection (g)(2); (4)
not'' and inserting the following: ``subsection (g)(2);
``(4) not'';
(5) in paragraph (4), by striking ``subsection (p); (5)
not'' and inserting the following: ``subsection (p);
``(5) not'';
(6) in paragraph (5), by striking ``subsection (r); and (6)
not'' and inserting the following: ``subsection (r);
``(6) not'';
(7) in paragraph (6), by striking the period at the end and
inserting ``; and''; and
(8) by adding at the end the following:
``(7) for each of fiscal years 2010 through 2014, not more
than $75,000,000 to carry out subparagraphs (C) and (H) of
subsection (b)(1), of which, during any fiscal year--
``(A) not less than 20 percent shall be used to
carry out subsection (b)(1)(H); and
``(B) not more than \1/3\ of the amount used under
subparagraph (A) shall be used to carry out subsection
(b)(1)(H)(ii).''.
(c) Competitive Procedures for Awarding Grants.--Section 104 of the
Federal Water Pollution Control Act (33 U.S.C. 1254) is amended by
adding at the end the following:
``(w) Competitive Procedures for Awarding Grants.--The
Administrator shall establish procedures that promote competition and
openness, to the maximum extent practicable, in the award of grants to
nonprofit private agencies, institutions, and organizations under this
section.''.
SEC. 202. SEWER OVERFLOW CONTROL GRANTS.
Section 221 of the Federal Water Pollution Control Act (33 U.S.C.
1301) is amended by striking subsection (c) and inserting the
following:
``(c) Definition of Financially Distressed Community.--A
financially distressed community referred to in subsection (b) is a
community that meets the affordability criteria established by the
State in which the community is located under section 603(i)(2).''.
SEC. 203. WATER POLLUTION CONTROL REVOLVING LOAN FUNDS.
(a) Extended Payment Period.--Section 603(d)(1) of the Federal
Water Pollution Control Act (33 U.S.C. 1383(d)(1)) is amended--
(1) in subparagraph (A), by striking ``20 years;'' and
inserting the following: ``the lesser of--
``(i) the design life of the project to be
financed using the proceeds of the loan; or
``(ii) 30 years;''; and
(2) in subparagraph (B), by striking ``not later than 20
years after project completion'' and inserting ``on the
expiration of the term of the loan''.
(b) Technical and Planning Assistance for Small Systems.--Section
603(d) of the Federal Water Pollution Control Act (33 U.S.C. 1383(d))
is amended--
(1) in paragraph (6), by striking ``and'' at the end;
(2) in paragraph (7), by striking the period at the end and
inserting ``; and''; and
(3) by adding at the end the following:
``(8) with respect to municipalities and intermunicipal,
interstate, and State agencies seeking assistance under this
title that serve a population of 20,000 or fewer, to provide to
owners and operators of small treatment works, in an amount not
to exceed 2 percent of the amount of total grant awards made
under this title--
``(A) technical and planning assistance; and
``(B) assistance relating to--
``(i) financial management;
``(ii) user fee analysis;
``(iii) budgeting;
``(iv) capital improvement planning;
``(v) facility operation and maintenance;
``(vi) repair schedules; and
``(vii) other activities to improve
wastewater treatment plant management and
operations.''.
(c) Additional Subsidization.--Section 603 of the Federal Water
Pollution Control Act (33 U.S.C. 1383) is amended by adding at the end
the following:
``(i) Additional Subsidization.--
``(1) In general.--In any case in which a State provides
assistance to a municipality or an intermunicipal, interstate,
or State agency under subsection (d), the State may provide
additional subsidization, including forgiveness of principal
and negative interest loans--
``(A) to benefit a municipality that--
``(i) meets the affordability criteria of
the State established under paragraph (2); or
``(ii) does not meet the criteria
established under paragraph (2), if the
municipality--
``(I) seeks additional
subsidization to benefit individual
ratepayers in the residential user rate
class;
``(II) demonstrates to the State
that the ratepayers described in
subclause (I) will experience a
significant hardship on the increase in
rates required to finance the project
or activity for which the assistance is
sought; and
``(III) ensures, as part of an
agreement between the State and the
recipient, that the additional
subsidization provided under this
paragraph will be directed to those
ratepayers through a user charge rate
system (or another appropriate method);
and
``(B) to implement alternative processes,
materials, and techniques (including nonstructural
protection of surface waters, new or improved methods
of waste treatment, and pollutant trading) that may
result in cost savings or increased environmental
benefit when compared to standard processes, materials,
and techniques.
``(2) Affordability criteria.--
``(A) Establishment.--
``(i) In general.--Not later than September
30, 2009, after providing notice and an
opportunity for public comment, a State shall
establish affordability criteria to assist the
State in identifying municipalities that would
experience a significant hardship on the
increase in rates required to finance a project
or activity that is eligible for assistance
under subsection (c)(1) if additional
subsidization under paragraph (1) is not
provided.
``(ii) Factors for consideration.--In
establishing criteria under clause (i), a State
shall take into consideration--
``(I) income data;
``(II) population trends; and
``(III) any other data the State
determines to be relevant.
``(B) Existing criteria.--If a State has
established, after providing notice and an opportunity
for public comment, criteria in accordance with
subparagraph (A) before the date of enactment of this
subsection, the criteria shall be considered to be
affordability criteria established under that
subparagraph.
``(C) Information to assist states.--The
Administrator may publish information to assist States
in establishing affordability criteria under
subparagraph (A).
``(3) Priority.--In providing assistance under this
subsection, a State may give priority to any owner or operator
of a project or activity that--
``(A) is eligible to receive funding under
subsection (c)(1); and
``(B) is located in a municipality that meets the
affordability criteria established under paragraph (2).
``(4) Set-aside.--
``(A) In general.--For any fiscal year during which
more than $1,400,000,000 is made available to the
Administrator to carry out this title, a State shall
provide additional subsidization under this subsection
in the amount described in subparagraph (B) to entities
described in paragraph (1) for projects and activities
identified in the intended use plan of the State under
section 606(c) on receipt of an application for
additional subsidization.
``(B) Amount.--The amount referred to in
subparagraph (A) is an amount not less than 25 percent
of the difference between--
``(i) the total amount that would have been
allotted to the State under section 604 during
the appropriate fiscal year, if the amount made
available to the Administrator to carry out
this title during that fiscal year was equal to
$1,400,000,000; and
``(ii) the total amount allotted to the
State under section 604 for that fiscal year.
``(5) Limitation.--The total amount of additional
subsidization provided by a State under this subsection shall
not exceed 30 percent of the total amount of capitalization
grants received by the State under this title for fiscal years
beginning after September 30, 2009.''.
SEC. 204. ALLOTMENT OF FUNDS.
(a) In General.--Section 604 of the Federal Water Pollution Control
Act (33 U.S.C. 1384) is amended by striking subsection (a) and
inserting the following:
``(a) Allotments.--
``(1) Fiscal years 2010 and 2011.--Amounts made available
to carry out this title for fiscal years 2000 and 2010 shall be
allotted by the Administrator in accordance with the formula
used to calculate allotments for fiscal year 2009.
``(2) Fiscal year 2012 and thereafter.--Amounts made
available to carry out this title for fiscal year 2012 and each
fiscal year thereafter shall be allotted by the Administrator
during each fiscal year--
``(A) for amounts up to $1,350,000,000, in
accordance with the formula used to calculate
allotments for fiscal year 2009; and
``(B) for any amount in excess of $1,350,000,000,
in accordance with the formula developed by the
Administrator under subsection (d).''.
(b) Planning Assistance.--Section 604(b) of the Federal Water
Pollution Control Act (33 U.S.C. 1384(b)) is amended by striking ``1
percent'' and inserting ``2 percent''.
(c) Formula.--Section 604 of the Federal Water Pollution Control
Act (33 U.S.C. 1384) is amended by adding at the end the following:
``(d) Formula Based on Water Quality Needs.--Not later than
September 30, 2009, after providing notice and an opportunity for
public comment, the Administrator shall publish an allotment formula
for purposes of subsection (a)(2)(B) based on water quality needs, to
be determined by the Administrator in accordance with the most recent
survey of needs developed by the Administrator under section 516.''.
SEC. 205. AUTHORIZATION OF APPROPRIATIONS.
Section 607 of the Federal Water Pollution Control Act (33 U.S.C.
1387) is amended to read as follows:
``SEC. 607. AUTHORIZATION OF APPROPRIATIONS.
``There are authorized to be appropriated to carry out this title--
``(1) $2,000,000,000 for fiscal year 2010;
``(2) $3,000,000,000 for fiscal year 2011;
``(3) $4,000,000,000 for fiscal year 2012;
``(4) $5,000,000,000 for fiscal year 2013; and
``(5) $6,000,000,000 for fiscal year 2014.''.
TITLE III--AREAS OF CONCERN
SEC. 301. REMEDIATION OF SEDIMENT CONTAMINATION IN AREAS OF CONCERN.
Section 118(c)(12)(H) of the Federal Water Pollution Control Act
(33 U.S.C. 1268(c)(12)(H)) is amended by striking clause (i) and
inserting the following:
``(i) In general.--In addition to other
amounts authorized to be appropriated to carry
out this section, there is authorized to be
appropriated to carry out this paragraph
$150,000,000 for each of fiscal years 2010
through 2014.''.
TITLE IV--CLEAN WATER AUTHORITY
SEC. 401. DEFINITION OF WATERS OF THE UNITED STATES.
Section 502 of the Federal Water Pollution Control Act (33 U.S.C.
1362) is amended--
(1) by striking paragraph (7);
(2) by redesignating paragraphs (8) through (23) as
paragraphs (7) through (22), respectively; and
(3) by adding at the end the following:
``(23) Waters of the united states.--The term `waters of
the United States' means all waters subject to the ebb and flow
of the tide, the territorial seas, and all interstate and
intrastate waters and their tributaries, including lakes,
rivers, streams (including intermittent streams), mudflats,
sandflats, wetlands, sloughs, prairie potholes, wet meadows,
playa lakes, natural ponds, and all impoundments of the
foregoing, to the fullest extent that these waters, or
activities affecting these waters, are subject to the
legislative power of Congress under the Constitution.''.
SEC. 402. CONFORMING AMENDMENTS.
The Federal Water Pollution Control Act (33 U.S.C. 1251 et seq.) is
amended--
(1) by striking ``navigable waters of the United States''
each place it appears and inserting ``waters of the United
States'';
(2) in section 304(l)(1) by striking ``navigable waters''
in the heading and inserting ``waters of the united states'';
and
(3) by striking ``navigable waters'' each place it appears
and inserting ``waters of the United States''.
TITLE V--TOXIC SUBSTANCES
SEC. 501. MERCURY REDUCTION GRANTS.
Section 118(c) of the Federal Water Pollution Control Act (33
U.S.C. 1268(c)) is amended by adding at the end the following:
``(14) Mercury reduction grants.--
``(A) In general.--The Program Office shall provide
grants to Great Lakes States and Indian tribes in Great
Lakes States to carry out projects to reduce the
quantity of mercury in the Great Lakes.
``(B) Application.--Each Great Lake State or Indian
tribe that seeks a grant under this paragraph shall
submit an application to the Program Office at such
time, in such manner, and accompanied by or containing
any information that the Program Office may require.
``(C) Authorization of appropriations.--There is
authorized to be appropriated to carry out this
paragraph $10,000,000 for each of fiscal years 2010
through 2014.''.
TITLE VI--INDICATORS AND INFORMATION
Subtitle A--Research Program
SEC. 601. RESEARCH REAUTHORIZATIONS.
Section 118 of the Federal Water Pollution Control Act (33 U.S.C.
1268) is amended by--
(1) in subsection (d) by striking paragraph (2) and
redesignating paragraphs (3) through (7) as paragraphs (2)
through (6), respectively.
(2) by striking subsection (e) and inserting the following:
``(e) Research and Management Coordination.--
``(1) Joint plan.--
``(A) In general.--Not later than September 30 of
each year, the Program Office, the Research Office, and
the Great Lakes Science Center shall prepare and submit
to the Executive Committee of the Regional
Collaboration a joint research plan for the fiscal year
that begins in the following calendar year.
``(B) Collaboration.--The Program Office, the
Research Office, and the Great Lakes Science Center
shall consult with other appropriate Federal agencies,
academic institutions, State agencies, and other groups
conducting Great Lakes research and monitoring when
preparing its joint research plan.
``(C) Submission to congress.--The President shall
include the plan described in subparagraph (A) in the
annual budget of the United States Government submitted
to Congress by the President.
``(2) Contents of plan.--Each plan prepared under paragraph
(1) shall--
``(A) identify all proposed research dedicated to
activities carried out under the Great Lakes Water
Quality Agreement and any other applicable agreements
and amendments;
``(B) include the assessment of the Regional
Collaboration of priorities for research needed to
fulfill the terms of those agreements; and
``(C) identify all proposed research that may be
used to develop a comprehensive environmental database
for the Great Lakes System and establish priorities for
development of the database.''.
SEC. 602. GREAT LAKES ENVIRONMENTAL RESEARCH LABORATORY.
Section 118 of the Federal Water Pollution Control Act (33 U.S.C.
1268) is amended--
(1) in subsection (d)(6) by striking ``priority issues''
and all that follows and inserting ``are consistent with the
joint research plan''; and
(2) by striking subsection (h) and inserting the following:
``(h) Authorization of Appropriations.--There is authorized to be
appropriated to carry out this section $55,000,000 for each of fiscal
years 2010 through 2014, of which, for each fiscal year--
``(1) $40,000,000 shall be made available to the program
Office; and
``(2) $15,000,000 shall be made available to the Great
Lakes Environmental Research Laboratory.''.
SEC. 603. GREAT LAKES SCIENCE CENTER.
There is authorized to be appropriated to the Director of the
United States Geological Survey, for use by the Great Lakes Science
Center, to carry out research activities that advance scientific
knowledge and provide scientific information for restoring, enhancing,
managing, and protecting the living marine resources and habitats in
the Great Lakes basin ecosystem $25,000,000 for each of fiscal years
2010 through 2014.
SEC. 604. CENTER FOR SPONSORED COASTAL OCEAN RESEARCH.
There is authorized to be appropriated to the Director of the
National Oceanic and Atmospheric Administration's Center for Sponsored
Coastal Ocean Research, for use by the Center, to carry out a program
to award grants to academic institutions, State agencies, and other
appropriate groups to carry out activities consistent with the Joint
Research Plan developed under subsection (e) of section 1268 of title
33, United States Code, that advances scientific knowledge and provides
scientific information for restoring, enhancing, managing, and
protecting the living marine resources and habitats in the Great Lakes
basin ecosystem $25,000,000 for each of fiscal years 2010 through 2014.
Subtitle B--Ocean and Coastal Observation System
SEC. 611. DEFINITIONS.
In this Act:
(1) Council.--The term ``Council'' means the National Ocean
Research Leadership Council.
(2) 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; and
(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.
(3) Observing system.--The term ``observing system'' means
the integrated coastal, ocean, and Great Lakes observing system
to be established by the Committee under section 612(a).
(4) Interagency program office.--The term ``interagency
program office'' means the office established under section
612(d).
SEC. 612. INTEGRATED OCEAN AND COASTAL OBSERVING SYSTEM.
(a) Establishment.--
(1) In general.--The President, acting through the Council,
shall establish and maintain an integrated system of ocean and
coastal observations, data communication and management,
analysis, modeling, research, education, and outreach designed
to provide data and information for the timely detection and
prediction of changes occurring in the ocean, coastal, and
Great Lakes environment that impact the social, economic, and
ecological systems of the United States.
(2) Purposes.--The observing system shall provide for long-
term, continuous, and quality-controlled observations of the
coasts, oceans, and Great Lakes so as to--
(A) improve the health of the coasts, oceans, and
Great Lakes of the United States;
(B) protect human lives and livelihoods from
hazards, including tsunamis, hurricanes, coastal
erosion, and fluctuating Great Lakes water levels;
(C) understand the effects of human activities and
natural variability on the state of the coasts, oceans,
and Great Lakes and the socioeconomic well-being of the
United States;
(D) provide for the sustainable use, protection,
and enjoyment of ocean, coastal, and Great Lakes
resources;
(E) provide information that can support the
eventual implementation and refinement of ecosystem-
based management;
(F) supply critical information to marine-related
businesses, including aquaculture and fisheries; and
(G) support research and development to--
(i) ensure continuous improvement to ocean,
coastal, and Great Lakes observation
measurements; and
(ii) enhance understanding of the ocean,
coastal, and Great Lakes resources of the
United States.
(b) System Elements.--To carry out the purposes of this subtitle,
the observing system shall consist of--
(1) a national program to fulfill national observation
priorities, including the ocean contribution of the United
States to the Global Earth Observation System of Systems and
the Global Ocean Observing System;
(2) a network of regional associations to manage the
regional ocean and coastal observing and information programs
that collect, measure, and disseminate data and information
products to meet regional needs;
(3) a data management and dissemination system for the
timely integration and dissemination of data and information
products from the national and regional systems;
(4) a research and development program conducted under the
guidance of the Council; and
(5) an outreach, education, and training program that
augments existing programs, including the National Sea Grant
College Program, the Centers for Ocean Sciences Education
Excellence program, and the National Estuarine Research Reserve
System, to ensure the use of the data and information for--
(A) improving public education and awareness of the
oceans of the United States; and
(B) building the technical expertise required to
operate and improve the observing system.
(c) Council Functions.--In carrying out this section, the Council
shall--
(1) serve as the oversight body for the design and
implementation of all aspects of the observing system;
(2) adopt plans, budgets, and standards that are developed
and maintained by the interagency program office in
consultation with the regional associations;
(3) coordinate the observing system with other earth
observing activities, including the Global Ocean Observing
System and the Global Earth Observing System of Systems;
(4) coordinate and administer programs of research,
development, education, and outreach to--
(A) support improvements to, and the operation of,
an integrated ocean and coastal observing system; and
(B) advance the understanding of the oceans;
(5) establish pilot projects to develop technology and
methods for advancing the development of the observing system;
(6) provide, as appropriate, support for and representation
on United States delegations to international meetings on ocean
and coastal observing programs; and
(7) in consultation with the Secretary of State, coordinate
relevant Federal activities with those of other nations.
(d) Interagency Program Office.--
(1) In general.--The Council shall establish an interagency
program office to be known as ``OceanUS''.
(2) Responsibilities.--The interagency program office shall
be responsible for program planning and coordination of the
observing system.
(3) Requirements.--The interagency program office shall--
(A) prepare annual and long-term plans for
consideration by the Council for the design and
implementation of the observing system that promote
collaboration among Federal agencies and regional
associations in developing the global and national
observing systems, including identification and
refinement of a core set of variables to be measured by
all systems;
(B) coordinate the development of agency priorities
and budgets for implementation of the observing system,
including budgets for the regional associations;
(C) establish and refine standards and protocols
for data management and communications, including
quality standards, in consultation with participating
Federal agencies and regional associations;
(D) develop a process for the certification and
periodic review and recertification of the regional
associations;
(E) establish an external technical committee to
provide biennial review of the observing system; and
(F) provide for opportunities to partner or
contract with private sector companies in deploying
ocean observation system elements.
(e) Lead Federal Agency.--
(1) In general.--The National Oceanic and Atmospheric
Administration shall be the lead Federal agency for
implementation and operation of the observing system.
(2) Requirements.--Based on the plans prepared by the
interagency program office and adopted by the Council, the
Administrator of the National Oceanic and Atmospheric
Administration shall--
(A) coordinate implementation, operation, and
improvement of the observing system;
(B) establish efficient and effective
administrative procedures for allocation of funds among
Federal agencies and regional associations in a timely
manner and according to the budget adopted by the
Council;
(C) implement and maintain appropriate elements of
the observing system;
(D) provide for the migration of scientific and
technological advances from research and development to
operational deployment;
(E) integrate and extend existing programs and
pilot projects into the operational observation system;
(F) certify regional associations that meet the
requirements of subsection (f); and
(G) integrate the capabilities of the National
Coastal Data Development Center and the Coastal
Services Center of the National Oceanic and Atmospheric
Administration, and other appropriate centers, into the
observing system to assimilate, manage, disseminate,
and archive data from regional observation systems and
other observation systems.
(f) Regional Associations of Ocean and Coastal Observing Systems.--
(1) In general.--The Administrator of the National Oceanic
and Atmospheric Administration may certify 1 or more regional
associations to be responsible for the development and
operation of regional ocean and coastal observing systems to
meet the information needs of user groups in the region while
adhering to national standards.
(2) Requirements.--To be certifiable by the Administrator,
a regional association shall--
(A) demonstrate an organizational structure capable
of supporting and integrating all aspects of ocean and
coastal observing and information programs within a
region;
(B) operate under a strategic operations and
business plan that details the operation and support of
regional ocean and coastal observing systems in
accordance with the standards established by the
Council;
(C) provide information products for multiple users
in the region;
(D) work with governmental entities and programs at
all levels within the region to provide timely warnings
and outreach to protect the public; and
(E) meet certification standards developed by the
interagency program office in conjunction with the
regional associations and approved by the Council.
(g) Prohibition on Lobbying.--Nothing in this Act authorizes a
regional association to engage in lobbying activities (as defined in
section 3 of the Lobbying Disclosure Act of 1995 (2 U.S.C. 1602)).
(h) Civil Liability.--For purposes of section 1346(b)(1) and
chapter 171 of title 28, United States Code, the Suits in Admiralty Act
(46 U.S.C. App. 741 et seq.), and the Public Vessels Act (46 U.S.C.
App. 781 et seq.)--
(1) any regional ocean and coastal observing system that is
a designated part of a regional association certified under
this section shall, in carrying out the purposes of this Act,
be considered to be part of the National Oceanic and
Atmospheric Administration; and
(2) any employee of that system, while acting within the
scope of the employment of the employee, carrying out those
purposes, shall be considered to be an employee of the
Government.
SEC. 613. RESEARCH, DEVELOPMENT, AND EDUCATION.
The Council shall establish programs for research, development,
education, and outreach for the ocean and coastal observing system,
including projects under the National Oceanographic Partnership
Program, consisting of--
(1) basic research to advance knowledge of ocean and
coastal systems and ensure continued improvement of operational
products, including related infrastructure and observing
technology;
(2) focused research projects to improve understanding of
the relationship between the coasts and oceans and human
activities;
(3) large-scale computing resources and research to advance
modeling of ocean and coastal processes; and
(4) a coordinated effort to build public education and
awareness of the ocean and coastal environment and functions
that integrates ongoing activities, including the National Sea
Grant College Program, the Centers for Ocean Sciences Education
Excellence, and the National Estuarine Research Reserve System.
SEC. 614. INTERAGENCY FINANCING.
(a) In General.--The departments and agencies represented on the
Council may participate in interagency financing and share, transfer,
receive, obligate, and expend funds appropriated to any member of the
Council to carry out any administrative or programmatic project or
activity under this Act or under the National Oceanographic Partnership
Program, including support for the interagency program office, a common
infrastructure, and system integration for a ocean and coastal
observing system.
(b) Transfer of Funds.--Funds may be transferred among the
departments and agencies described in subsection (a) through an
appropriate instrument that specifies the goods, services, or space
being acquired from another Council member and the costs of the same.
SEC. 615. APPLICATION WITH OUTER CONTINENTAL SHELF LANDS ACT.
Nothing in this title supersedes or limits the authority of the
Secretary of the Interior under the Outer Continental Shelf Lands Act
(43 U.S.C. 1331 et seq.).
SEC. 616. AUTHORIZATION OF APPROPRIATIONS.
(a) In General.--There is authorized to be appropriated to the
National Oceanic and Atmospheric Administration to carry out the
observing system under section 612 and the research and development
program under section 613 (including financial assistance to the
interagency program office, the regional associations for the
implementation of regional ocean and coastal observing systems, and the
departments and agencies represented on the Council) $150,000,000 for
each of fiscal years 2010 through 2014, to remain available until
expended.
(b) Allocation of Funds.--At least 50 percent of the funds
appropriated to carry out the observing system under section 612 shall
be allocated to the regional associations certified under section
612(f) to carry out regional ocean and coastal observing systems.
SEC. 617. REPORTING REQUIREMENT.
(a) In General.--Not later than March 31, 2012, the President,
acting through the Council, shall submit to Congress a report on the
programs established under sections 612 and 613.
(b) Requirements.--The report shall include--
(1) a description of activities carried out under the
programs;
(2) an evaluation of the effectiveness of the programs; and
(3) recommendations concerning reauthorization of the
programs and funding levels for the programs in succeeding
fiscal years.
Subtitle C--Great Lakes Water Quality Indicators and Monitoring
SEC. 621. GREAT LAKES WATER QUALITY INDICATORS AND MONITORING.
Section 118(c)(1) of the Federal Water Pollution Control Act (33
U.S.C. 1268(c)(1)) is amended by striking subparagraph (B) and
inserting the following:
``(B)(i) not later than 2 years after the date of
enactment of this clause, in cooperation with Canada
and appropriate Federal agencies (including the United
States Geological Survey, the National Oceanic and
Atmospheric Administration, and the United States Fish
and Wildlife Service), develop and implement a set of
science-based indicators of water quality and related
environmental factors in the Great Lakes, including, at
a minimum, measures of toxic pollutants that have
accumulated in the Great Lakes for a substantial period
of time, as determined by the Program Office;
``(ii) not later than 4 years after the date of
enactment of this clause--
``(I) establish a Federal network for the
regular monitoring of, and collection of data
throughout, the Great Lakes basin with respect
to the indicators described in clause (i); and
``(II) collect an initial set of benchmark
data from the network; and
``(iii) not later than 2 years after the date of
collection of the data described in clause (ii)(II),
and biennially thereafter, in addition to the report
required under paragraph (10), submit to Congress, and
make available to the public, a report that--
``(I) describes the water quality and
related environmental factors of the Great
Lakes (including any changes in those factors),
as determined through the regular monitoring of
indicators under clause (ii)(I) for the period
covered by the report; and
``(II) identifies any emerging problems in
the water quality or related environmental
factors of the Great Lakes;''.
TITLE VII--SUSTAINABLE DEVELOPMENT
SEC. 701. WATERFRONT RESTORATION AND REMEDIATION PROJECTS.
(a) Definitions.--In this section:
(1) Related area.--The term ``related area'' means land--
(A) located adjacent to, or in close proximity of,
a waterfront area; and
(B) that impacts or influences a waterfront area or
an aquatic habitat.
(2) Secretary.--The term ``Secretary'' means the Secretary
of Commerce, acting through the Under Secretary for Oceans and
Atmosphere.
(3) Waterfront area.--The term ``waterfront area'' means a
site located adjacent to a lake, river, stream, wetland, or
floodplain of the United States.
(b) Application.--An individual or entity that seeks to receive
assistance under this section shall submit to the Secretary an
application for the assistance in such form, by such time, and
containing such information as the Secretary may require.
(c) Justification and Purpose.--
(1) Justification.--The Secretary may provide assistance to
eligible recipients in financing a restoration or remediation
project only if the Secretary finds that the proposed project
addresses concerns relating to--
(A) public health;
(B) public safety;
(C) environmental improvements; or
(D) economic improvements.
(2) Purpose.--An eligible recipient of assistance may use
assistance made available under this section to complete a
restoration or remediation project for the purpose of--
(A) improving the surrounding ecosystem; or
(B) preparing land for redevelopment by Federal,
State, or local agencies, or private entities.
(d) Cost Sharing.--
(1) General assistance.--
(A) In general.--Except as otherwise provided in
this subsection, the Federal share of the cost of
carrying out a restoration or remediation project under
this section shall not exceed 65 percent, as determined
by the Secretary.
(B) Innovative technology.--The Federal share of
the cost of carrying out a restoration or remediation
project under this section that involves conducting a
pilot project to test a demonstration or innovative
technology shall not exceed 85 percent, as determined
by the Secretary.
(2) Operation and maintenance.--The non-Federal share of
operation and maintenance costs for a restoration or
remediation project under this section shall be 100 percent.
(3) Credit for work-in-kind considerations.--In determining
the amount of a contribution made by a non-Federal interest
under this section, the non-Federal interest shall receive
credit equal to 100 percent of the value of any land,
easements, rights-of-way, and relocations, and the reasonable
cost of services, studies, and supplies, contributed toward the
non-Federal share of project costs.
(4) Liability of federal government.--The eligible
recipient shall hold the United States harmless from any claim
or damage that may arise from carrying out the restoration or
remediation project under this section, except any claim or
damage that may arise from the negligence of the Federal
Government or a contractor of the Federal Government.
(e) Funding Limitation Per Project.--Of the funds provided under
this section, not more than $5,000,000 may be allocated for an
individual restoration or rehabilitation project.
SEC. 702. AUTHORITY OF SECRETARY TO RESTORE AND REMEDIATE WATERFRONT
AND RELATED AREAS.
The Secretary, in consultation with appropriate Federal, State, and
local agencies, is authorized to restore and remediate waterfront and
related areas, including site characterization, planning, design,
construction, and monitoring.
SEC. 703. AUTHORIZATION OF APPROPRIATIONS.
There is authorized to be appropriated to the Secretary to carry
out this title $50,000,000 for fiscal years 2010 through 2014.
TITLE VIII--COORDINATION AND OVERSIGHT
SEC. 801. DEFINITIONS.
In this title:
(1) Collaboration.--The term ``Collaboration'' means the
Great Lakes Regional Collaboration established by section
804(a).
(2) Executive committee.--The term ``Executive Committee''
means the Great Lakes Regional Collaboration Executive
Committee established by section 803(a).
(3) Executive order.--The term ``Executive Order'' means
Executive Order 13340 (33 U.S.C. 1268 note; relating to
establishment of Great Lakes Interagency Task Force and
promotion of regional collaboration of national significance
for Great Lakes).
(4) Great lake.--The term ``Great Lake'' means--
(A) Lake Erie;
(B) Lake Huron (including Lake Saint Clair);
(C) Lake Michigan;
(D) Lake Ontario;
(E) Lake Superior; and
(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.
(5) Great lakes city.--The term ``Great Lakes city'' means
a city located in the watershed basin of a Great Lake.
(6) Great lakes tribe.--The term ``Great Lakes Tribe''
means any Indian tribe, band, village, nation, or other
organized group or community in the watershed basin of a Great
Lake that is recognized by the Bureau of Indian Affairs as
eligible for the special programs and services provided by the
United States to Indians because of their status as Indians.
(7) Saint lawrence city.--The term ``Saint Lawrence city''
means a city located in the watershed basin of the Saint
Lawrence River.
(8) Task force.--The term ``Task Force'' means the Great
Lakes Interagency Task Force established by section 802(a).
SEC. 802. GREAT LAKES INTERAGENCY TASK FORCE.
(a) Interagency Coordination.--The Great Lakes Interagency Task
Force, as established by the Executive Order for administrative
purposes, is established as a task force within the Environmental
Protection Agency.
(b) Duties.--In addition to the duties described in the Executive
Order, the Task Force shall--
(1) ensure that implementation of programs and projects
under the authority of the Task Force members is coordinated,
effective, and cost-efficient;
(2) work in cooperation with Federal agencies on the
development of budgets and financial plans regarding the Great
Lakes for inclusion in annual submissions by the President to
Congress of the budget of the United States; and
(3) submit to Congress a biennial report that describes the
projects and activities carried out by the Collaboration during
the 2-year period covered by the report, including a
description of--
(A) any actions that Federal agencies can take to
address the biennial restoration goals;
(B) Federal expenditures to meet the restoration
goals; and
(C) the indicators and monitoring used to determine
whether the goals will be met.
SEC. 803. EXECUTIVE COMMITTEE.
(a) In General.--There is established a Great Lakes Regional
Collaboration Executive Committee.
(b) Composition.--The Executive Committee shall be composed of--
(1) the Chairperson of the Task Force;
(2) a representative of the Governors of the Great Lakes
States, as agreed upon by the Governors;
(3) a representative of the Great Lakes cities and Saint
Lawrence cities, as agreed upon by the majority of mayors of
those cities; and
(4) a designated representative for the Great Lakes Tribes,
as agreed upon by those Tribes.
(c) Duties.--The Executive Committee shall--
(1) hold semiannual meetings to discuss Great Lakes
restoration goals and progress;
(2) establish a process to receive input from interested
parties with respect to proposed recommendations of the
Executive Committee for restoration of the Great Lakes; and
(3) submit to Congress and the Task Force a biennial report
that includes--
(A) an analysis of progress in carrying out
restoration of the Great Lakes, including meeting the
goals and recommendations in the restoration and
protection strategy developed by the Great Lakes
Regional Collaboration and this Act; and
(B) recommendations on future priorities and
actions with respect to that restoration.
(d) Subcommittees.--The members of the Executive Committee may
designate representatives to work as 1 or more subcommittees to provide
staff support and otherwise assist in carrying out responsibilities of
the Executive Committee relating to the Collaboration.
SEC. 804. GREAT LAKES REGIONAL COLLABORATION.
(a) In General.--There is established the Great Lakes Regional
Collaboration.
(b) Composition.--The Collaboration shall be composed of--
(1) the members of the Executive Committee; and
(2) each other individual and entity that notifies the
Executive Committee of the desire and intent of the individual
or entity to participate in the Collaboration.
(c) Duties.--The Collaboration shall--
(1) develop a restoration and protection strategy to
provide information for use in future Great Lakes program
implementation and funding decisions;
(2) serve as a forum for addressing near-term regional
issues relating to ecosystem restoration and protection of the
Great Lakes; and
(3) establish an oversight forum to coordinate and enhance
implementation of Great Lakes programs.
<all>
Introduced in House
Introduced in House
Referred to House Transportation and Infrastructure
Referred to the Committee on Transportation and Infrastructure, and in addition to the Committees on Natural Resources, Science and Technology, and House Administration, 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 House Natural Resources
Referred to House Science and Technology
Referred to House Administration
Referred to the Subcommittee on Energy and Environment.
Referred to the Subcommittee on Water Resources and Environment.
Referred to the Subcommittee on Insular Affairs, Oceans and Wildlife.
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