Directs the Aquatic Invasive Species Task Force to establish a priority pathway management program that identifies those pathways that pose the highest risk for the introduction of aquatic invasive species unless further managed.
Prohibits the importation of live aquatic organisms not in trade without specified screening and approval.
Requires the Assistant Secretary of the Army for Civil Works, with the concurrence of the Administrator of the Environmental Protection Agency, to construct and maintain a national dispersal barrier program to prevent the spread of aquatic invasive species in U.S. waterways.
Provides for expansion of the Brown Tree Snake Control Program and Aquatic Nuisance Species Program information, education, and outreach activities. Requires the Task Force to establish a national subcommittee on nutria for its control.
Requires the Invasive Species Council to coordinate with the Task Force to combat aquatic invasive species. Requires the Task Force to recommend to appropriate Federal agencies additions to the list of aquatic invasive species.
Requires the Task Force, the Council, and the Secretary of State to coordinate activities to ensure that international efforts to prevent and manage aquatic invasive species are coordinated with U.S. policies.
[Congressional Bills 108th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1080 Introduced in House (IH)]
108th CONGRESS
1st Session
H. R. 1080
To amend the Nonindigenous Aquatic Nuisance Prevention and Control Act
of 1990 to reauthorize and improve that Act.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
March 5, 2003
Mr. Gilchrest (for himself, Mr. Ehlers, Mr. Baird, Mr. Hoekstra, Mr.
Ortiz, Mrs. Biggert, Mr. Kirk, Mr. Kildee, Mr. Camp, Mr. McHugh, Mr.
Emanuel, Ms. Slaughter, Mr. Rogers of Michigan, Mr. English, Mr. Farr,
Mr. Cummings, Mr. Levin, Mr. Stupak, Mr. Scott of Virginia, Mr.
Abercrombie, Mr. Quinn, Mr. Smith of Washington, Mr. George Miller of
California, Mrs. Maloney, Mr. Dingell, Ms. Kaptur, Ms. Lee, Mr. Saxton,
Mr. Dicks, Ms. Bordallo, Mr. Visclosky, Mr. Walsh, Mr. Upton, Mr.
Gillmor, Mr. Smith of Michigan, Mr. Case, Mr. Boehlert, Mr. Brown of
Ohio, Mr. Greenwood, Mr. Pallone, Mr. Markey, Mr. Delahunt, Mr. Cardin,
Mr. Allen, Mrs. Miller of Michigan, Mr. Blumenauer, Mr. Inslee, Mr.
Houghton, Ms. McCollum, Mr. McGovern, Mr. McCotter, Ms. Baldwin, Mr.
Leach, Mr. McDermott, Mr. Neal of Massachusetts, Mr. Knollenberg, Mr.
Towns, Mr. Honda, Mr. Lipinski, Mr. Weiner, Mr. Kind, Mr. Evans, Ms.
Lofgren, Mr. Kleczka, Mr. Berman, Mr. Faleomavaega, Mr. Simmons, and
Mr. LaTourette) introduced the following bill; which was referred to
the Committee on Transportation and Infrastructure, and in addition to
the Committee on Resources, for a period to be subsequently determined
by the Speaker, in each case for consideration of such provisions as
fall within the jurisdiction of the committee concerned
_______________________________________________________________________
A BILL
To amend the Nonindigenous Aquatic Nuisance Prevention and Control Act
of 1990 to reauthorize and improve that Act.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``National Aquatic
Invasive Species Act of 2003''.
(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--PREVENTION OF INTRODUCTION OF AQUATIC INVASIVE SPECIES INTO
WATERS OF THE UNITED STATES BY VESSELS
Sec. 101. Vessel pathway requirements.
Sec. 102. Requirements for new vessels.
Sec. 103. Great Lakes program.
Sec. 104. Authority of Secretary; regulations.
Sec. 105. Sanctions.
Sec. 106. Program coordination.
Sec. 107. Vessel safety.
Sec. 108. Relationship to other law.
Sec. 109. Armed services whole vessel management program.
Sec. 110. Conforming amendments.
TITLE II--PREVENTION OF THE INTRODUCTION OF AQUATIC INVASIVE SPECIES BY
OTHER PATHWAYS
Sec. 201. Priority pathway management program.
Sec. 202. Screening process for planned importations of live aquatic
organisms.
TITLE III--EARLY DETECTION; RAPID RESPONSE; CONTROL AND OUTREACH
Sec. 301. Early detection.
Sec. 302. Rapid response.
Sec. 303. Dispersal barriers.
Sec. 304. Environmental soundness.
Sec. 305. Specific invasive species control programs.
Sec. 306. Information, education, and outreach.
TITLE IV--COORDINATION
Sec. 401. Program coordination.
Sec. 402. International coordination.
TITLE V--AUTHORIZATION OF APPROPRIATIONS
Sec. 501. Authorization of appropriations.
TITLE VI--CONFORMING AMENDMENTS
Sec. 601. Conforming amendments.
SEC. 2. FINDINGS.
The Congress finds that--
(1) invasive species can cause devastating declines in
local, regional, and national species diversity;
(2) aquatic invasive species continue to be introduced into
water of the United States;
(3) aquatic invasive species damage infrastructure, disrupt
commerce, outcompete native species, reduce biodiversity, and
threaten human health;
(4) the direct and indirect costs of aquatic invasive
species to the economy of the United States amount to billions
of dollars per year;
(5) in the Great Lakes region, approximately $3,000,000,000
has been spent in the past 10 years to mitigate the damage
caused by a single invasive species, the zebra mussel;
(6) recent studies have--
(A) demonstrated that, in addition to economic
damage, invasive species can cause enormous ecological
damage; and
(B) cited invasive species as the second leading
threat to endangered species;
(7) over the past 200 years, the rate of detected marine
and freshwater invasions in North America has increased
exponentially;
(8) wetlands suffer compound impacts from--
(A) terrestrial infestations (such as Nutria);
(B) aquatic infestations (such as Hydrilla); and
(C) riparian infestations (such as Purple
Loosestrife);
(9) the rate of invasions continues to be unacceptable;
(10) infestations by aquatic invasive species often spread
and cause significant, negative regional, national, and
international effects;
(11) prevention of aquatic invasive species is the most
environmentally sound and cost-effective management approach
because once established, aquatic invasive species are costly,
and sometimes impossible to control;
(12) to be effective, the prevention, early detection, and
control of and rapid response to aquatic invasive species
should be coordinated regionally, nationally, and
internationally;
(13) research underlies every aspect of detecting,
preventing, controlling, and eradicating invasive species,
educating citizens and stakeholders, and restoring ecosystems;
(14) pathway management is the most promising approach to
reducing unplanned introductions of aquatic invasive species;
(15) consistent national screening criteria are needed to
evaluate the potential risk of nonnative aquatic species;
(16) States and regions have specific problems with respect
to aquatic invasive species and resources for addressing
aquatic invasive species;
(17) an emphasis on research, development, and
demonstration to support prevention efforts would likely result
in a more cost-effective and successful approach to combating
invasive species through preventing initial introduction;
(18) research, development, and demonstration to support
prevention includes monitoring of pathways and ecosystems to
track the introduction and establishment of invasive species,
analysis of that data, and development and testing of
technologies to prevent introduction through known pathways;
(19) the Aquatic 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)) has been
directed by the Congress to coordinate interagency responses
to aquatic invasive species, but the provision of additional direction,
and assignment of specific responsibilities, to various Federal
agencies would accelerate those responses; and
(20) it is in the interest of the United States to conduct
a comprehensive and thorough research, development, and
demonstration program on aquatic invasive species in order to
better understand how aquatic invasive species are introduced
and become established and to support efforts to prevent the
introduction and establishment of those species.
SEC. 3. DEFINITIONS.
Section 1003 of the Nonindigenous Aquatic Nuisance Prevention and
Control Act of 1990 (16 U.S.C. 4702) is amended to read as follows:
``SEC. 1003. DEFINITIONS.
``In this Act:
``(1) Administrator.--The term `Administrator' means the
Administrator of the Environmental Protection Agency.
``(2) Aquatic ecosystems in the united states.--The term
`aquatic ecosystems in the United States' means freshwater,
marine, and estuarine environments (including inland waters and
wetlands), located in waters of the United States.
``(3) Assistant secretary.--The term `Assistant Secretary'
means the Assistant Secretary of the Army for Civil Works.
``(4) Ballast water.--The term `ballast water' means any
water (with its suspended matter) used to maintain the trim and
stability of a vessel.
``(5) Coastal voyage.--The term `coastal voyage' means a
voyage conducted entirely within the exclusive economic zone.
``(6) Director.--The term `Director' means the Director of
the United States Fish and Wildlife Service.
``(7) Environmentally sound.--The term `environmentally
sound', when used in reference to any activity or thing, refers
to an activity or thing that prevents, entirely or in part,
introductions, or controls infestations, of aquatic invasive
species in a manner that--
``(A) minimizes adverse effects on--
``(i) the structure and function of an
ecosystem; and
``(ii) nontarget organisms and ecosystems;
and
``(B) emphasizes the use of integrated pest
management techniques.
``(8) 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.
``(9) Great lake.--The term ``Great Lake'' means--
``(A) Lake Erie;
``(B) Lake Huron (including Lake Saint Clair);
``(C) Lake Michigan;
``(D) Lake Ontario;
``(E) Lake Superior;
``(F) the connecting channels of those Lakes,
including--
``(i) the Saint Mary's River;
``(ii) the Saint Clair River;
``(iii) the Detroit River;
``(iv) the Niagara River; and
``(v) the Saint Lawrence River to the
Canadian border; and
``(G) any other body of water located within the
drainage basin of a Lake, River, or connecting channel
described in any of subparagraphs (A) through (F).
``(10) 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.
``(11) 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).
``(12) Interbasin waterway.--The term `interbasin waterway'
means a waterway that connects 2 distinct water basins.
``(13) International joint commission.--The term
`International Joint Commission' means the commission
established by article VII of the Treaty relating to boundary
waters and questions arising along the boundary between the
United States and Canada, signed at Washington on January 11,
1909 (36 Stat. 2448; TS 548).
``(14) Interstate organization.--The term `interstate
organization' means an entity that--
``(A) is established by--
``(i) an interstate compact approved by the
Congress;
``(ii) an Act of Congress; or
``(iii) an international agreement to which
the United States is a party;
``(B)(i) represents 2 or more--
``(I) States (or political subdivisions of
States); or
``(II) Indian tribes;
``(ii) represents--
``(I) 1 or more States (or political
subdivisions of States); and
``(II) 1 or more Indian tribes; or
``(iii) represents the Federal Government and 1 or
more foreign governments; and
``(C) has jurisdiction over, serves as a forum for
coordinating, or otherwise has a role or responsibility
for the management of, any land or other natural
resource.
``(15) 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.
``(16) Invasion.--The term `invasion' means an infestation
of an aquatic invasive species.
``(17) 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.
``(18) Invasive species council.--The term `Invasive
Species Council' means the interagency council established by
section 3 of Executive Order No. 13112 (42 U.S.C. 4321 note).
``(19) New source.--The term `new source' means any source
of nonnative species that may be introduced by construction
that is commenced after the publication of a proposed
regulation prescribing a standard of performance under this Act
that is applicable to the source, if the standard is
subsequently promulgated in accordance with this Act.
``(20) Nonindigenous species.--The term `nonindigenous
species' means any species in an ecosystem that enters that
ecosystem from outside the historic range of the species.
``(21) Organism in trade.--The term `organism in trade'
means an organism of a species or subspecies that has a
documented history of being commercially imported into the
United States in the period beginning on January 1, 1990, and
ending on January 1, 2002.
``(22) Organism transfer.--The term `organism transfer'
means the movement of an organism of any species from one
ecosystem to another ecosystem.
``(23) Pathway.--The term `pathway' means 1 or more routes
by which an invasive species is transferred from one ecosystem
to another.
``(24) Pilot scale test.--The term `pilot scale test' means
a test--
``(A) that is conducted at less than full-scale;
and
``(B) the results of which can potentially be
extrapolated to the full scale.
``(25) Planned importation.--The term `planned importation'
means the purposeful movement of a species into the territorial
limits of the United States.
``(26) Regional panel.--The term `regional panel' means a
panel convened in accordance with section 1203.
``(27) Secretary.--The term `Secretary' means the Secretary
of the department in which the Coast Guard is operating.
``(28) Species.--The term `species' means any fundamental
category of taxonomic classification, or any viable biological
material, ranking below a genus or subgenus.
``(29) Task force.--The term `Task Force' means the Aquatic
Invasive Species Task Force established by section 1201(a).
``(30) Territorial sea.--The term `territorial sea' means
the belt of the sea measured from the baseline of the United
States determined in accordance with international law, as set
forth in Presidential Proclamation Number 5928, dated December
27, 1988.
``(31) Treatment.--The term `treatment' means a mechanical,
physical, chemical, biological, or other process or method of
killing, removing, or rendering infertile, invasive species.
``(32) Type approval.--The term `type approval' means an
approval procedure under which a type of system is certified as
meeting a standard established by law (including a regulation)
for a particular application.
``(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--PREVENTION OF INTRODUCTION OF AQUATIC INVASIVE SPECIES INTO
WATERS OF THE UNITED STATES BY VESSELS
SEC. 101. VESSEL PATHWAY REQUIREMENTS.
(a) Requirements for Vessels Operating in Waters of the United
States.--Section 1101 of the Nonindigenous Aquatic Nuisance Prevention
and Control Act of 1990 (16 U.S.C. 4711) is amended by striking
subsection (a) and inserting the following:
``(a) Requirements for All 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 the promulgation of
guidelines or regulations under this section, each
vessel that is equipped with ballast, and other towed
vessels and structures, operating in waters of the
United States shall have in effect, and have available
for inspection, an aquatic invasive species management
plan that prescribes safe and effective means by which
the master of the vessel shall minimize introductions
and transfers of invasive species by any part of the
vessel, pursuant to the guidelines or regulations
applicable to that vessel.
``(B) Specificity.--The management plan shall be
specific to the vessel (or group of vessels with
characteristics similar to that of the vessel, as
determined by the Secretary).
``(C) Requirements.--The management plan shall
include, at a minimum, such information as is requested
by the Secretary pursuant to subparagraph (D),
including--
``(i) operational requirements to safely
and effectively comply with the ballast water
management requirements under paragraph (4);
``(ii) operational requirements to safely
and effectively carry out any actions
consistent with rapid response action required
by States and approved by the Secretary under
section 1211;
``(iii) other requirements specified in
guidelines adopted by the International
Maritime Organization;
``(iv) a description of all reporting
requirements and a copy of each form necessary
to meet those requirements;
``(v) the position of the officer
responsible for implementation of ballast water
management and reporting procedures on board;
``(vi) documents relevant to any ballast
water management equipment or procedures;
``(vii) a description of the location of
access points for sampling ballast or sediments
pursuant to paragraph (3)(B)(vi);
``(viii) a description of requirements
relating to compliance with any approved rapid
response strategy relevant to the voyage of the
vessel;
``(ix) a contingency strategy applicable
under subsection (k), if appropriate; and
``(x) such requirements described in
subsection (e) as are applicable to the vessel.
``(D) Guidelines.--Not later than 18 months after
the date of enactment of the National Aquatic Invasive
Species Act of 2003, 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 vessel has entered a port; and
``(C) transmit records to the National Ballast
Information Clearinghouse established under section
1102(f).
``(3) Best management practices.--
``(A) In general.--Not later than 18 months after
the date of enactment of the National Aquatic Invasive
Species Act of 2003, 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, but not be limited
to--
``(i) sediment management in transoceanic
vessels;
``(ii) minimization of ballast water uptake
in areas where 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 antifouling coating;
and
``(vi) provision of access points in
ballast piping for sampling of ballast intake
and discharge.
``(4) Ballast water management.--
``(A) In general.--Each vessel equipped with a
ballast water tank that enters a United States port,
except for a vessel subject to subparagraph (B) and
subsection (c), shall comply with the standards
described in paragraphs (1) and (2) of subsection (b)
and the regulations promulgated under subsection (e)
relating to ballast water management.
``(B) Exceptions.--
``(i) Vessels operating entirely within the
exclusive economic zone.--A vessel equipped
with a ballast water tank that operates
entirely within the exclusive economic zone
shall not be required to comply with the
standard described in subsection (b)(1).
``(ii) Vessels that operate exclusively in
an enclosed aquatic ecosystem.--
``(I) In general.--A vessel
equipped with ballast tanks and that
operates exclusively in the upper 4
Great Lakes, or in another enclosed
aquatic ecosystem in which the
potential for movement of organisms by
natural and anthropogenic means is not
significantly altered by the movement
of the vessel, is not required to
comply with the standards described in
paragraphs (1) and (2) of subsection
(b).
``(II) Additional enclosed aquatic
ecosystems.--The Administrator and
Under Secretary, in consultation with
regional panels of the Task Force, may
determine the other enclosed aquatic
ecosystems that are covered by
subclause (I).''.
(b) Ballast Water Management Standards and Certification
Procedures.--Section 1101 of the Nonindigenous Aquatic Nuisance Species
Prevention and Control Act of 1990 (16 U.S.C. 4711) is further
amended--
(1) by striking subsections (b) through (f) and subsection
(h); and
(2) by inserting after subsection (a) the following:
``(b) Ballast Water Management Standards and Certification
Procedures.--
``(1) Interim standards.--
``(A) In general.--Not later than 18 months after
the date of enactment of the National Aquatic Invasive
Species Act of 2003, the Secretary, with the
concurrence of the Administrator and in consultation
with the Task Force, shall promulgate final regulations
establishing interim standards indicating acceptable--
``(i) operational performance for ballast
water exchange (including contingency
procedures in instances in which a safety
exemption is used pursuant to subsection (k));
and
``(ii) biological effectiveness of ballast
water treatment systems (including onshore
facilities and facilities on board vessels).
``(B) Requirements.--
``(i) Ballast water exchange.--The interim
standard for ballast water exchange described
in subparagraph (A) shall require--
``(I) at least 1 empty-and-refill
cycle on the high sea or in an
alternative exchange area designated by
the Secretary, of each ballast tank
that contains ballast water to be
discharged into waters of the United
States;
``(II) in a case in which the
master of a vessel determines that
compliance with subclause (I) is
impracticable, a sufficient number of
flow-through exchanges of ballast
water, on the high sea or in an
alternative exchange area designated by
the Secretary, to achieve replacement
of at least 95 percent of ballast water
in ballast tanks of the vessel, as
determined by a certification dye study
conducted or model developed in
accordance with protocols developed
under paragraph (3)(B)(i) and recorded
in the management plan of a vessel
pursuant to subsection (a)(1)(C)(i);
and
``(III) an approved contingency
procedure using best practicable
technology or practices in instances in
which a ballast water exchange is not
undertaken pursuant to subsection (k).
``(ii) Ballast system design and water
treatment systems.--The interim standard for a
ballast water system design and treatment
system described in subparagraph (A) shall
require that at least 95 percent of the live
aquatic vertebrates, invertebrates,
phytoplankton, and macroalgae, respectively, in
ballast water taken in by a vessel or class of
vessels be killed or removed from ballast
discharge as determined by the qualified type
approval process promulgated under paragraph
(3)(B)(ii).
``(iii) Criteria; period of
effectiveness.--The interim standards described
in clauses (i) and (ii) shall--
``(I) meet occupational safety and
environmental soundness criteria
described in paragraph (7); and
``(II) cease to apply on the
effective date of final standards
developed pursuant to paragraph (2).
``(2) Final standards.--
``(A) In general.--Not later than 4 years after the
date of enactment of the National Aquatic Invasive
Species Act of 2003, the Administrator, in consultation
with the Task Force and with the concurrence of the
Secretary, shall promulgate final standards for ballast
water discharge and other vessel operations determined
to pose a significant risk to the environment through
the introduction of nonindigenous species.
``(B) Requirements.--The final standards shall--
``(i) result from application of the best
available technology for--
``(I) the applicable category or
class of vessels; and
``(II) the new source or existing
source status;
``(ii) have the goal of eliminating the
risk of introduction into waters of the United
States by vessels of nonindigenous species,
including plant, animal, and human pathogens;
``(iii) consider findings of scientific and
policy research; and
``(iv) be measurable.
``(3) Certification of treatments or practices;
enforcement.--
``(A) In general.--Not later than the date on which
interim standards are promulgated under paragraph (1)
and final standards are promulgated under paragraph
(2), the Secretary shall, with the concurrence of the
Administrator, promulgate regulations for--
``(i) the certification of treatments or
practices that comply with the standards; and
``(ii) ongoing enforcement of the use of
the treatments or practices.
``(B) Certification under interim standards.--The
certification of treatments and practices in compliance
with the interim standard promulgated pursuant to
paragraph (1) shall be based on a qualified type
approval process, including--
``(i) protocol for ballast water exchange
involving dye studies or models detailing flow
dynamics of vessels described in paragraph
(1)(B)(i)(II); and
``(ii) protocol for qualified type approval
of ballast water treatment systems for the
interim standard described in paragraph (1)
that--
``(I) is capable of determining the
extent to which a ballast water
treatment system complies with
applicable standards, including
limitations on that compliance caused
by--
``(aa) biological,
chemical, or physical
conditions of water taken into
ballast; and
``(bb) conditions
encountered during a voyage;
``(II) is capable of determining
the extent to which a ballast water
treatment system--
``(aa) is environmentally
sound, based on criteria
promulgated by the
Administrator under paragraph
(7)(A); and
``(bb) 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 shipboard testing
component, and may include a shore-
based testing component;
``(V) provides for appropriate
monitoring; and
``(VI) is cost effective.
``(C) Certification Under Final Standards.--The
certification of treatments in compliance with the
final standards issued pursuant to paragraph (2)
shall--
``(i) apply to all methods of ballast water
management and system design, including--
``(I) ballast water exchange;
``(II) ballast water treatment
systems; and
``(III) other vessel operations
determined to pose a significant risk
to the environment through the
introduction of nonindigenous
organisms;
``(ii) be reviewed and, as appropriate,
revised not less often than every 3 years
pursuant to subsection (f)(1);
``(iii) meet occupational safety and
environmental soundness criteria described in
paragraph (7); and
``(iv) apply beginning not later than
October 1, 2011.
``(4) Experimental approval for ballast water treatment.--
``(A) In general.--Subject to subparagraph (B), if,
before the date on which the Secretary promulgates
interim ballast water management standards under
paragraph (1), an owner or operator of a vessel seeks
to conduct a treatment of ballast water--
``(i) the owner or operator shall apply to
the Secretary for experimental approval of the
treatment; and
``(ii) the Secretary shall approve the
treatment if--
``(I) the owner or operator
provides to the Secretary independently
peer-reviewed, pilot-scale information
relating to the effectiveness and
environmental soundness of the
treatment;
``(II) the Secretary and the
Administrator, in consultation with the
Task Force (including relevant regional
panels, and the Prevention Committee,
of the Task Force), determine that the
technology to be used for the treatment
has significant potential to kill or
remove at least 95 percent of the
aquatic vertebrates, invertebrates,
phytoplankton, and macro algae,
respectively, in ballast water taken in
by the class of vessel for which the
treatment is sought to be conducted;
and
``(III) the Administrator
determines that the treatment meets
environmental regulations.
``(B) Limitations.--
``(i) Period of testing.--Testing of the
treatment system approved under this section
may cease prior to the termination of the
approval period described in clause (ii).
``(ii) Period of approval.--Approval under
subparagraph (A) shall be granted for--
``(I) a period of 10 years or the
expected useful life of the treatment
system, whichever is earlier; or
``(II) until such time as the
Secretary or Administrator (as
appropriate) determine that (based on
available information, including
information developed pursuant to
clause (iii)) there exists a serious
deficiency in performance or
environmental soundness of the system
relative to anticipated performance or
environmental soundness.
``(iii) Information.--As a condition of
receiving experimental approval for a treatment
under subparagraph (A)(ii), the owner or
operator of a vessel shall agree to collect and
report such information regarding the
operational and biological effectiveness of the
treatment through sampling of the intake and
discharge ballast as the Secretary may request.
``(iv) Renewal.--An experimental approval
may be renewed pursuant to paragraph (7)(B).
``(5) 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 or interim approval for installation of
ballast water treatment systems, including through
providing guidance on--
``(i) a sampling protocol and test program
for cost-effective treatment evaluation;
``(ii) sources of sampling equipment and
field biological expertise; and
``(iii) examples of shipboard evaluation
studies.
``(B) 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
approval under paragraphs (1) and (4) of this
subsection.
``(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
(4).
``(6) Application for approval.--
``(A) In general.--The Secretary and the
Administrator may approve only such applications for
qualified type approval of the ballast water treatment
system that are in such form and contain such
information as the Secretary and Administrator may
require.
``(B) Approval and disapproval.--
``(i) In general.--On receipt of an
application under subparagraph (A)--
``(I) the Administrator shall, not
later than 90 days after the date of
receipt of the application--
``(aa) review the
application for compliance and
consistency with environmental
soundness criteria promulgated
under paragraph (7)(A); and
``(bb) approve those
ballast water treatment systems
that meet those criteria; and
``(II) 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 clause (i) shall--
``(I) be qualified with any
limitations relating to voyage pattern,
duration, or any other characteristic
that may affect the effectiveness or
environmental soundness of the ballast
water treatment system covered by the
application, as determined by the
Secretary in consultation with the
Administrator;
``(II) be applicable to a specific
ship or group of ships, as determined
by the Secretary;
``(III) be valid for the lesser
of--
``(aa) a period of 10 years
or the expected useful life of
the treatment system, whichever
is earlier; or
``(bb) until such time as
the Secretary or Administrator
(as appropriate) determines
that (based on available
information, including
information developed pursuant
to paragraph (4)(B)(iii)) there
exists a serious deficiency in
performance or environmental
soundness of the system
relative to anticipated
performance or environmental
soundness; and
``(IV) 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.
``(7) 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 (6)(B)(i)(I) in an
emergency situation to achieve reductions in
significant and acute risk of transfers of
invasive species by vessels, the Secretary and
the Administrator may jointly determine to make
an exception to criteria described in
subparagraph (A)(i).
``(ii) Qualification of approvals.--To be
eligible for an exception under clause (i), an
approval under paragraph (6)(B)(i)(I) shall be
qualified under paragraph (6)(B)(ii).
``(8) Penalties.--Paragraphs (1) and (2) of subsection (g)
shall apply to a violation of a regulation promulgated under
this subsection.''.
SEC. 102. REQUIREMENTS FOR NEW VESSELS.
Section 1101 of the Nonindigenous Aquatic Nuisance Prevention and
Control Act of 1990 (16 U.S.C. 4711) is further amended by inserting
after subsection (b) the following:
``(c) Design Features and Treatment Systems for New Vessels.--A
vessel of which construction begins on or after January 1, 2006, shall
be equipped with design features and ballast water treatment systems
that meet, at a minimum--
``(1) the interim standards described in subsection
(b)(1)(B)(ii); or
``(2) on promulgation of final standards pursuant to
subsection (b)(2)(A), such final standard as is applicable to
the vessel.''.
SEC. 103. GREAT LAKES PROGRAM.
Section 1101 of the Nonindigenous Aquatic Nuisance Prevention and
Control Act of 1990 (16 U.S.C. 4711) is further amended by inserting
after subsection (c) the following:
``(d) Great Lakes Program.--
``(1) Continuity of regulations and great lakes program.--
``(A) Regulations.--Regulations promulgated under
subsection (b) of this section, as in effect
immediately before the enactment of the National
Aquatic Invasive Species Act of 2003, shall remain in
effect until such time as the regulations are revised
or replaced by regulations promulgated pursuant to the
National Aquatic Invasive Species Act of 2003.
``(B) Relationship to other programs.--Upon
implementation of a national mandatory ballast
management program that is at least as comprehensive as
the Great Lakes program established under subsection
(b) of this section, as in effect immediately before
the enactment of the National Aquatic Invasive Species
Act of 2003, including regulations under that section
(as determined by the Secretary, in consultation with
the Governors of Great Lakes States)--
``(i) the program regulating vessels and
ballast water in the Great Lakes under this
section shall terminate; and
``(ii) the national program shall apply to
such vessels and ballast water.
``(2) Review and revision.--
``(A) In general.--Not later than 18 months after
the date of enactment of the National Aquatic Invasive
Species Act of 2003, the Secretary shall--
``(i) review and revise regulations
promulgated under this subsection; and
``(ii) promulgate the revised regulations.
``(B) Contents.--The revised regulations shall
include at a minimum requirements under subsections (a)
and (b) of this section.''.
SEC. 104. AUTHORITY OF SECRETARY; REGULATIONS.
Section 1101 of the Nonindigenous Aquatic Nuisance Prevention and
Control Act of 1990 (16 U.S.C. 4711) is further amended by inserting
after subsection (d) the following:
``(e) Authority of Secretary; Regulations.--
``(1) In general.--Not later than 18 months after the date
of enactment of the National Aquatic Invasive Species Act of
2003, the Secretary shall promulgate regulations to implement
this section.
``(2) Program components.--
``(A) In general.--In carrying out paragraph (1),
the Secretary shall promulgate a separate set of
regulations for--
``(i) ships that enter the Great Lakes
after operating outside the exclusive economic
zone; and
``(ii) ships that enter United States ports
after operating outside the exclusive economic
zone, excluding United States ports on the
Great Lakes.
``(B) Duration.--Regulations promulgated under
subparagraph (A)(i) shall remain in effect until the
Great Lakes program is terminated pursuant to
subsection (d)(1)(B).
``(3) Requirements.--The regulations promulgated under
paragraphs (1) shall--
``(A) be consistent with interim and final
standards issued under paragraphs (1) and (2) of
subsection (b), as applicable;
``(B) apply to all vessels to which the respective
standards apply;
``(C) protect the safety of--
``(i) each vessel; and
``(ii) the crew and passengers of each
vessel;
``(D) require a vessel described in paragraph (1)--
``(i) to carry out the exchange of ballast
water of the vessel in waters beyond the
exclusive economic zone in accordance with the
standards and certification procedures
promulgated under subsection (b);
``(ii) in a case in which the master of the
vessel determines that compliance with clause
(i) is impracticable, to exchange the ballast
water of the vessel in other waters in which
the exchange does not pose a threat of invasion
or spread of nonindigenous species in waters of
the United States, as designated by the
Secretary; or
``(iii) to use environmentally sound
alternative ballast water management methods,
including modification of the vessel ballast
water tanks and intake systems, if the
Secretary determines that such alternative
methods are in accordance with standards and
certification procedures promulgated under
subsection (b);
``(E) provide for sampling of ballast intake and
discharge flows through ballast piping to monitor
compliance with the regulations;
``(F) take into consideration--
``(i) vessel types;
``(ii) variations in the ecological
conditions of waters and coastal areas of the
United States; and
``(iii) different operating conditions; and
``(G) be based on the best scientific information
available.
``(4) Consistency with international agreements.--The
Secretary shall, with the concurrence of the Administrator,
revise regulations promulgated under this subsection as
necessary to ensure that the regulations relating to any matter
are consistent with the treatment of the matter in any
international agreements to which the United States is a party
that governs management of the transfer by vessel of aquatic
nonindigenous species.
``(5) Education and technical assistance.--The Secretary
may carry out education and technical assistance programs and
other measures to promote compliance with the regulations
promulgated under this subsection.
``(f) Periodic Review and Revision of Regulations.--
``(1) In general.--Not later than 3 years after the date of
enactment of the National Aquatic Invasive Species Act of 2003,
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 by relevant research, and in accordance with criteria
developed by the Task Force under paragraph (3))--
``(A) assess the compliance by vessels with
regulations promulgated under this section;
``(B) assess the effectiveness of the regulations
referred to in subparagraph (A) in reducing the
introduction and spread of aquatic invasive species by
vessels; and
``(C) as necessary, on the basis of the best
scientific information available--
``(i) revise the regulations referred to in
subparagraph (A); and
``(ii) promulgate additional regulations.
``(2) Special review and revision.--Not later than 90 days
after the date on which the Task Force makes a request to the
Secretary for a special review and revision of the program, the
Secretary shall (with the concurrence of the Administrator)--
``(A) conduct a special review of regulations in
accordance with paragraph (1); and
``(B) as necessary, in the same manner as provided
under paragraph (1)(C)--
``(i) revise those guidelines; or
``(ii) promulgate additional regulations.
``(3) Criteria for effectiveness.--Not later than 1 year
after the date of enactment of the National Aquatic Invasive
Species Act of 2003, 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.''.
SEC. 105. SANCTIONS.
Section 1101(g) of the Nonindigenous Aquatic Nuisance Prevention
and Control Act of 1990 (16 U.S.C. 1101(g)) is amended to read as
follows:
``(g) 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 App. U.S.C. 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
title;
``(ii) contingency requirements of section
1211; and
``(iii) reporting requirements of this
title.''.
SEC. 106. PROGRAM COORDINATION.
Section 1101 of the Nonindigenous Aquatic Nuisance Prevention and
Control Act of 1990 (16 U.S.C. 1101) is further amended by striking
subsections (h), (i), and (j) and inserting the following:
``(h) 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.
``(i) Consultation with Canada, Mexico, and Other Foreign
Governments.--In developing the guidelines issued and regulations
promulgated under this section, the Secretary is encouraged to consult
with the Government of Canada, the Government of Mexico, and any other
government of a foreign country that the Secretary, in consultation
with the Task Force, determines to be necessary to develop and
implement an effective international program for preventing the
unintentional introduction and spread of nonindigenous species.
``(j) International Cooperation.--
``(1) In general.--The Secretary, in cooperation with the
International Maritime Organization of the United Nations and
the Commission on Environmental Cooperation established
pursuant to the North American Free Trade Agreement, is
encouraged to enter into negotiations with the governments of
foreign countries to develop and implement an effective
international program for preventing the unintentional
introduction and spread of nonindigenous species.
``(2) Sense of congress on international agreements to
protect aquatic ecosystems from species introduction through
ballast water.--
``(A) Findings.--The Congress finds that--
``(i) the aquatic ecosystems of the United
States have been and continue to be subject to
permanent and costly damage resulting from
aquatic invasive species introduced by ballast
water of vessels entering United States ports;
``(ii) the United States is currently
engaged in international negotiations over
regulation of the ballast water of vessels to
prevent the introductions;
``(iii) this Act and the amendments made by
the National Aquatic Invasive Species Act of
2003 establish a minimum acceptable domestic
effort to protect aquatic ecosystems of the
United States from the introduction of invasive
species by the ballast water of vessels; and
``(iv) the programs established under this
Act and the amendments made by the National
Aquatic Invasive Species Act of 2003 address
the fundamental and legitimate operations and
safety concerns of the maritime industry.
``(B) Sense of congress.--It is the sense of the
Congress that the United States should become party to
an international agreement that relates to the
protection of aquatic ecosystems from the introduction
of invasive species by the ballast water of vessels
only if the agreement is at least as protective of the
aquatic ecosystems as this Act and the amendments made
by this Act.''.
SEC. 107. VESSEL SAFETY.
Section 1101(k) of the Nonindigenous Aquatic Nuisance Prevention
and Control Act of 1990 (16 U.S.C. 1101(k)) is amended to read as
follows:
``(k) Safety Exemption.--
``(1) Master discretion.--The Master of a vessel is not
required to conduct a ballast water exchange if the Master
determines that the exchange would threaten the safety or
stability of the vessel, or the crew or passengers of the
vessel, because of adverse weather, vessel architectural
design, equipment failure, or any other extraordinary
conditions.
``(2) Other requirements.--A vessel that does not exchange
ballast water on the high seas under paragraph (1) shall not
discharge ballast water in any harbor, except in accordance
with a contingency strategy approved by the Secretary (and
included in the invasive species management plan of the vessel)
to reduce the risk of organism transfer by the discharge (using
the best practicable technology and practices pursuant to
regulations promulgated under subsection (b)(1)(B)(iii)).''.
SEC. 108. RELATIONSHIP TO OTHER LAW.
Section 1101 of the Nonindigenous Aquatic Nuisance Prevention and
Control Act of 1990 (16 U.S.C. 1101) is further amended by adding at
the end the following:
``(m) Applicability; Effect on Other Law.--Nothing in this section
or any regulation promulgated under this section supersedes or
otherwise affects any requirement or prohibition relating to the
discharge of ballast water under the Federal Water Pollution Control
Act (33 U.S.C. 1251 et seq.).''.
SEC. 109. ARMED SERVICES WHOLE VESSEL MANAGEMENT PROGRAM.
(a) In General.--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, the Task Force, and the
International Maritime Organization, shall implement a
towed vessel management program for Department of
Defense vessels to minimize the risk of introductions
of aquatic invasive species through hull and associated
hull aperture transfers by towed vessels.
``(B) Current ballast program.--Subparagraph (A)
shall not affect the ballast program for Department of
Defense vessels in effect immediately before the
enactment of the National Aquatic Invasive Species Act
of 2003.
``(3) Reports.--Not later than 3 years after the date of
enactment of the National Aquatic Invasive Species Act of 2003,
and every 3 years thereafter, the Secretary of Defense shall
submit to the Congress a report that includes a summary and
analysis of the program carried out under this section.''.
SEC. 110. CONFORMING AMENDMENTS.
(a) Section 1101(g) of the Nonindigenous Aquatic Nuisance
Prevention and Control Act of 1990 (16 U.S.C. 4711(g)) is amended by
striking ``under subsection (b) or (f)'' each place it appears and
inserting ``under this section''.
(b) 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)''.
(c) 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)''.
TITLE II--PREVENTION OF THE INTRODUCTION OF AQUATIC INVASIVE SPECIES BY
OTHER PATHWAYS
SEC. 201. PRIORITY PATHWAY MANAGEMENT PROGRAM.
Subtitle C of title I of the Nonindigenous Aquatic Nuisance
Prevention and Control Act of 1990 (16 U.S.C. 4721 et seq.) is amended
by adding at the end the following:
``SEC. 1210. PRIORITY PATHWAY MANAGEMENT PROGRAM.
``(a) Identification of High Priority Pathways.--Not later than 2
years after the date of enactment of the National Aquatic Invasive
Species Act of 2003, 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, 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 National Aquatic Invasive Species
Act of 2003, the Task Force or agencies of jurisdiction shall, to the
maximum extent practicable, implement the strategies described in
subsection (a)(2).''.
SEC. 202. SCREENING PROCESS FOR PLANNED IMPORTATIONS OF LIVE AQUATIC
ORGANISMS.
Subtitle B of the Nonindigenous Aquatic Nuisance Prevention and
Control Act of 1990 (16 U.S.C. 4711 et seq.) is amended by adding at
the end the following:
``SEC. 1105. SCREENING PROCESS FOR PLANNED IMPORTATIONS OF LIVE AQUATIC
ORGANISMS.
``(a) In General.--Not later than 3 years after the date of
enactment of the National Aquatic Invasive Species Act of 2003, no live
aquatic organism not in trade shall be imported into the United States
without screening and approval in accordance with subsections (c) and
(d).
``(b) Guidelines.--
``(1) In general.--Not later than 30 months after the date
of enactment of the National Aquatic Invasive Species Act of
2003, 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 organisms by
human or natural means;
``(B) organisms that may occur in association with
the organism 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 not in trade 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 organism is likely to spread; and
``(2) species with 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 not in trade shall screen the organism in accordance
with guidelines promulgated under subsection (b).
``(2) Delegation and authority.--If no agency has authority
described in paragraph (1) or an agency delegates the screening
to the Director under subsection (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 not in trade if the Director determines,
based on evaluations consistent with the screening
requirements promulgated under section (f), that the
organism 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 organism 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 Organisms in Trade.--Not later than 1 year after
the date of enactment of the National Aquatic Invasive Species Act of
2003, 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
organisms 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 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 live organism subject to screening under this
Act may increase the amount of any appropriate fee that is charged
under an authority of law to offset the cost of any screening process
carried out under this section.
``(m) Information.--A Federal agency conducting a screening process
under this section shall make the results of the process available to
the public (including international organizations).
``(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.''.
TITLE III--EARLY DETECTION; RAPID RESPONSE; CONTROL AND OUTREACH
SEC. 301. EARLY DETECTION.
Subtitle B of the Nonindigenous Aquatic Nuisance Prevention and
Control Act of 1990 (16 U.S.C. 4711 et seq.) (as amended by section
202) is amended by adding at the end the following:
``SEC. 1106. EARLY DETECTION AND MONITORING.
``(a) Early Detection.--
``(1) In general.--Not later than 18 months after the date
of enactment of the National Aquatic Invasive Species Act of
2003, 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 2 years after the
date of enactment of the National Aquatic Invasive Species Act
of 2003, 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. 302. 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 National Aquatic Invasive
Species Act of 2003--
``(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.
``(e) Federal Rapid Response Teams.--
``(1) Establishment of teams.--Not later than 1 year after
the date of enactment of the National Aquatic Invasive Species
Act of 2003, the Invasive Species Council, in coordination with
the Task Force and the heads of appropriate Federal agencies,
shall establish a Federal rapid response team for each of the
10 Federal regions that comprise the Standard Federal Regional
Boundary System.
``(2) Duties of teams.--Each Federal rapid response team
shall, at a minimum--
``(A) implement rapid eradication or control
responses for newly detected aquatic invasive species
on Federal and tribal land;
``(B) carry out, or assist in carrying out, rapid
responses for newly detected aquatic invasive species
on non-Federal land at the request of a State, Indian
tribe, or group of States or Indian tribes, with a
rapid response contingency strategy approved under
subsection (a) or (b);
``(C) provide training and expertise for State,
tribal, or regional rapid responders;
``(D) provide central sources of information for
rapid responders;
``(E) maintain a list of researchers and rapid
response volunteers; and
``(F) in carrying out any rapid response activity
with respect to an aquatic noxious weed listed under
section 412(f) of the Plant Protection Act (7 U.S.C.
7712(f)), include representatives of the Animal and
Plant Health Inspection Service.
``(3) Criteria for identifying cases of rapid response
warranting federal assistance.--Not later than 1 year after the
date of enactment of the National Aquatic Invasive Species Act
of 2003, the Task Force, with the concurrence of the Invasive
Species Council, shall develop criteria to identify cases of
rapid response warranting Federal assistance under this
subsection, including criteria relating to, at a minimum--
``(A) the extent to which infestations of aquatic
invasive species may be managed successfully by rapid
response;
``(B) the extent to which rapid response efforts
may differ from ongoing management and control; and
``(C) the extent to which infestations of
nonindigenous aquatic invasive species are considered
to be an acute or chronic threat to--
``(i) biodiversity of native fish and
wildlife;
``(ii) habitats of native fish and
wildlife; or
``(iii) human health.
``(4) Environmental criteria.--Not later than 1 year after
the date of enactment of the National Aquatic Invasive Species
Act of 2003, 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. 303. DISPERSAL BARRIERS.
(a) In General.--Section 1202 of the Nonindigenous Aquatic Nuisance
Prevention and Control Act of 1990 (16 U.S.C. 4722) is amended--
(1) by redesignating subsections (j) and (k) as subsections
(l) and (m), respectively; and
(2) by inserting after subsection (i) the following:
``(j) National Dispersal Barrier Program.--
``(1) Chicago river ship and sanitary canal dispersal
barrier project.--
``(A) In general.--The Assistant Secretary, with
the concurrence of the Administrator, shall complete
construction of, operate, and maintain, the Chicago
River Ship and Sanitary Canal dispersal barrier
project.
``(B) Consultation.--Subparagraph (A) shall be
carried out in consultation with the appropriate
Federal, State, local, and other nongovernmental
entities.
``(C) Construction.--The completed barrier project
shall include additions to the dispersal barrier in
existence on the date of enactment of the National
Aquatic Species Act of 2003, including--
``(i) backup power;
``(ii) a research vessel launching crane;
``(iii) replacement electrodes;
``(iv) other barrier elements, as available
and appropriate;
``(v) an acoustic monitoring system;
``(vi) an emergency egress system; and
``(vii) a second long-service life
dispersal barrier.
``(D) Feasibility study of chicago river ship and
sanitary canal.--
``(i) In general.--Not later than 3 years
after the date of enactment of the National
Aquatic Invasive Species Act of 2003, the
Assistant Secretary, in consultation with
appropriate Federal, State, local, and
nongovernmental entities, shall conduct a
feasibility study of the full range of options
available to prevent the spread of aquatic
species through the Chicago River Ship and
Sanitary dispersal barrier.
``(ii) Matters to be studied.--The study
shall--
``(I) provide recommendations
concerning additional and long-term
measures necessary to improve the
performance of the Chicago River Ship
and Sanitary Canal dispersal barrier;
and
``(II) examine methods and measures
necessary to achieve, to the maximum
extent practicable, 100-percent
efficacy of the barrier with respect to
aquatic invasive species of fish and
maximum efficacy of the barrier with
respect to other taxa of aquatic
invasive species.
``(2) Monitoring program.--
``(A) Establishment.--Not later than 1 year after
the date of enactment of the National Aquatic Invasive
Species Act of 2003, the Secretary of the Interior
shall establish an interbasin and intrabasin monitoring
program.
``(B) Required elements.--The monitoring program
shall--
``(i) track aquatic invasive species moving
through the Chicago River Ship and Sanitary
Canal, the Lake Champlain Canal, other
interbasin waterways, and major river systems
as recommended by regional panels convened
under section 1203;
``(ii) assess the efficacy of dispersal
barriers and other measures in preventing the
spread of aquatic invasive species through the
waterways; and
``(iii) identify waterways suitable for
dispersal barrier demonstration projects, in
addition to the waterways at which dispersal
barrier demonstration projects were carried out
before the date of enactment of the National
Aquatic Invasive Species Act of 2003.
``(C) Reports.--The Secretary of the Interior shall
issue biennial reports on the findings of the
monitoring program.
``(3) Prevention and mitigation plans for army corps of
engineers projects.--In developing projects involving
interbasin waterways or other hydrologic alternations that
could create pathways for aquatic invasive species, the
Assistant Secretary shall develop adequate prevention and
mitigation plans for controlling the dispersal of aquatic
invasive species.
``(4) Technical assistance.--The Great Lakes Environmental
Research Laboratory of the National Oceanic and Atmospheric
Administration shall provide technical assistance to
appropriate entities to assist in the research conducted under
this subsection.
``(5) Reports.--Not later than 3 years after the date of
enactment of the National Aquatic Invasive Species Act of 2003,
the Assistant Secretary and the Director shall jointly submit
to the Congress a report that describes--
``(A) the efficacy of the Chicago River Ship and
Sanitary Canal dispersal barrier project; and
``(B) a plan to provide for additional dispersal
barrier demonstration projects and further research
needs.
``(6) Additional waterways.--The Assistant Secretary, with
the concurrence of the Administrator, and other relevant
Federal agencies, shall--
``(A) identify additional waterways suitable for
the construction of new dispersal barriers (based on
the monitoring program established under paragraph
(2)); and
``(B) construct, maintain, and operate such
dispersal barriers as necessary.''.
SEC. 304. ENVIRONMENTAL SOUNDNESS.
Section 1202 of the Nonindigenous Aquatic Nuisance Prevention and
Control Act of 1990 (16 U.S.C. 4722) is further amended by inserting
after subsection (j) the following:
``(k) Improvement of Treatment Methods for Aquatic Invasive
Species.--
``(1) Criteria to evaluate environmental soundness of
treatment methods.--
``(A) In general.--Not later than 1 year after the
date of enactment of the National Aquatic Invasive
Species Act of 2003, the Administrator, in consultation
and cooperation with the Secretary, the Invasive
Species Council, and the Task Force (including any regional panels of
the Task Force) shall promulgate criteria to evaluate the treatment
methods described in subparagraph (B) for the purpose of ensuring that
the treatment methods pose no significant threat of adverse effect on
human health, public safety, or the environment (including air quality
and the aquatic environment) that is acute, chronic, cumulative, or
collective.
``(B) Treatment methods.--The treatment methods
referred to in subparagraph (A) are all chemical,
biological, and other treatment methods used in bodies
of water of the United States (regardless of whether
the bodies of water are navigable and regardless of the
origin of the waters), to prevent, treat, or respond to
the introduction of aquatic invasive species.
``(C) Consultation.--In carrying out subparagraph
(A), the Administrator shall consult with--
``(i) the Secretary of Transportation;
``(ii) the Task Force (including the
regional panels of the Task Force established
under section 1203);
``(iii) the Director;
``(iv) the Assistant Secretary;
``(v) the Director of the National Marine
Fisheries Service; and
``(vi) relevant State agencies.
``(2) Publication of information on environmentally sound
treatment methods.--The Administrator, in consultation with the
Invasive Species Council, shall publish (not later than 1 year
after the date of enactment of the National Aquatic Invasive
Species Act of 2003) 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. 305. SPECIFIC INVASIVE SPECIES CONTROL PROGRAMS.
Section 1209 of the Nonindigenous Aquatic Nuisance Prevention and
Control Act of 1990 (16 U.S.C. 4728) is amended to read as follows:
``SEC. 1209. SPECIFIC INVASIVE SPECIES CONTROL PROGRAMS.
``(a) Brown Tree Snake.--
``(1) In general.--The Task Force and the Invasive Species
Council shall support the continuation and expansion of a
regionally based comprehensive, environmentally sound program,
conducted in coordination with territories and possessions of
the United States, States, and political subdivisions, to
control the brown tree snake on Guam, the Commonwealth of the
Northern Mariana Islands, the State of Hawaii, and other areas
in which the brown tree snake is, or may become, established
outside of the historic range of the brown tree snake.
``(2) Components.--The program shall include--
``(A) the expansion of Federal and territorial
control programs on Guam that reduce the undesirable
impact of the brown tree snake on Guam and reduce the
risk of spread to areas in which the snake is not
established;
``(B) the expansion of existing control programs in
the Commonwealth of the Northern Mariana Islands and
the State of Hawaii, including the establishment of
interagency rapid response teams to assist local
governments with detecting brown tree snakes and
incipient brown tree snake populations in areas in
which brown tree snakes are not established;
``(C) product-oriented research based on control
program needs, including projects to reduce the number
of brown tree snakes on Guam and an analysis of
pathways for brown tree snake introduction into areas
in which the species is not established;
``(D) the appointment of a coordinator by the
Invasive Species Council to provide oversight and
direction over Federal actions dealing with brown tree
snake control; and
``(E) the continuation of the Brown Tree Snake
Control Committee, which shall--
``(i) be chaired by the coordinator; and
``(ii) meet annually to plan and coordinate
ongoing brown tree snake control activities on
a regional and national level.
``(b) Nutria.--
``(1) In general.--Not later than 180 days after the date
of enactment of the National Aquatic Invasive Species Act of
2003, the Task Force shall establish a national subcommittee on
nutria composed of representatives of--
``(A) the United States Fish and Wildlife Service;
``(B) the United States Geological Survey;
``(C) State fish and wildlife agencies in States
affected by nutria; and
``(D) nonprofit and commercial interests in nutria
and the impact of nutria on native habitat and species.
``(2) Proposal for nutria control.--Not later than 1 year
after the date of enactment of the National Aquatic Invasive
Species Act of 2003, the subcommittee shall--
``(A) report to the Task Force on actions taken to
carry out this subsection;
``(B) draft a proposal for--
``(i) nutria control guidelines; and
``(ii) support, criteria, and processes for
grants to promote State and regional
partnership efforts to control nutria in
accordance with the guidelines; and
``(C) submit the proposal to the Task Force for
approval, including a recommendation to the Task Force
on national priority tasks and resources required to
carry out the proposal.
``(3) Other duties.--In addition to the responsibilities
described in paragraph (2), the subcommittee shall--
``(A) oversee and coordinate implementation of
approved national priority tasks relating to nutria
control;
``(B) review State and regional partnership grant
proposals and make recommendations to the Task Force on
making grants to carry out the proposals; and
``(C) carry out additional duties assigned to the
subcommittee by the Task Force (including a co-
chairperson of the Task Force).''.
SEC. 306. INFORMATION, EDUCATION, AND OUTREACH.
Section 1202(h) of the Nonindigenous Aquatic Nuisance Prevention
and Control Act of 1990 (16 U.S.C. 4722(h)) is amended--
(1) by striking ``(h) Education.--The Task Force'' and
inserting the following:
``(h) Information, Education, and Outreach.--
``(1) In general.--The Task Force''; and
(2) by adding at the end the following:
``(2) Activities.--
``(A) In general.--The programs carried out under
paragraph (1) shall include the activities described in
this paragraph.
``(B) Public outreach.--
``(i) Public warnings.--Not later than 180
days after the date of enactment of the
National Aquatic Invasive Species Act of 2003,
each Federal officer of an agency that provides
Federal funds to States for building or
maintaining public access points to United
States water bodies shall amend the guidelines
of the agency, in consultation with relevant
State agencies, to encourage the posting of
regionally specific public warnings or other
suitable informational and educational
materials at the access points regarding--
``(I) the danger of spread of
aquatic invasive species through the
transport of recreational watercraft;
and
``(II) methods for removing
organisms prior to transporting a
watercraft.
``(ii) Cleaning of watercraft at marinas.--
Not later than 1 year after the date of
enactment of the National Aquatic Invasive
Species Act of 2003, 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 nonnative live
aquatic organisms in trade.--The Task Force
shall--
``(I) not later than 1 year after
the date of enactment of the National
Aquatic Invasive Species Act of 2003,
develop (in consultation with industry
and other affected parties) issue
guidelines for proper disposal of live
nonnative aquatic organisms in trade;
and
``(II) use the guidelines in
appropriate public information and
outreach efforts.
``(C) 100th meridian program.--
``(i) In general.--Not later than 1 year
after the date of enactment of the National
Aquatic Invasive Species Act of 2003, 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, including the Lewis and Clark
Bicentennial Expedition.
``(3) Outreach to industry.--The Task Force, in conjunction
with the Invasive Species Council, shall carry out activities
to inform and promote voluntary cooperation and regulatory
compliance by members of the national and international
maritime, horticultural, aquarium, aquaculture, and pet trade
industries with screening, monitoring, and control of the
transportation of aquatic invasive species.
``(4) Public access to monitoring information.--The Task
Force, 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).''.
TITLE IV--COORDINATION
SEC. 401. 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 National Aquatic Invasive Species Act
of 2003, 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) in subparagraph (A), by inserting before the
semicolon at the end the following: ``, including, in
accordance with guidelines issued by the Task Force
under paragraph (5)--
``(i) rapid response contingency strategies
under section 1211;
``(ii) early detection strategies under
section 1211(a)(2)(D);
``(iii) aquatic plant control programs
pursuant to other law; and
``(iv) screening of planned introductions
pursuant to section 1105''; and
(B) in subparagraph (D), by inserting ``include''
after ``(D)''; and
(2) by adding at the end the following:
``(5) Guidelines.--
``(A) In general.--Not later than 1 year after the
date of enactment of the National Aquatic Invasive
Species Act of 2003, 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 2003
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. 402. INTERNATIONAL COORDINATION.
Subtitle E of the Nonindigenous Aquatic Nuisance Prevention and
Control Act of 1990 (16 U.S.C. 4751 et seq.) is amended--
(1) by striking the subtitle heading and inserting the
following:
``Subtitle E--Administration'';
and
(2) by adding at the end the following:
``SEC. 1402. INTERNATIONAL COORDINATION.
``(a) In General.--The Task Force, the Invasive Species Council,
and the Secretary of State shall, to the maximum extent practicable,
coordinate activities to ensure that international efforts to prevent
and manage aquatic invasive species (including through the
International Maritime Organization, the International Convention on
the Exploration of the Sea, the Global Invasive Species Program, and
other appropriate programs) are coordinated with policies of the United
States established by this Act.
``(b) Coordination With Neighboring Countries.--
``(1) In general.--The Task Force, in consultation with the
Secretary of State, shall include in the report required by
section 1202(m) a description of the means by which
international agreements and regulations with countries that
share a border with the United States will be implemented and
enforced by Federal agencies (including a clarification of the
roles and responsibilities of those agencies).
``(2) Negotiations.--As soon as practicable after the date
of enactment of the National Aquatic Invasive Species Act of
2003, 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.''.
TITLE V--AUTHORIZATION OF APPROPRIATIONS
SEC. 501. 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 2004 through 2008.
``(b) Task Force and Aquatic Nuisance Species Program.--There are
authorized to be appropriated for each of fiscal years 2004 through
2008--
``(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 2004 through 2008.
``(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 2004 through 2008--
``(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 2004 through
2008--
``(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 is authorized to be
appropriated, to carry out early detection, monitoring, and survey
planning and implementation under section 1106, $2,000,000 for each of
fiscal years 2004 and 2005 and $10,000,000 for each of fiscal years
2006 through 2008, of which--
``(1) for each of fiscal years 2004 and 2005--
``(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 2006 through 2008--
``(A) $5,000,000 shall be used by the National
Oceanic and Atmospheric Administration; and
``(B) $5,000,000 shall be used by the Director.
``(g) Containment and Control.--
``(1) Dispersal barriers.--There are authorized to be
appropriated for each of fiscal years 2004 through 2008--
``(A) $300,000, to be used by the Assistant
Secretary in carrying out operation and maintenance of
the Chicago River Canal Dispersal Barrier under section
1202(j)(1);
``(B) $1,800,000, to be used by the Assistant
Secretary in carrying out the complete construction of
the Chicago River Canal Dispersal Barrier;
``(C) $8,000,000, to be used by the Assistant
Secretary for the construction of a second long-service
life barrier for the Chicago River Canal;
``(D) $500,000, to be used by the Assistant
Secretary to carry out a feasibility study for the
construction described in subparagraph (C); and
``(E) $2,150,000, to be used by the Director to
carry out the monitoring program under section
1202(j)(2).
``(2) Rapid response.--There are authorized to be
appropriated for each of fiscal years 2004 through 2008--
``(A) $25,000,000, to the rapid response fund of
the Secretary of the Interior established under section
1211;
``(B) $1,000,000, to be used by the Invasive
Species Council in developing the State and regional
rapid response contingency strategy under section 1211;
and
``(C) $1,500,000, to be used for Federal rapid
response teams under section 1211(e), of which--
``(i) $500,000 shall be used by the
National Oceanic and Atmospheric
Administration; and
``(ii) $1,000,000 shall be used by the
Director.
``(3) Environmental soundness.--There is authorized to be
appropriated for establishment under section 1202(k) of
criteria for the improvement of treatment methods for aquatic
invasive species $600,000 for each of fiscal years 2003 through
2007.
``(4) Specific invasive species control programs.--There is
authorized to be appropriated to the Director, to carry out
section 1209, $9,000,000 for each of fiscal years 2004 through
2008, of which--
``(A) $3,000,000 shall be used for the nutria
control program; and
``(B) $6,000,000 shall be used for the brown tree
snake program.
``(h) Information, Education, and Outreach.--There are authorized
to be appropriated for each of fiscal years 2004 through 2008--
``(1) $500,000, to be used by the Secretary of the Interior
to carry out the information and education program under
section 1202(h)(2)(D);
``(2) $750,000, to be used by the Director in carrying out
the 100th meridian program under section 1202(h)(2)(C);
``(3) $2,000,000, to be used to carry out informational and
educational activities of the Task Force under section 1202(h),
of which--
``(A) $1,000,000 shall be used by the National
Oceanic and Atmospheric Administration; and
``(B) $1,000,000 shall be used by the Director; and
``(4) $500,000, to be used by the National Oceanic and
Atmospheric Administration to carry out section
1202(h)(2)(B)(ii).''.
TITLE VI--CONFORMING AMENDMENTS
SEC. 601. CONFORMING AMENDMENTS.
(a) In General.--The Nonindigenous Aquatic Nuisance Prevention and
Control Act of 1990 is amended--
(1) in section 1101 (16 U.S.C. 4711), by striking the
section heading and inserting the following:
``SEC. 1101. PREVENTION OF INTRODUCTION OF AQUATIC INVASIVE SPECIES
INTO WATERS OF THE UNITED STATES BY VESSELS.'';
(2) in section 1102 (16 U.S.C. 4712)--
(A) in subsection (a), by striking the subsection
heading and inserting the following:
``(a) Studies on Introduction of Aquatic Invasive Species by Vessels.--
''; and
(B) in subsection (b)--
(i) by striking paragraph (1); and
(ii) by redesignating paragraphs (2) and
(3) as paragraphs (1) and (2), respectively;
(3) in subtitle C (16 U.S.C. 4721 et seq.), by striking the
subtitle heading and inserting the following:
``Subtitle C--Prevention and Control of Aquatic Invasive Species
Dispersal'';
(4) in section 1201(a) (16 U.S.C. 4721(a)), by striking
``Nuisance Species'' and inserting ``Invasive Species'';
(5) in section 1202 (16 U.S.C. 4722), by striking the
section heading and inserting the following:
``SEC. 1202. AQUATIC INVASIVE SPECIES PROGRAM.'';
(6) in section 1204 (16 U.S.C. 4724), by striking the
section heading and inserting the following:
``SEC. 1204. STATE AQUATIC INVASIVE SPECIES MANAGEMENT PLANS.'';
and
(7) by striking ``aquatic nuisance species'' each place it
appears and inserting ``aquatic invasive species''.
(b) Short Title.--
(1) Section 1001 of the Nonindigenous Aquatic Nuisance
Prevention and Control Act of 1990 (16 U.S.C. 4701) is amended
by striking ``Nonindigenous Aquatic Nuisance'' and inserting
``Nonindigenous Aquatic Invasive Species''.
(2) References.--Any reference in a law, map, regulation,
document, paper, or other record of the United States to the
Nonindigenous Aquatic Nuisance Prevention and Control Act of
1990 shall be deemed to be a reference to the Nonindigenous
Aquatic Invasive Species Prevention and Control Act of 1990.
<all>
Introduced in House
Introduced in House
Referred to the Committee on Transportation and Infrastructure, and in addition to the Committee on Resources, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.
Referred to the Committee on Transportation and Infrastructure, and in addition to the Committee on Resources, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.
Referred to the Committee on Transportation and Infrastructure, and in addition to the Committee on Resources, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.
Referred to the Subcommittee on Water Resources and Environment.
Referred to the Subcommittee on Fisheries Conservation, Wildlife and Oceans.
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