H.R. 500 (111th): Great Lakes Collaboration Implementation Act

111th Congress, 2009–2010. Text as of Jan 14, 2009 (Introduced).

Status & Summary | PDF | Source: GPO

I

111th CONGRESS

1st Session

H. R. 500

IN THE HOUSE OF REPRESENTATIVES

January 14, 2009

(for himself, Mr. Dingell, Mr. Kirk, Ms. Slaughter, Mr. Levin, Mr. Kildee, Mr. Rogers of Michigan, Mr. Stupak, Mr. McCotter, Mr. Peters, Mr. Hoekstra, Mr. Upton, Mr. Kucinich, Ms. Sutton, Ms. Moore of Wisconsin, Ms. Baldwin, Ms. Schakowsky, Ms. Kaptur, Mr. Sensenbrenner, Mr. Higgins, and Mr. Conyers) introduced the following bill; which was referred to the Committee on Transportation and Infrastructure, and in addition to the Committees on Natural Resources, Science and Technology, and House Administration, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned

A BILL

To establish a collaborative program to protect the Great Lakes, and for other purposes.

1.

Short title; table of contents

(a)

Short title

This Act may be cited as the Great Lakes Collaboration Implementation Act.

(b)

Table of contents

The table of contents of this Act is as follows:

Sec. 1. Short title; table of contents.

Sec. 2. Findings.

Sec. 3. Definitions.

Title I—Invasive Species Prevention

Subtitle A—National Aquatic Invasive Species

Chapter 1—Prevention of introduction of aquatic invasive species into waters of the United States by vessels

Sec. 101. Prevention of introduction of aquatic Invasive Species into waters of the United States by vessels.

Sec. 102. Armed Services whole vessel management program.

Chapter 2—Prevention of the introduction of aquatic invasive species by other pathways

Sec. 106. Priority pathway management program.

Sec. 107. Screening process for planned importations of live aquatic organisms.

Chapter 3—Early Detection; Rapid Response; Control and Outreach

Sec. 111. Early detection.

Sec. 112. Rapid response.

Sec. 113. Environmental soundness.

Sec. 114. Information, education, and outreach.

Chapter 4—Coordination

Sec. 116. Program coordination.

Sec. 117. International coordination.

Chapter 5—Authorization of Appropriations

Sec. 121. Authorization of appropriations.

Chapter 6—Conforming Amendments

Sec. 126. Conforming amendments.

Subtitle B—Aquatic Invasive Species Research

Sec. 141. Findings.

Sec. 142. Definitions.

Sec. 143. Coordination and implementation.

Sec. 144. Ecological and pathway research.

Sec. 145. Analysis.

Sec. 146. Dissemination.

Sec. 147. Technology development, demonstration, and verification.

Sec. 148. Research to support the setting and implementation of ship pathway standards.

Sec. 149. Research in systematics and taxonomy.

Sec. 150. State programs.

Subtitle C—Invasive Species Council

Sec. 161. Short title.

Sec. 162. Statement of policy regarding Federal duties.

Sec. 163. National Invasive Species Council.

Sec. 164. Duties.

Sec. 165. National Invasive Species Management Plan.

Sec. 166. Invasive Species Advisory Committee.

Sec. 167. Budget crosscut.

Sec. 168. Definitions.

Sec. 169. Existing Executive Order.

Sec. 170. Authorization of appropriations.

Title II—Coastal Health

Sec. 201. Technical assistance.

Sec. 202. Sewer overflow control grants.

Sec. 203. Water pollution control revolving loan funds.

Sec. 204. Allotment of funds.

Sec. 205. Authorization of appropriations.

Title III—Areas of Concern

Sec. 301. Great Lakes.

Title IV—Clean Water Authority

Sec. 401. Definition of waters of the United States.

Sec. 402. Conforming amendments.

Title V—Toxic Substances

Sec. 501. Mercury reduction grants.

Title VI—Indicators and Information

Subtitle A—Research program

Sec. 601. Research reauthorizations.

Sec. 602. Great Lakes Environmental Research Laboratory.

Sec. 603. Great Lakes Science Center.

Sec. 604. Center for sponsored coastal ocean research.

Subtitle B—Ocean and coastal observation system

Sec. 611. Definitions.

Sec. 612. Integrated ocean and coastal observing system.

Sec. 613. Research, development, and education.

Sec. 614. Interagency financing.

Sec. 615. Application with Outer Continental Shelf Lands Act.

Sec. 616. Authorization of appropriations.

Sec. 617. Reporting requirement.

Subtitle C—Great lakes water quality indicators and monitoring

Sec. 621. Great Lakes water quality indicators and monitoring.

Title VII—Sustainable Development

Sec. 701. Waterfront restoration and remediation projects.

Sec. 702. Authority of Secretary to restore and remediate waterfront and related areas.

Sec. 703. Authorization of appropriations.

Title VIII—Coordination and Oversight

Sec. 801. Definitions.

Sec. 802. Great Lakes Interagency Task Force.

Sec. 803. Executive Committee.

Sec. 804. Great Lakes Regional Collaboration.

2.

Findings

Congress finds that—

(1)

the Great Lakes, with about 20 percent of the Earth’s fresh surface water, is a treasure of global significance, supporting drinking water for millions of people, providing for commerce, and providing recreation for people from across the Nation and around the world;

(2)

renewed efforts and investments are critical to aid in fulfilling the goals and objectives of the Great Lakes Water Quality Agreement between the United States and Canada;

(3)

in a report issued in December 2005, a group of leading scientists from top institutions in the Great Lakes area found that—

(A)

the Great Lakes are on the brink of an ecological catastrophe;

(B)

the primary stressors straining the health of the Great Lakes are—

(i)

toxic chemicals;

(ii)

the overloading of human waste and urban and agricultural runoff;

(iii)

physical changes to the shorelines and wetlands;

(iv)

invasive plant and animal species;

(v)

changes in water patterns; and

(vi)

overfishing;

(C)

the deterioration of the Great Lakes ecosystem is accelerating dramatically; and

(D)

if the pattern of deterioration is not reversed immediately, the damage could be irreparable;

(4)

as a result of the stressors described in paragraph (3)(B)—

(A)

more than 1,800 beaches were closed in 2003;

(B)

Lake Erie has developed a 6,300 square mile dead zone that forms every summer;

(C)

the zebra mussel, an aquatic invasive species, causes $500,000,000 per year in economic and environmental damage in the Great Lakes;

(D)

there is no appreciable natural reproduction of lake trout in the lower 4 Great Lakes; and

(E)

wildlife habitats have been destroyed, which has diminished fishing, hunting, and other outdoor recreation opportunities in the Great Lakes;

(5)

because of the patchwork approach to fixing the problems facing the Great Lakes, the problems have not only persisted in, but have also gotten worse in some areas of, the Great Lakes;

(6)

rather than dealing with 1 problem or location of the Great Lakes at a time, a comprehensive restoration of the system is needed to prevent the Great Lakes from collapsing;

(7)

in December 2004, work began on the Great Lakes Regional Collaboration, a unique partnership that was—

(A)

formed for the purpose of developing a strategic action plan for Great Lakes restoration; and

(B)

composed of—

(i)

key members from the Federal Government, State and local governments, and Indian tribes; and

(ii)

other stakeholders;

(8)

over 1,500 people throughout the Great Lakes region participated in this collaborative process, with participants working on 1 or more of the 8 strategy teams that focused on different issues affecting the Great Lakes basin;

(9)

the recommendations of the Great Lakes Regional Collaboration, which were released on December 12, 2005, identify actions to address the issues affecting the Great Lakes basin on the Federal, State, local, and tribal level; and

(10)

comprehensive restoration must be adaptive, and ongoing efforts are needed continually to implement the recommendations of the Great Lakes Regional Collaboration relating to buffers, river restoration, wetlands, emerging toxic pollutants, and other issues affecting the Great Lakes basin.

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:

1003.

Definitions

In this Act:

(1)

Administrator

The term Administrator means the Administrator of the Environmental Protection Agency.

(2)

Aquatic ecosystem

The term aquatic ecosystem means a freshwater, marine, or estuarine environment (including inland waters and wetlands), located wholly in the United States.

(3)

Aquatic organism

(A)

In general

The term aquatic organism means a living animal, plant, fungus, or microorganism inhabiting or reproducing in an aquatic ecosystem.

(B)

Inclusions

The term aquatic organism includes—

(i)

seeds;

(ii)

eggs;

(iii)

spores; and

(iv)

any other viable biological material.

(4)

Assistant secretary

The term Assistant Secretary means the Assistant Secretary of the Army for Civil Works.

(5)

Ballast water

The term ballast water means any water (with its suspended matter) used to maintain the trim and stability of a vessel.

(6)

Best performing treatment technology

The term best performing treatment technology means the ballast water treatment technology that is, as determined by the Secretary—

(A)

the most biologically effective;

(B)

the most environmentally sound; and

(C)

suitable, available, and economically practicable.

(7)

Coastal voyage

The term coastal voyage means a voyage conducted entirely within the exclusive economic zone.

(8)

Director

The term Director means the Director of the United States Fish and Wildlife Service.

(9)

Environmentally sound

The term environmentally sound, refers to an activity that prevents or reduces introductions, or controls infestations, of aquatic invasive species in a manner that minimizes adverse effects on—

(A)

the structure and function of an ecosystem; and

(B)

nontarget organisms and ecosystems.

(10)

Exclusive economic zone

The term exclusive economic zone means the area comprised of—

(A)

the Exclusive Economic Zone of the United States established by Proclamation Number 5030, dated March 10, 1983; and

(B)

the equivalent zones of Canada and Mexico.

(11)

Existing vessel

The term existing vessel means any vessel that enters service on or before December 31, 2011.

(12)

Great lakes

The term Great Lakes means—

(A)

Lake Erie;

(B)

Lake Huron (including Lake Saint Clair);

(C)

Lake Michigan;

(D)

Lake Ontario;

(E)

Lake Superior;

(F)

the connecting channels of those Lakes, including—

(i)

the Saint Mary’s River;

(ii)

the Saint Clair River;

(iii)

the Detroit River;

(iv)

the Niagara River; and

(v)

the Saint Lawrence River to the Canadian border; and

(G)

any other body of water located within the drainage basin of a Lake, River, or connecting channel described in any of subparagraphs (A) through (F).

(13)

Great lakes region

The term Great Lakes region means the region comprised of the States of Illinois, Indiana, Michigan, Minnesota, New York, Ohio, Pennsylvania, and Wisconsin.

(14)

In trade

The term in trade, with respect to a species, means a species that has a documented history of repeatedly being commercially imported into the United States during the period beginning on January 1, 1990, and ending on January 1, 2009.

(15)

Indian tribe

The term Indian tribe has the meaning given the term in section 4 of the Indian Self-Determination and Education Assistance Act (25 U.S.C. 450b).

(16)

Interbasin waterway

The term interbasin waterway means a waterway that connects 2 distinct water basins.

(17)

Introduction

The term introduction means the transfer of an organism to an ecosystem outside the historic range of the species of which the organism is a member.

(18)

Invasion

The term invasion means an infestation of an aquatic invasive species.

(19)

Invasive species

The term invasive species means a nonindigenous species the introduction of which into an ecosystem may cause harm to the economy, environment, human health, recreation, or public welfare.

(20)

National Invasive Species Council

The term National Invasive Species Council means the interagency council established by section 3 of Executive Order No. 13112 (42 U.S.C. 4321 note).

(21)

New vessel

The term new vessel means any vessel that enters service on or after January 1, 2012.

(22)

Nonindigenous species

The term nonindigenous species means any species in an ecosystem the range of which exceeds the historic range of the species in that ecosystem.

(23)

Organism transfer

The term organism transfer means the movement of an organism of any species from 1 ecosystem to another ecosystem outside the historic range of the species.

(24)

Pathway

The term pathway means 1 or more vectors by which an invasive species is transferred from 1 ecosystem to another.

(25)

Planned importation

The term planned importation means the purposeful movement of 1 or more nonindigenous organisms for use in the territorial limits of the United States.

(26)

Regional panel

The term regional panel means a panel convened in accordance with section 1203.

(27)

Saltwater flushing

The term saltwater flushing means the process of—

(A)

adding midocean water to a ballast water tank that contains residual quantities of ballast water;

(B)

mixing the midocean water with the residual ballast water and sediment in the tank through the motion of a ship; and

(C)

discharging the mixed water so that the salinity of the resulting residual ballast water in the tank exceeds 30 parts per thousand.

(28)

Secretary

The term Secretary means the Secretary of Homeland Security.

(29)

Species

The term species means any fundamental category of taxonomic classification below the level of genus or subgenus, including a species, subspecies, or any recognized variety of animal, plant, fungus, or microorganism.

(30)

Task force

The term Task Force means the Aquatic Nuisance Species Task Force established by section 1201(a).

(31)

Treatment

The term treatment means a mechanical, physical, chemical, biological, or other process or method of killing, removing, or rendering inviable organisms.

(32)

Type approval

The term type approval means an approval procedure under which a type of system is initially certified as meeting a standard established by law (including a regulation) for a particular application if the system is operated correctly.

(33)

Under secretary

The term Under Secretary means the Under Secretary of Commerce for Oceans and Atmosphere.

(34)

Undesirable impact

The term undesirable impact means economic, human health, aesthetic, or environmental degradation that is not necessary for, and is not clearly outweighed by, public health, environmental, or welfare benefits.

(35)

Waters of the united states

(A)

In general

The term waters of the United States means the navigable waters and territorial sea of the United States.

(B)

Inclusion

The term waters of the United States includes the Great Lakes.

.

I

Invasive Species Prevention

A

National Aquatic Invasive Species

1

Prevention of introduction of aquatic invasive species into waters of the United States by vessels

101.

Prevention of introduction of aquatic Invasive Species into waters of the United States by vessels

(a)

In general

Section 1101 of the Nonindigenous Aquatic Nuisance Prevention and Control Act of 1990 (16 U.S.C. 4711) is amended to read as follows:

1101.

Prevention of introduction of aquatic invasive species into waters of the United States by vessels

(a)

Requirements for vessels operating in waters of the United States

(1)

Invasive species management plan

(A)

In general

Effective beginning on the date that is 180 days after the issuance of guidelines pursuant to subparagraph (D) and promulgation of any regulations under this section, each vessel that is equipped with a ballast tank, and any towed vessel or structure, operating in waters of the United States shall have in effect, and have available for inspection, an aquatic invasive species management plan.

(B)

Specificity

The management plan shall be specific to the vessel (or group of vessels with characteristics similar to that of the vessel, as determined by the Secretary).

(C)

Requirements

The management plan shall—

(i)

prescribe a safe and effective means to minimize introductions and transfers of invasive species; and

(ii)

include, at a minimum, such information as is requested by the Secretary pursuant to subparagraph (D), including—

(I)

operational requirements to safely and effectively comply with the applicable ballast water management requirements under paragraph (4);

(II)

operational requirements to safely and effectively carry out any actions consistent with a rapid response contingency strategy required by States and approved by the Secretary under section 1211;

(III)

at the discretion of the Secretary, other operational requirements that are specified in guidelines adopted by the International Maritime Organization;

(IV)

a description of all reporting requirements and a copy of each form necessary to meet those requirements;

(V)

the position of the officer responsible for implementation of ballast water management and reporting procedures on board;

(VI)

documents relevant to aquatic invasive species management equipment or procedures;

(VII)

a description of the location of access points for sampling ballast or sediments pursuant to paragraph (3)(B)(vi);

(VIII)

a description of requirements relating to compliance with any approved rapid response strategy relevant to the voyage of the vessel;

(IX)

a contingency strategy applicable under section 1211, if appropriate; and

(X)

such requirements described in subsection (b) as are applicable to the vessel.

(D)

Guidelines

Not later than 18 months after the date of enactment of the Great Lakes Collaboration Implementation Act, the Secretary shall issue final guidelines for the development of invasive species management plans, including guidelines that—

(i)

identify types of vessels for which plans are required;

(ii)

establish processes for updating and revising the plans; and

(iii)

establish criteria for compliance with this subsection.

(2)

Records

The master of a vessel shall—

(A)

maintain records of all ballast operations, for such period of time and including such information as the Secretary may specify;

(B)

permit inspection of the records by representatives of the Secretary and of the State in which the port is located; and

(C)

transmit records to the National Ballast Information Clearinghouse established under section 1102(f).

(3)

Best management practices

(A)

In general

Not later than 18 months after the date of enactment of the Great Lakes Collaboration Implementation Act, the Secretary shall issue guidelines on best management practices to eliminate or minimize and monitor organism transfer by vessels.

(B)

Practices to be included

The best management practices shall include—

(i)

sediment management in transoceanic vessels;

(ii)

minimization of ballast water uptake in areas in which there is a greater risk of harmful organisms entering ballast tanks (such as areas with toxic algal blooms or known outbreaks of aquatic invasive species);

(iii)

avoidance of unnecessary discharge of ballast water in a port that was taken up in another port;

(iv)

to the maximum extent practicable, collection and the proper disposal of debris from the cleaning of the hull;

(v)

proper use of anti-fouling coating; and

(vi)

provision of sample access ports in ballast piping for sampling of ballast intake and discharge.

(4)

Ballast water management

(A)

In general

Effective beginning on the date that is 180 days after the Secretary promulgates regulations to carry out this section, and except as provided in subparagraph (B), each vessel equipped with a ballast water tank that enters a United States port shall comply with the regulations relating to ballast water management.

(B)

Exceptions

(i)

Vessels operating entirely within exclusive economic zone

Before December 31, 2013, a vessel equipped with a ballast tank, and any towed vessel or structure, that operates entirely within the exclusive economic zone shall not be required to comply with the regulations described in subsection (b)(2).

(ii)

Vessels operating in enclosed aquatic ecosystems

(I)

In general

Subject to subclause (II), an existing vessel equipped with a ballast tank, and any towed vessel or structure, that operates exclusively in the upper 4 Great Lakes (Lake Superior, Lake Michigan, Lake Huron, and Lake Erie, and the connecting channels), or in another enclosed aquatic ecosystem shall not be required to comply with the regulations described in subsection (b)(1).

(II)

Additional enclosed aquatic ecosystems

The Administrator and the Under Secretary, in consultation with regional panels of the Task Force, may determine additional enclosed aquatic ecosystems in which the potential for movement of organisms by natural and anthropogenic means is not significantly altered by the movement of the vessels equipped with ballast tanks.

(b)

Invasive species management regulations and certification procedures

(1)

Regulations

Not later than 18 months after the date of enactment of the Great Lakes Collaboration Implementation Act, the Secretary, with the concurrence of the Administrator and in consultation with the Task Force, shall promulgate final regulations establishing performance requirements for vessels to reduce or eliminate introduction by the vessels of invasive species to waters of the United States, including—

(A)

ballast water management operations (including relevant contingency procedures in instances in which a safety exemption is used pursuant to subsection (h)); and

(B)

management of other vessel pathways, including the hull and sea chest of a vessel.

(2)

Ballast water exchange

The regulations promulgated pursuant to paragraph (1)—

(A)

shall apply only to existing vessels;

(B)

shall expire not later than December 31, 2013; and

(C)

shall include—

(i)

a provision for ballast water exchange that requires—

(I)

at least 1 empty-and-refill cycle, outside the exclusive economic zone or in an alternative exchange area designated by the Secretary, of each ballast tank that contains ballast water to be discharged into waters of the United States; or

(II)

for a case in which the master of a vessel determines that compliance with the requirement under subclause (I) is impracticable, a sufficient number of flow-through exchanges of ballast water, outside the exclusive economic zone or in an alternative exchange area designated by the Secretary, to achieve replacement of at least 95 percent of ballast water in ballast tanks of the vessel, as determined by a certification dye study conducted or model developed in accordance with protocols developed under paragraph (5)(B) and recorded in the management plan of a vessel pursuant to subsection (a)(1)(C)(ii)(I); and

(ii)

if a ballast water exchange is not undertaken pursuant to subsection (h), a contingency procedure that requires the master of a vessel to use the best practicable technology or practice to treat ballast discharge.

(3)

Ballast water treatment

(A)

In general

The regulations promulgated pursuant to paragraph (1) shall require a vessel to which this section applies to conduct ballast water treatment in accordance with this paragraph before discharging ballast water.

(B)

Performance standards

Subject to subparagraph (C)(ii), the regulations shall require that ballast water discharged shall—

(i)

contain—

(I)

less than 1 living organism per 10 cubic meters that is 50 or more micrometers in minimum dimension;

(II)

less than 1 living organism per 10 milliliters that is—

(aa)

less than 50 micrometers in minimum dimension; and

(bb)

more than 10 micrometers in minimum dimension;

(III)

concentrations of indicator microbes that are less than—

(aa)
(AA)

1 colony-forming unit of toxicogenic Vibrio cholera (serotypes O1 and O139) per 100 milliliters; or

(BB)

1 colony-forming unit of that microbe per gram of wet weight of zoological samples;

(bb)

126 colony-forming units of escherichia coli per 100 milliliters; and

(cc)

33 colony-forming units of intestinal enterococci per 100 milliliters; and

(IV)

concentrations of such additional indicator microbes as may be specified in regulations promulgated by the Secretary, in consultation with the Administrator, that are less than the quantities specified in those regulations; or

(ii)

comply with an alternative standard that is at least as protective as the standards under clause (i), as determined by the Secretary.

(C)

Best performing treatment

(i)

In general

Not later than December 31, 2012, the Secretary, in consultation with the Administrator, based on technology assessments implemented before July 31, 2012, shall determine whether technologies exist that provide for the achievement of the standards described in subparagraph (B).

(ii)

Modification of standards

If the Secretary, in consultation with the Administrator, determines under clause (i) that no technology exists that provides for the achievement of the standards described in subparagraph (B), the Secretary shall modify the standards to require vessels to discharge ballast water that has been treated with a treatment system that is among the best-performing 25 percent of treatment systems that meet the applicable ballast discharge standard of the International Maritime Organization.

(D)

Reception facility exception

(i)

In general

The requirements of this paragraph shall not apply to a vessel that discharges ballast water into a land-based or water-based facility for the reception of ballast water that meets each applicable standard under clause (ii).

(ii)

Applicable standards

Not later than 1 year after the date of enactment of the Great Lakes Collaboration Implementation Act, the Administrator and the Secretary shall jointly promulgate standards for—

(I)

the reception of ballast water in land-based and water-based reception facilities; and

(II)

the disposal or treatment of received ballast water in a manner that does not damage the environment, human health, property, or resources.

(4)

Review and revision

The Secretary, in concurrence with the Administrator, shall review and revise, not less frequently than once every 3 years—

(A)

any determination relating to the determination under paragraph (3)(C)(i); and

(B)

any modification of a standard under paragraph (3)(C)(ii).

(5)

Certification of treatments and practices

(A)

In general

Not later than the date on which regulations are promulgated pursuant to paragraphs (2) and (3), the Secretary shall, with the concurrence of the Administrator, promulgate regulations for—

(i)

the certification of treatments or practices the performances of which comply with the regulations; and

(ii)

on-going enforcement of the effective use of the certified treatments or practices.

(B)

Certification of ballast water exchange procedures

The certification of ballast water exchange procedures in compliance with the regulations promulgated pursuant to paragraph (2) shall be based on a qualified type-approval process, including a protocol involving dye studies or models detailing flow dynamics of a vessel or class of vessels described in paragraph (2)(A)(ii) for demonstrating the number of flow-through exchanges necessary for such a vessel to meet the percentage purge requirements associated with the flow-through technique for ballast water exchange.

(C)

Certification of all other ballast water discharge treatments

The certification of treatments in compliance with the regulations promulgated pursuant to paragraph (1)(B) shall be based on a qualified type-approval process that—

(i)

is capable of estimating the extent to which ballast water discharge treated by a ballast water treatment system is likely to comply with applicable standards, including any restrictions relating to—

(I)

biological, chemical, or physical conditions of water taken into ballast; and

(II)

conditions encountered during a voyage;

(ii)

is capable of determining the extent to which a ballast water treatment method—

(I)

is environmentally sound, based on criteria promulgated by the Administrator under paragraph (8)(A); and

(II)

is safe for vessel and crew;

(iii)

may be used in estimating the expected useful life of the ballast water treatment system, as determined on the basis of voyage patterns and normal use conditions;

(iv)

includes a ship-boarding testing component (and may include a shore-based testing component);

(v)

provides for appropriate monitoring, as determined by the Administrator;

(vi)

provides for revocation by the Administrator of approval pending the results of the monitoring; and

(vii)

is cost-effective.

(D)

Expiration of ballast water exchange option

On the date of expiration of the ballast water exchange option under paragraph (2), the certification process shall apply to all methods of ballast water management, treatment, and system design.

(E)

Review and revision

Not less frequently than once every 3 years, the Secretary, in conjunction with the Administrator, shall review and, if necessary, revise the certification process pursuant to subsection (d)(1).

(F)

Application for approval

(i)

In general

The Secretary and the Administrator shall approve an application for certification of a ballast water treatment system only if the application is in such form and contains such information as the Secretary and Administrator may require.

(ii)

Approval and disapproval

(I)

In general

On receipt of an application under clause (i)—

(aa)

the Administrator shall, not later than 90 days after the date of receipt of the application—

(AA)

review the application for compliance and consistency with environmental soundness criteria promulgated under paragraph (8)(A); and

(BB)

approve those ballast water treatment systems that meet those criteria; and

(bb)

the Secretary, in consultation with the Task Force, shall, not later than 180 days after the date of receipt of the application—

(AA)

determine whether the ballast water treatment system covered by the application meets the requirements of this subsection, as appropriate;

(BB)

approve or disapprove the application; and

(CC)

provide the applicant written notice of approval or disapproval.

(II)

Limitations

An application approved under subclause (I) shall—

(aa)

be qualified with any limitations relating to voyage pattern, duration, or any other characteristic that may affect the effectiveness or environmental soundness of the ballast water treatment system covered by the application, as determined by the Secretary in consultation with the Administrator;

(bb)

be applicable to a specific vessel or group of vessels, as determined by the Secretary;

(cc)

be valid for the least of—

(AA)

the expected useful life of the ballast water treatment system;

(BB)

10 years; or

(CC)

such period of time for which the Secretary or Administrator (as appropriate) determines that (based on available information, including information developed pursuant to paragraph (6)(B)(iii)) there exists a serious deficiency in performance or environmental soundness of the system relative to anticipated performance or environmental soundness; and

(dd)

be renewed if—

(AA)

the Secretary determines that the ballast water treatment system remains in compliance with applicable standards as of the date of application for renewal; or

(BB)

the remaining useful life of the vessel is less than 10 years.

(6)

Experimental approval for ballast water treatment

(A)

In general

The owner or operator of a vessel may submit to the Secretary an application to test or evaluate a promising ballast water treatment technology that—

(i)

has the potential to achieve the standards required under paragraph (3); and

(ii)

is likely to achieve a minimum performance that is the same as or more stringent than a standard required under paragraph (3)(C)(ii), as applicable.

(B)

Approval

The Secretary shall approve an application under subparagraph (A) if—

(i)

the Secretary and the Administrator determine that the treatment technologies have the potential to achieve the standards required under paragraph (3); and

(ii)

the Administrator determines, based on independent and peer-reviewed information provided to the Secretary by the owner or operator of the vessel or other applicable parties, that the treatment technologies—

(I)

comply with environmental requirements (including regulations); and

(II)

have the potential to meet environmental soundness criteria established under paragraph (8)(A)(i).

(C)

Waiver

If the Secretary approves an application under subparagraph (B), the Secretary and the Administrator may waive the requirements under subsection (a)(4)(A) with respect to the vessel that is subject to the application approved.

(D)

Limitations

(i)

Period of testing

Testing of the treatment system approved under this section may cease prior to the termination of the approval period described in clause (ii).

(ii)

Period of approval

Approval granted under subparagraph (B) shall be for the least of—

(I)

the expected useful life of the ballast water treatment system;

(II)

a period of 10 years; or

(III)

a period ending on the date that the Secretary and Administrator (as appropriate) determines that there exists a serious deficiency in performance or human safety or environmental soundness of the system relative to anticipated performance or environmental soundness.

(iii)

Information

As a condition of receiving experimental approval for a treatment under subparagraph (B), the owner or operator of a vessel shall agree to collect and report such information regarding the operational and biological effectiveness of the treatment through sampling of the intake and discharge ballast as the Secretary may request.

(iv)

Renewal

An experimental approval may be renewed in accordance with paragraph (5)(F)(ii).

(7)

Incentives for use of treatment systems

(A)

In general

The Secretary, the Secretary of Transportation, and the Administrator shall assist owners or operators of vessels that seek to obtain experimental approval for installation of ballast water treatment systems, including through providing guidance on—

(i)

a sampling protocol and test program for cost effective treatment evaluation;

(ii)

sources of sampling equipment and field biological expertise; and

(iii)

examples of shipboard evaluation studies.

(B)

Selection of technologies and practices

In selecting technologies and practices for shipboard demonstration under section 1104(b), the Secretary of the Interior and the Secretary of Commerce shall give priority consideration to technologies and practices that have received or are in the process of receiving certification under paragraph (5).

(C)

Annual summaries

The Secretary shall annually summarize, and make available to interested parties, all available information on the performance of technologies proposed for ballast treatment to facilitate the application process for experimental approval for ballast water treatment under paragraph (6).

(8)

Environmental soundness criteria for ballast treatments

(A)

In general

The Administrator shall include in criteria promulgated under section 1202(k)(1)(A) specific criteria—

(i)

to ensure environmental soundness of ballast treatment systems; and

(ii)

to grant environmental soundness exceptions under subparagraph (B).

(B)

Exceptions

(i)

In general

In reviewing applications under paragraph (5)(F)(ii)(I)(aa) in an emergency situation to achieve reductions in significant and acute risk of transfers of invasive species by vessels, the Secretary and the Administrator may jointly determine to make an exception to criteria described in subparagraph (A)(i).

(ii)

Qualification of approvals

To be eligible for an exception under clause (i), an approval under paragraph (5)(F)(ii)(I)(aa) shall be qualified under paragraph (5)(F)(ii)(II).

(c)

Great Lakes Program

(1)

Regulations

(A)

In general

Until such time as regulations are promulgated to implement the amendments made by the Great Lakes Collaboration Implementation Act, regulations promulgated to carry out this Act shall remain in effect until revised or replaced pursuant to the Great Lakes Collaboration Implementation Act.

(B)

No ballast on board

Not later than 180 days after the date of enactment of the Great Lakes Collaboration Implementation Act, the Secretary shall promulgate regulations to minimize the discharge of invasive species from ships that claim no ballast on board, or that claim to be carrying only unpumpable quantities of ballast, including, at a minimum, a requirement that—

(i)

such a ship shall conduct saltwater flushing of ballast water tanks—

(I)

outside the exclusive economic zone; or

(II)

at a designated alternative exchange site; and

(ii)

before being allowed entry beyond the St. Lawrence Seaway, the master of such a ship shall certify that the ship has complied with each applicable requirement under this subsection.

(C)

Early technology

(i)

In general

Not later than 180 days after the date of enactment of the Great Lakes Collaboration Implementation Act, the Secretary shall promulgate regulations allowing ships entering the Great Lakes to use a ballast water treatment technology that is as effective as ballast water exchange, as determined by the Secretary.

(ii)

Requirement

The regulations under clause (i) shall include a provision that a ballast water treatment technology used for purposes of complying with the regulations shall be permitted for the shorter of—

(I)

the 10-year period beginning on the date of initial use of the technology; and

(II)

the life of the ship on which the technology is used.

(iii)

Treatment equivalency to ballast water exchange

For purposes of the regulations under clause (i), the discharge standard of the International Maritime Organization shall be considered to be as effective as ballast water exchange.

(2)

Relationship to other programs

On implementation of a national mandatory ballast management program that is at least as comprehensive as the Great Lakes program (as determined by the Secretary, in consultation with the Governors of Great Lakes States)—

(A)

the program regulating vessels and ballast water in Great Lakes under this section shall terminate; and

(B)

the national program shall apply to such vessels and ballast water.

(3)

Review and revision

(A)

In general

Not later than the date that is 18 months after the date of enactment of the Great Lakes Collaboration Implementation Act, the Secretary shall—

(i)

review and revise regulations promulgated under this section to ensure the regulations provide the maximum practicable protection of the Great Lakes ecosystem from introduction by vessels (including vessels in the unballasted condition) of aquatic invasive species; and

(ii)

promulgate the revised regulations.

(B)

Contents

The revised regulations shall include, at a minimum, requirements under subsections (a) and (b) (as amended by that Act).

(d)

Periodic review and revision of regulations

(1)

In general

Not later than 3 years after the date of enactment of the Great Lakes Collaboration Implementation Act, and not less often than every 3 years thereafter, the Secretary shall (with the concurrence of the Administrator, based on recommendations of the Task Force, and information collected and analyzed under this title and in accordance with criteria developed by the Task Force under paragraph (3))—

(A)

assess the compliance by vessels with regulations promulgated under this section;

(B)

assess the effectiveness of the regulations referred to in subparagraph (A) in reducing the introduction and spread of aquatic invasive species by vessels; and

(C)

as necessary, on the basis of the best scientific information available—

(i)

revise the regulations referred to in subparagraph (A); and

(ii)

promulgate additional regulations.

(2)

Special review and revision

Not later than 90 days after the date on which the Task Force makes a request to the Secretary for a special review and revision of the Program, the Secretary shall (with the concurrence of the Administrator)—

(A)

conduct a special review of regulations in accordance with paragraph (1); and

(B)

as necessary, in the same manner as provided under paragraph (1)(C)—

(i)

revise those guidelines; or

(ii)

promulgate additional regulations.

(3)

Criteria for effectiveness

Not later than 1 year after the date of enactment of the Great Lakes Collaboration Implementation Act, and every 3 years thereafter, the Task Force shall submit to the Secretary criteria for determining the adequacy and effectiveness of all regulations promulgated under this section.

(e)

Sanctions

(1)

Civil penalties

(A)

In general

Any person that violates a regulation promulgated under this section shall be liable for a civil penalty in an amount not to exceed $50,000.

(B)

Separate violations

Each day of a continuing violation constitutes a separate violation.

(C)

Liability of vessels

A vessel operated in violation of a regulation promulgated under this Act shall be liable in rem for any civil penalty assessed under this subsection for that violation.

(2)

Criminal penalties

Any person that knowingly violates the regulations promulgated under subsection (b) is guilty of a class C felony.

(3)

Revocation of clearance

On request of the Secretary, the Secretary of the Treasury shall withhold or revoke the clearance of a vessel required by section 4197 of the Revised Statutes (46 U.S.C. App. 91), if the owner or operator of that vessel is in violation of the regulations promulgated under subsection (b).

(4)

Exception to sanctions

This subsection does not apply to a failure to exchange ballast water if—

(A)

the master of a vessel, acting in good faith, decides that the exchange of ballast water will threaten the safety or stability of the vessel or the crew or passengers of the vessel; and

(B)

the vessel complies with—

(i)

recordkeeping requirements of this Act;

(ii)

contingency requirements of section 1211; and

(iii)

reporting requirements of this Act.

(f)

Coordination with other agencies

The Secretary is encouraged to use (with consent) the expertise, facilities, members, or personnel of, appropriate Federal and State agencies and organizations that have routine contact with vessels, as determined by the Secretary.

(g)

Consultation with Canada, Mexico, and other foreign governments

In developing the guidelines issued and regulations promulgated under this section, the Secretary is encouraged to consult with the Government of Canada, the Government of Mexico, and any other government of a foreign country that the Secretary, in consultation with the Task Force, determines to be necessary to develop and implement an effective international program for preventing the unintentional introduction and spread of nonindigenous species.

(h)

Safety exemption

(1)

Master discretion

The Master of a vessel is not required to conduct a ballast water exchange if the Master determines that the exchange would threaten the safety or stability of the vessel, or the crew or passengers of the vessel, because of adverse weather, vessel architectural design, equipment failure, or any other extraordinary conditions.

(2)

Other requirements

A vessel that does not exchange ballast water on the high seas under paragraph (1) shall not discharge ballast water in any harbor, except in accordance with a contingency strategy approved by the Secretary (and included in the invasive species management plan of the vessel) to reduce the risk of organism transfer by the discharge (using the best practicable technology and practices pursuant to regulations promulgated under subsection (b)(1)).

(i)

Non-discrimination

The Secretary shall ensure that vessels registered outside of the United States do not receive more favorable treatment than vessels registered in the United States in any case in which the Secretary performs studies, reviews compliance, determines effectiveness, establishes requirements, or performs any other responsibilities under this Act.

(j)

Effect on other law

Nothing in this section or any regulation promulgated under this section supersedes or otherwise affects any requirement or prohibition relating to the discharge of ballast water under the Federal Water Pollution Control Act (33 U.S.C. 1251 et seq.).

.

(b)

Conforming amendments

(1)

Section 1102(c)(1) of the Nonindigenous Aquatic Nuisance Prevention and Control Act of 1990 (16 U.S.C. 4712(c)(1)) is amended by striking issued under section 1101(b) and inserting promulgated under section 1101(e).

(2)

Section 1102(f)(1)(B) of the Nonindigenous Aquatic Nuisance Prevention and Control Act of 1990 (16 U.S.C. 4712(f)(1)(B)) is amended by striking guidelines issued pursuant to section 1101(c) and inserting regulations promulgated under section 1101(e).

102.

Armed Services whole vessel management program

Section 1103 of the Nonindigenous Aquatic Nuisance Prevention and Control Act of 1990 (16 U.S.C. 4713) is amended—

(1)

by striking the section heading and inserting the following:

1103.

Armed Services whole vessel management Program

;

and

(2)

in subsection (a)—

(A)

by striking Subject to and inserting the following:

(1)

Ballast water

Subject to

; and

(B)

by adding at the end the following:

(2)

Towed vessel management Program

(A)

In general

Subject to operational conditions, the Secretary of Defense, in consultation with the Secretary and the Task Force, shall implement a towed vessel management program for Department of Defense vessels to minimize the risk of introductions of aquatic invasive species through hull and associated hull aperture transfers by towed vessels.

(B)

Current ballast Program

Except as provided in subparagraph (A), this Act does not affect the ballast program for Department of Defense vessels in effect on the date of enactment of the Great Lakes Collaboration Implementation Act.

(3)

Reports

Not later than 3 years after the date of enactment of the Great Lakes Collaboration Implementation Act, and every 3 years thereafter, the Secretary of Defense shall submit to Congress a report that includes a summary and analysis of the program carried out under this section.

.

2

Prevention of the introduction of aquatic invasive species by other pathways

106.

Priority pathway management program

Subtitle C of title I of the Nonindigenous Aquatic Nuisance Prevention and Control Act of 1990 (16 U.S.C. 4721 et seq.) is amended by adding at the end the following:

1210.

Priority pathway management program

(a)

Identification of high priority pathways

Not later than 2 years after the date of enactment of the Great Lakes Collaboration Implementation Act, and every 3 years thereafter, the Task Force, in coordination with the Invasive Species Council and in consultation with representatives of States, industry, and other interested parties, shall, based on pathway surveys and other available research relating to the rates of introductions in waters of the United States—

(1)

identify those pathways that pose the highest risk for introductions of invasive species, both nationally and on a region-by-region basis unless further managed;

(2)

develop recommendations for management strategies for those high-risk pathways;

(3)

include in the report to the Congress required under section 1201(f)(2)(B) a description of the identifications, strategies, and recommendations; and

(4)

identify aquatic invasive species not yet introduced into waters of the United States that are likely to be introduced into waters of the United States unless preventative measures are taken.

(b)

Management of high priority pathways

Not later than 3 years after the date of enactment of the Great Lakes Collaboration Implementation Act, the Task Force or agencies of jurisdiction shall, to the maximum extent practicable, implement the strategies described in subsection (a)(2).

.

107.

Screening process for planned importations of live aquatic organisms

Subtitle B of title I of the Nonindigenous Aquatic Nuisance Prevention and Control Act of 1990 (16 U.S.C. 4711 et seq.) is amended by adding at the end the following:

1105.

Screening process for planned importations of live aquatic organisms

(a)

In general

Not later than 3 years after the date of enactment of the Great Lakes Collaboration Implementation Act, no live aquatic organism of a species not in trade shall be imported into the United States without screening and approval in accordance with subsections (c) and (d).

(b)

Guidelines

(1)

In general

Not later than 30 months after the date of enactment of the Great Lakes Collaboration Implementation Act, in consultation with regional panels convened under section 1203, States, tribes, and other stakeholders, the Invasive Species Council (in conjunction with the Task Force) shall issue guidelines for screening proposed planned importations of live aquatic organisms into the United States, that include—

(A)

guidelines for minimum information requirements for determinations under subsection (c); and

(B)

guidelines for a simplified notification procedure for any additional shipments of organisms that may occur after completion of an initial screening process and determination under subsection (c).

(2)

Purpose

The purpose of the screening process shall be to prevent the introduction or establishment of aquatic invasive species in waters of the United States and contiguous waters of Canada and Mexico.

(3)

Factors

In developing guidelines under this subsection and reviewing and revising the guidelines under subsection (j), the Invasive Species Council and the Task Force shall consider—

(A)

the likelihood of the spread of species by human or natural means;

(B)

species that may occur in association with the species planned for importation, including pathogens, parasites, and free-living organisms; and

(C)

regional differences in probability of invasion and associated impacts.

(c)

Categories

The screening process conducted pursuant to subsection (d) shall require the identification, to the maximum extent practicable, to the species level or, at least, to the genus level, of live aquatic organisms proposed for importation and shall list—

(1)

species with high or moderate probability of undesirable impacts to areas within the boundaries of the United States and contiguous areas of neighboring countries, to which the species is likely to spread; and

(2)

species on which there is insufficient information to determine the risk category based on guidelines issued pursuant to subsection (b)(1)(B).

(d)

Evaluation

(1)

In general

Not later than 180 days after the date of promulgation of guidelines under subsection (b), in consultation with regional panels convened under section 1203, States, tribes, and other stakeholders, a Federal agency with authority over an importation into the United States of a live organism of a species not in trade shall screen the species in accordance with guidelines promulgated under subsection (b).

(2)

Delegation and authority

If no agency has authority described in paragraph (1) or an agency delegates the screening to the Director under subsection (h)—

(A)

the Director shall screen the organisms in accordance with subsections (a) and (b); and

(B)

the Director may prohibit the importation of an organism of a species not in trade if the Director determines, based on evaluations consistent with the screening requirements promulgated under subsection (f), that the species has a high or moderate probability of undesirable impacts on areas within the boundaries of the United States and contiguous areas of neighboring countries to which the species may spread.

(3)

Multiple jurisdiction

If more than 1 agency has jurisdiction over the importation of a live organism, the agencies shall conduct only 1 screening process as determined by a memorandum of understanding consistent with subsection (f), except that the Secretary of Agriculture, shall conduct screening of organisms imported to be cultured.

(e)

Requirements

A Federal agency of jurisdiction, or the Director, shall—

(1)

restrict or prohibit the importation into the United States from outside the United States of any species that is described in subsection (c)(1);

(2)

prohibit the importation of any species described in subsection (c)(2), unless the importation is for the sole purpose of research that is conducted in accordance with section 1202(f)(2); and

(3)

make a determination under this subsection not later than 60 days after receiving a request for permission to import a live aquatic species.

(f)

Memorandum of Understanding

(1)

In general

The Director of the United States Fish and Wildlife Service shall enter into a memorandum of understanding with the heads of the agencies of jurisdiction regarding the screening requirements contained in this section.

(2)

Contents

The memorandum of understanding shall contain, at a minimum—

(A)

a description of the relationship between and responsibilities of the agencies of jurisdiction, including a process designating a lead agency in cases in which multiple agencies may have jurisdiction over the screening of an aquatic species;

(B)

the process by which the Director will delegate screening duties to and receive delegation from other agencies of jurisdiction; and

(C)

the process by which agencies of jurisdiction will coordinate and share information required for the screening process.

(g)

Delegation to Director

Any agency with authority over the planned importation of a live aquatic organism may delegate to the Director the screening process carried out under this section.

(h)

Catalog of species in trade

Not later than 1 year after the date of enactment of the Great Lakes Collaboration Implementation Act, the Director of the United States Geological Survey and the Director of the Smithsonian Environmental Research Center, in cooperation with agencies with jurisdiction over planned importations of live organisms, shall—

(1)

develop and update as necessary a catalog of species in trade; and

(2)

include the list in the information provided to the public pursuant to section 1102(f).

(i)

Review and revision

(1)

In general

At least once every 3 years, the Council, in conjunction with the Task Force, shall use research on early detection and monitoring under section 1106, among other information sources, to review and revise the screening, guidelines, and process carried out under this section.

(2)

Report

The Invasive Species Council shall include in its report to Congress required pursuant to section 1201(f)(2)(B)—

(A)

an evaluation of the effectiveness of the screening processes carried out under this section;

(B)

an evaluation of the consistency of the application of the screening by agencies; and

(C)

recommendations for revisions of the processes.

(j)

Prohibitions

It shall be unlawful for any person subject to the jurisdiction of the United States to import an organism of a species described under subsection (c) or (d) or in violation of regulations promulgated under this section.

(k)

Penalties

(1)

Civil penalties

Any person who violates subsection (j) shall be liable for a civil penalty in an amount not to exceed $50,000.

(2)

Criminal penalties

Any person who knowingly violates subsection (j) is guilty of a class C felony.

(l)

Fees

The head of any agency that has jurisdiction over a planned importation of a species subject to screening under this Act may increase the amount of any appropriate fee that is charged under an authority of law to offset the cost of any screening process carried out under this section.

(m)

Information

A Federal agency conducting a screening process under this section shall make the results of the process available to the public (including international organizations).

(n)

Regulations

The Director may issue regulations to implement this section.

(o)

Applicability: effect on other laws

Nothing in this section shall be construed as repealing, superseding, or modifying any provision of Federal or state law.

.

3

Early Detection; Rapid Response; Control and Outreach

111.

Early detection

Subtitle B of title I of the Nonindigenous Aquatic Nuisance Prevention and Control Act of 1990 (16 U.S.C. 4711 et seq.) (as amended by section 107) is amended by adding at the end the following:

1106.

Early detection and monitoring

(a)

Early detection

(1)

In general

Not later than 18 months after the date of enactment of the Great Lakes Collaboration Implementation Act, in conjunction with the Council, the Task Force shall develop and promulgate a set of sampling protocols, a geographic plan, and budget to support a national system of ecological surveys to rapidly detect recently established aquatic invasive species in waters of the United States.

(2)

Contents

The protocols, plan, and budget shall, at a minimum—

(A)

address a diversity of aquatic ecosystems of the United States (including inland and coastal waters);

(B)

encourage State, local, port, and tribal participation in monitoring;

(C)

balance scientific rigor with practicability, timeliness, and breadth of sampling activity;

(D)

consider the pathways and/or organisms identified under section 1210;

(E)

include a capacity to evaluate the impacts of permitted importations screened by the processes established under section 1105; and

(F)

include clear lines of communication with appropriate Federal, State, and regional rapid response authorities.

(3)

Implementation

Not later than 3 years after the date of enactment of the Great Lakes Collaboration Implementation Act, the Director of the United States Fish and Wildlife Service, the Administrator of the National Oceanic and Atmospheric Administration, and the Administrator (in consultation with the Invasive Species Council and in coordination with other agencies) shall implement a national system of ecological surveys that is—

(A)

carried out in cooperation with State, local, port, tribal authorities, and other non-Federal entities (such as colleges and universities); and

(B)

based on the protocols, plan, and budget published under subsection (a)(1) and any public comment.

.

112.

Rapid response

Subtitle C of title I of the Nonindigenous Aquatic Nuisance Prevention and Control Act of 1990 (16 U.S.C. 4721 et seq.) is further amended by adding at the end the following:

1211.

Rapid response

(a)

State Rapid Response Contingency Strategies

(1)

Emergency funds for rapid response

A State that has in effect a rapid response contingency strategy for invasive species in the State, including rapid assessment capabilities, that is approved under paragraph (2) shall be eligible to receive emergency funding to remain available until expended to implement rapid response measures for aquatic invasive species under the strategy, subject to renewal, as determined by the Secretary of the Interior and the Secretary in accordance with paragraph (2).

(2)

Approval of Rapid Response Contingency Strategies

The Task Force, in consultation with the Invasive Species Council, shall approve a State rapid response contingency strategy described in paragraph (1) if the strategy—

(A)

identifies all key governmental and nongovernmental partners to be involved in carrying out the strategy;

(B)

clearly designates the authorities and responsibilities of each partner, including the authority of any State or government of an Indian tribe to distribute emergency funds;

(C)

specifies criteria for rapid response measures, including a diagnostic system that—

(i)

distinguishes cases in which rapid response has a likelihood of success and cases in which rapid response has no likelihood of success;

(ii)

distinguishes rapid response measures from ongoing management and control of established populations of aquatic invasive species; and

(iii)

distinguishes instances in which the rate and probability of organism dispersal is significantly altered by vessel movements;

(D)

includes an early detection strategy that supports or complements the early detection and monitoring system developed under section 1106;

(E)

provides for a monitoring capability to assess—

(i)

the extent of infestations; and

(ii)

the effectiveness of rapid response efforts;

(F)

to the maximum extent practicable, is integrated into the State aquatic invasive species management plan approved under section 1204;

(G)

to the maximum extent possible, does not use rapid response tools that do not meet environmental criteria developed under subsection (e)(4);

(H)

includes a public education and outreach component directed at—

(i)

potential pathways for spread of aquatic invasive species; and

(ii)

persons involved in industries and recreational activities associated with those pathways; and

(I)

to the extent that the strategy involves vessels, conforms with guidelines issued by the Secretary under subsection (c)(2).

(b)

Regional Rapid Response Contingency Strategies

The Task Force, with the concurrence of the Invasive Species Council and in consultation with the regional panels of the Task Force established under section 1203, shall encourage the development of regional rapid response contingency strategies that—

(1)

provide a consistent and coordinated approach to rapid response; and

(2)

are approved by—

(A)

the Secretary; and

(B)

the Governors and Indian tribes having jurisdiction over areas within a region.

(c)

Model Rapid Response Contingency Strategies

Not later than 18 months after the date of enactment of the Great Lakes Collaboration Implementation Act

(1)

the Task Force, with the concurrence of the Invasive Species Council and the regional panels of the Task Force established under section 1203, shall develop—

(A)

a model State rapid response contingency strategy for aquatic invasive species, including rapid assessment capability, that includes, to the maximum extent practicable, the components listed under subparagraphs (A) through (H) of subsection (a)(2); and

(B)

a model regional rapid response contingency strategy for aquatic invasive species; and

(2)

the Secretary, in concurrence with the Task Force and the regional panels, shall issue guidelines that describe vessel-related requirements that may be used in a rapid response contingency strategy, including specific requirements for strategy approved under this section.

(d)

Cost sharing

(1)

State Rapid Response Contingency Strategies

The Federal share of the cost of activities carried out under a State rapid response contingency strategy approved under subsection (a) shall be not less than 50 percent.

(2)

Regional Rapid Response Contingency Strategies

The Federal share of the cost of activities carried out under a regional rapid response contingency strategy approved under subsection (b) shall be not less than 75 percent.

(3)

In-kind contributions

States or regions that receive Federal funds for rapid response activities may provide matching funds in the form of in-kind contributions.

(e)

Federal rapid response teams

(1)

Establishment of teams

Not later than 1 year after the date of enactment of the Great Lakes Collaboration Implementation Act, the Invasive Species Council, in coordination with the Task Force and the heads of appropriate Federal agencies, shall establish a Federal rapid response team for each of the 10 Federal regions that comprise the Standard Federal Regional Boundary System.

(2)

Duties of teams

Each Federal rapid response team shall, at a minimum—

(A)

implement rapid eradication or control responses for newly detected aquatic invasive species on Federal and tribal land;

(B)

carry out, or assist in carrying out, rapid responses for newly detected aquatic invasive species on non-Federal land at the request of a State, Indian tribe, or group of States or Indian tribes;

(C)

provide training and expertise for State, tribal, or regional rapid responders;

(D)

provide central sources of information for rapid responders;

(E)

maintain a list of researchers and rapid response volunteers; and

(F)

in carrying out any rapid response activity with respect to an aquatic noxious weed listed under section 412(f) of the Plant Protection Act (7 U.S.C. 7712(f)), include representatives of the Animal and Plant Health Inspection Service.

(3)

Criteria for identifying cases of rapid response warranting Federal assistance

Not later than 1 year after the date of enactment of the Great Lakes Collaboration Implementation Act, the Task Force, with the concurrence of the Invasive Species Council, shall develop criteria to identify cases of rapid response warranting Federal assistance under this subsection, including criteria relating to, at a minimum—

(A)

the extent to which infestations of aquatic invasive species may be managed successfully by rapid response;

(B)

the extent to which rapid response efforts may differ from ongoing management and control; and

(C)

the extent to which infestations of nonindigenous aquatic invasive species are considered to be an acute or chronic threat to—

(i)

biodiversity of native fish and wildlife;

(ii)

habitats of native fish and wildlife; or

(iii)

human health.

(4)

Environmental criteria

Not later than 1 year after the date of enactment of the Great Lakes Collaboration Implementation Act, the Administrator, in consultation with the Invasive Species Council, the Secretary of Transportation, the Task Force (including regional panels of the Task Force established under section 1203), the Director, and the Director of the National Marine Fisheries Service, shall develop environmental criteria to minimize nontarget environmental impacts of rapid responses carried out pursuant to this section.

.

113.

Environmental soundness

Section 1202(k) of the Nonindigenous Aquatic Nuisance Prevention and Control Act of 1990 (16 U.S.C. 4722) is amended to read as follows:

(k)

Improvement of treatment methods for aquatic Invasive Species

(1)

Criteria to evaluate environmental soundness of treatment methods

(A)

In general

Not later than 1 year after the date of enactment of the Great Lakes Collaboration Implementation Act, the Administrator, in consultation and cooperation with the Secretary, the Invasive Species Council, and the Task Force (including any regional panels of the Task Force) shall promulgate criteria to evaluate the treatment methods described in subparagraph (B) for the purpose of ensuring that the treatment methods pose no significant threat of adverse effect on human health, public safety, or the environment (including air quality and the aquatic environment) that is acute, chronic, cumulative, or collective.

(B)

Treatment methods

The treatment methods referred to in subparagraph (A) are all mechanical, physical, chemical, biological, and other treatment methods used in bodies of water of the United States (regardless of whether the bodies of water are navigable and regardless of the origin of the waters), to prevent, treat, or respond to the introduction of aquatic invasive species.

(C)

Consultation

In carrying out subparagraph (A), the Administrator shall consult with—

(i)

the Secretary of Transportation;

(ii)

the Task Force (including the regional panels of the Task Force established under section 1203);

(iii)

the Director;

(iv)

the Assistant Secretary;

(v)

the Director of the National Marine Fisheries Service; and

(vi)

relevant State agencies.

(2)

Publication of information on environmentally sound treatment methods

The Administrator, in consultation with the Invasive Species Council, shall publish (not later than 1 year after the date of enactment of the Great Lakes Collaboration Implementation Act) and update annually—

(A)

a list of environmentally sound treatment methods that may apply to a potential aquatic invasive species response effort;

(B)

accompanying research that supports the environmental soundness of each approved treatment method; and

(C)

explicit guidelines under which each treatment method can be used in an environmentally sound manner.

(3)

Reports

The Invasive Species Council and Task Force shall include the information described in paragraph (2) in the reports submitted under section 1201(f)(2)(B).

.

114.

Information, education, and outreach

Section 1202(h) of the Nonindigenous Aquatic Nuisance Prevention and Control Act of 1990 (16 U.S.C. 4722(h)) is amended—

(1)

by striking (h) Education.—The Task Force and inserting the following:

(h)

Information, education, and outreach

(1)

In general

The Task Force

; and

(2)

by adding at the end the following:

(2)

Activities

(A)

In general

The programs carried out under paragraph (1) shall include the activities described in this paragraph.

(B)

Public outreach

(i)

Public warnings

Not later than 180 days after the date of enactment of the Great Lakes Collaboration Implementation Act, each Federal officer of an agency that provides Federal funds to States for building or maintaining public access points to United States water bodies shall amend the guidelines of the agency, in consultation with relevant State agencies, to encourage the posting of regionally specific public warnings or other suitable informational and educational materials at the access points regarding—

(I)

the danger of spread of aquatic invasive species through the transport of recreational watercraft; and

(II)

methods for removing organisms prior to transporting a watercraft.

(ii)

Cleaning of watercraft at marinas

Not later than 1 year after the date of enactment of the Great Lakes Collaboration Implementation Act, the Under Secretary and the Director (in cooperation with the Task Force and in consultation with the States, relevant industry groups, and Indian tribes) shall develop an education, outreach, and training program directed toward marinas and marina operators regarding—

(I)

checking watercraft for live organisms;

(II)

removing live organisms from the watercraft before the watercraft are commercially or recreationally trailered;

(III)

encouraging regular hull cleaning and maintenance, avoiding in-water hull cleaning; and

(IV)

other activities, as identified by the Secretary.

(iii)

Proper disposal of nonindigenous live aquatic organisms in trade

The Task Force shall—

(I)

not later than 1 year after the date of enactment of the Great Lakes Collaboration Implementation Act, develop (in consultation with industry and other affected parties) issue guidelines for proper disposal of live nonindigenous aquatic organisms in trade; and

(II)

use the guidelines in appropriate public information and outreach efforts.

(C)

100th meridian program

(i)

In general

Not later than 1 year after the date of enactment of the Great Lakes Collaboration Implementation Act, the Task Force shall expand the information and education program directed at recreational boaters in States from which watercraft are transported westward across the 100th meridian.

(ii)

Activities

In carrying out the program, the task force shall—

(I)

survey owners of watercraft transported westward across the 100th meridian to determine the States of origin of most such owners;

(II)

provide information directly to watercraft owners concerning the importance of cleaning watercraft carrying live organisms before transporting the watercraft; and

(III)

support education and information programs of the States of origin to ensure that the State programs address westward spread.

(D)

Information and education program by National Park Service

The Secretary of the Interior, acting through the Director of the National Park Service, shall develop a program to provide public outreach and other educational activities to prevent the spread of aquatic invasive species by recreational watercraft in parkland or through events sponsored by the National Park Service.

(3)

Outreach to industry

The Task Force, in conjunction with the Invasive Species Council, shall carry out activities to inform and promote voluntary cooperation and regulatory compliance by members of the national and international maritime, horticultural, aquarium, aquaculture, and pet trade industries with screening, monitoring, and control of the transportation of aquatic invasive species.

(4)

Public access to monitoring information

The Task Force, the Invasive Species Council, and other relevant agencies, shall maintain information on the Internet regarding—

(A)

the best approaches for the public and private interests to use in assisting with national early detection and monitoring of aquatic invasive species in waters of the United States;

(B)

contact locations for joining a national network of monitoring stations;

(C)

approved State Management Plans under section 1204(a) and Rapid Response Contingency Strategies under sections 1211(a)(2) and 1211(c); and

(D)

the list of potential invaders under section 1201(a)(4).

.

4

Coordination

116.

Program coordination

(a)

Membership of Task Force

Section 1201(b) of the Nonindigenous Aquatic Nuisance Prevention and Control Act of 1990 (16 U.S.C. 4721) is amended—

(1)

in paragraph (6) by striking and at the end;

(2)

by redesignating paragraph (7) as paragraph (12); and

(3)

by inserting after paragraph (6) the following:

(7)

the Director of the United States Geological Survey;

(8)

the Director of the Smithsonian Environmental Research Center;

(9)

the Secretary of State;

(10)

the Secretary of Transportation;

(11)

the Secretary of Homeland Security; and

.

(b)

Coordination with Invasive Species Council

Section 1201(f) of the Nonindigenous Aquatic Nuisance Prevention and Control Act of 1990 (16 U.S.C. 4721(f)) is amended—

(1)

by striking Each Task Force member and inserting the following:

(1)

In general

Each member of the Task Force

; and

(2)

by adding at the end the following:

(2)

Invasive Species Council

The Invasive Species Council shall—

(A)

coordinate and cooperate with the Task Force in carrying out the duties of the Invasive Species Council relating to aquatic invasive species;

(B)

not later than 2 years after the date of enactment of the Great Lakes Collaboration Implementation Act, and every 3 years thereafter, submit to Congress a report that summarizes the status of the conduct of activities authorized by and required under this Act; and

(C)

establish any regional panels or task forces in coordination with the regional panels of the Task Force convened under section 1203.

.

(c)

Coordination with other programs

Section 1202(c) of the Nonindigenous Aquatic Nuisance Prevention and Control Act of 1990 (16 U.S.C. 4722(c)) is amended by adding at the end the following:

(3)

Recommendations for lists

(A)

In general

The Task Force shall annually recommend to Federal agencies of jurisdiction such additions of aquatic invasive species as the Task Force determines to be appropriate for inclusion on—

(i)

any list of species of wildlife under the Lacey Act Amendments of 1981 (16 U.S.C. 3371 et seq.) (including regulations under such Act); or

(ii)

any list of noxious weeds under the Plant Protection Act (7 U.S.C. 7701 et seq.) (including regulations promulgated under that Act contained in part 360 of title 7, Code of Federal Regulations (or any successor regulations)).

(B)

Process

The Task Force may use the screening process developed pursuant to section 1105 to identify species pursuant to subparagraph (A).

.

(d)

Regional coordination

Section 1203 of the Nonindigenous Aquatic Nuisance Prevention and Control Act of 1990 (16 U.S.C. 4723) is amended by adding at the end the following:

(d)

Annual interregional meeting

The Task Force shall annually convene all regional panels established pursuant to this Act for the purpose of information transfer between and among panels, and between the panels and the Task Force, regarding aquatic invasive species management.

(e)

Organizations

An interstate organization that has a Federal charter authorized by law, interstate agreement, or Executive order for purposes of fisheries or natural resource management may receive funds under this Act to implement activities authorized under this Act.

.

(e)

State aquatic Invasive Species management plans

Section 1204(a) of the Nonindigenous Aquatic Nuisance Prevention and Control Act of 1990 (16 U.S.C. 4724(a)) is amended—

(1)

in paragraph (2)(A) by inserting before the semicolon at the end the following:

, including, in accordance with guidelines issued by the Task Force under paragraph (5)—

(A)

rapid response contingency strategies under section 1211;

(B)

early detection strategies under section 1211(a)(2)(D);

(C)

aquatic plant control programs pursuant to other law; and

(D)

screening of planned introductions pursuant to section 1105;

.

(2)

in paragraph (2)(D) by inserting include after (D); and

(3)

by adding at the end the following:

(5)

Guidelines

(A)

In general

Not later than 1 year after the date of enactment of the Great Lakes Collaboration Implementation Act, the Task Force shall publish in the Federal Register guidelines for the development of plans under this subsection, including guidelines for reporting progress in implementing the plans, to encourage consistency in implementation of and reporting under those plans.

(B)

Guidelines

The guidelines published under subparagraph (A) shall include, for the purpose of paragraph (2)(A), guidelines concerning—

(i)

rapid response contingency strategies under section 1211;

(ii)

early detection and monitoring strategies under section 1211(a)(2)(D);

(iii)

aquatic plant control programs;

(iv)

screening of planned introductions pursuant to and consistent with section 1105; and

(v)

the review and revision of requirements of this subsection and the reapproval process under this subsection.

(6)

Relationship to other plans

(A)

In general

A plan approved under paragraph (4) shall be deemed to meet any State planning requirement of the program established under section 104 of the River and Harbor Act of 1958 (33 U.S.C. 610) for a plan to control noxious aquatic plant growths.

(B)

Enforcement

Funds provided to States for implementation of plans pursuant to section 1204 may be used by States to enforce requirements relating to aquatic invasive species under the Plant Protection Act (7 U.S.C. 7701 et seq.) (including regulations promulgated under that Act contained in part 360 of title 7, Code of Federal Regulations (or any successor regulations)).

(7)

Review and revision

(A)

In general

Each State shall periodically review and, as necessary and subject to subparagraph (B), revise the management plan of the State in accordance with guidelines of the Task Force under paragraph (5).

(B)

Update of existing plans

A State plan approved under the section before the date of the enactment of the National Aquatic Species Act of 2006 shall be revised by the State under guidelines issued by the Director to conform to the guidelines published under paragraph (5), but shall be treated as a plan approved under this subsection for purposes of grants under this section.

(8)

Other State Management Plans

In addition to the management plans required under this subsection, the Director shall encourage each State to develop and implement new, and expand existing, State management plans to improve State actions to prevent and control aquatic invasive species.

.

(f)

Grant program

Section 1204(b)(1) of the Nonindigenous Aquatic Nuisance Prevention and Control Act of 1990 (16 U.S.C. 4724(b)(1)) is amended by striking subsection (a) for the implementation of those plans. and inserting the following:

subsection (a)—

(A)

to develop those plans with a total amount that does not exceed 10 percent of the amounts made available for grants under this section for each fiscal year; and

(B)

to implement those plans.

.

117.

International coordination

Subtitle E of title I of the Nonindigenous Aquatic Nuisance Prevention and Control Act of 1990 (16 U.S.C. 4751 et seq.) is amended—

(1)

by striking the subtitle heading and inserting the following:

E

Administration

;

and
(2)

by adding at the end the following:

1402.

International coordination

(a)

In general

The Task Force, the Invasive Species Council, and the Secretary of State shall, to the maximum extent practicable, coordinate activities to ensure that international efforts to prevent and manage aquatic invasive species (including through the International Maritime Organization, the International Convention on the Exploration of the Sea, the Global Invasive Species Program, and other appropriate programs) are coordinated with policies of the United States established by this Act.

(b)

Coordination with neighboring countries

(1)

In general

The Task Force, in consultation with the Secretary of State, shall include in the report required by section 1201(f)(2)(B) a description of the means by which international agreements and regulations with countries that share a border with the United States will be implemented and enforced by Federal agencies (including a clarification of the roles and responsibilities of those agencies).

(2)

Negotiations

As soon as practicable after the date of enactment of the Great Lakes Collaboration Implementation Act, the Secretary of State may enter into negotiations with—

(A)

Canada to issue a request that the International Joint Commission, by not later than 18 months after the date of enactment of that Act, review, research, conduct hearings on, and submit to the parties represented on the International Joint Commission a report that describes the success of current policies of governments in the United States and Canada having jurisdiction over the Great Lakes in anticipating and preventing biological invasions of the aquatic ecosystem in the Great Lakes, including—

(i)

an analysis of current Federal, State or Provincial, local, and international laws, enforcement practices, and agreements;

(ii)

an analysis of prevention efforts related to all likely pathways for biological invasions of the aquatic ecosystem in the Great Lakes; and

(iii)

recommendations of the International Joint Commission for means by which to improve and harmonize the policies and enforcement practices referred to in clause (i); and

(B)

Mexico, to ensure coordination of efforts of the United States with efforts of Mexico to manage invasive species established in the United States-Mexico border region.

.

5

Authorization of Appropriations

121.

Authorization of appropriations

Section 1301 of the Nonindigenous Aquatic Nuisance Prevention and Control Act of 1990 (16 U.S.C. 4741) is amended to read as follows:

1301.

Authorization of appropriations

(a)

In general

Except as otherwise provided in this section, there are authorized to be appropriated such sums as are necessary to carry out this Act for each of fiscal years 2010 through 2014.

(b)

Task Force and aquatic Nuisance Species program

There are authorized to be appropriated for each of fiscal years 2010 through 2014—

(1)

$8,000,000, to carry out activities of the Task Force under section 1202, of which—

(A)

$4,000,000 shall be used by the Director;

(B)

$3,000,000 shall be used by the National Oceanic and Atmospheric Administration; and

(C)

$1,000,000 shall be used by the Invasive Species Council;

(2)

$30,000,000, to provide grants under section 1204(b);

(3)

$3,000,000, to provide assistance to the regional panels of the Task Force; and

(4)

$1,000,000, to be used by the Director to carry out section 1105(g).

(c)

International coordination

There is authorized to be appropriated to the Department of State to carry out section 1403 $1,000,000 for each of fiscal years 2010 through 2014.

(d)

Prevention of introduction by vessels of aquatic Invasive Species into waters of the United States

There are authorized to be appropriated for each of fiscal years 2010 through 2014—

(1)

$6,000,000, to be used by the Secretary to carry out section 1101;

(2)

$2,500,000, to be used by the Administrator to carry out section 1101; and

(3)

$2,750,000, to be used by the Task Force to carry out section 1101, of which—

(A)

$1,500,000 shall be used by the Director; and

(B)

$1,250,000 shall be used by the National Oceanic and Atmospheric Administration.

(e)

Prevention of the introduction by nonvessel pathways of aquatic Invasive Species into waters of the United States

There are authorized to be appropriated for each of fiscal years 2010 through 2014—

(1)

$5,000,000, to carry out the priority pathway management program under section 1210, of which—

(A)

$2,000,000 shall be used by the National Oceanic and Atmospheric Administration; and

(B)

$3,000,000 shall be used by the Director;

(2)

$1,000,000, to be used by the Invasive Species Council to establish screening guidelines under section 1105(b); and

(3)

$3,500,000, to be used by the Director to promulgate and implement screening requirements under section 1105(g).

(f)

Early detection and monitoring

There are authorized to be appropriated, to carry out early detection, monitoring, and survey planning and implementation under section 1106, $2,000,000 for each of fiscal years 2010 and 2011 and $10,000,000 for each of fiscal years 2012 through 2014, of which—

(1)

for each of fiscal years 2010 and 2011—

(A)

$1,000,000 shall be used by the National Oceanic and Atmospheric Administration; and

(B)

$1,000,000 shall be used by the Director; and

(2)

for each of fiscal years 2012 through 2014—

(A)

$5,000,000 shall be used by the National Oceanic and Atmospheric Administration; and

(B)

$5,000,000 shall be used by the Director.

(g)

Rapid response and environmental soundness

(1)

Rapid response

There are authorized to be appropriated for each of fiscal years 2010 through 2014—

(A)

$25,000,000, to the rapid response fund of the Secretary of the Interior established under section 1211;

(B)

$1,000,000, to be used by the Invasive Species Council in developing the State and regional rapid response contingency strategy under section 1211; and

(C)

$1,500,000, to be used for Federal rapid response teams under section 1211(e), of which—

(i)

$500,000 shall be used by the National Oceanic and Atmospheric Administration; and

(ii)

$1,000,000 shall be used by the Director.

(2)

Environmental soundness

There is authorized to be appropriated for establishment under section 1202(k) of criteria for the improvement of treatment methods for aquatic invasive species $600,000 for each of fiscal years 2010 through 2014.

(h)

Information, education, and outreach

There are authorized to be appropriated for each of fiscal years 2010 through 2014—

(1)

$500,000, to be used by the Secretary of the Interior to carry out the information and education program under section 1202(h)(2)(D);

(2)

$750,000, to be used by the Director in carrying out the 100th meridian program under section 1202(h)(2)(C);

(3)

$2,000,000, to be used to carry out informational and educational activities of the Task Force under section 1202(h), of which—

(A)

$1,000,000 shall be used by the National Oceanic and Atmospheric Administration; and

(B)

$1,000,000 shall be used by the Director; and

(4)

$500,000, to be used by the National Oceanic and Atmospheric Administration to carry out section 1202(h)(2)(B)(ii).

.

6

Conforming Amendments

126.

Conforming amendments

(a)

In general

The Nonindigenous Aquatic Nuisance Prevention and Control Act of 1990 is amended—

(1)

in section 1101 (16 U.S.C. 4711) by striking the section heading and inserting the following:

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:

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:

1202.

Aquatic Invasive Species program

;

(6)

in section 1204 (16 U.S.C. 4724) by striking the section heading and inserting the following:

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.

B

Aquatic Invasive Species Research

141.

Findings

The Congress makes the following findings:

(1)

Aquatic invasive species damage infrastructure, disrupt commerce, outcompete native species, reduce biodiversity, and threaten human health.

(2)

The direct and indirect costs of aquatic invasive species to our Nation’s economy number in the billions of dollars per year.

(3)

Recent studies have shown that, in addition to economic damage, invasive species cause enormous environmental damage, and have cited invasive species as the second leading threat to endangered species.

(4)

Over the past 200 years, the rate of detected marine and freshwater invasions in North America has increased exponentially.

(5)

The rate of invasions continues to grow each year.

(6)

Marine and freshwater research underlies every aspect of detecting, preventing, controlling, and eradicating invasive species, educating citizens and stakeholders, and restoring ecosystems.

(7)

Current Federal efforts, including research efforts, have focused primarily on controlling established invasive species, which is both costly and often unsuccessful. An emphasis on research, development, and demonstration to support efforts to prevent invasive species or eradicate them upon entry into United States waters would likely result in a more cost-effective and successful approach to combating invasive species through preventing initial introduction.

(8)

Research, development, and demonstration to support prevention and eradication includes monitoring of both pathways and ecosystems to track the introduction and establishment of nonnative species, and development and testing of technologies to prevent introduction through known pathways.

(9)

Therefore, Congress finds that it is in the United States interest to conduct a comprehensive and thorough research, development, and demonstration program on aquatic invasive species in order to better understand how aquatic invasive species are introduced and become established and to support efforts to prevent the introduction and establishment of, and to eradicate, these species.

142.

Definitions

In this Act:

(1)

Administering agencies

The term administering agencies means—

(A)

the National Oceanic and Atmospheric Administration (including the Great Lakes Environmental Research Laboratory);

(B)

the Smithsonian Institution (acting through the Smithsonian Environmental Research Center); and

(C)

the United States Geological Survey.

(2)

Aquatic ecosystem

The term aquatic ecosystem means a freshwater, marine, or estuarine environment (including inland waters, riparian areas, and wetlands) located in the United States.

(3)

Ballast water

The term ballast water means any water (with its suspended matter) used to maintain the trim and stability of a vessel.

(4)

Invasion

The term invasion means the introduction and establishment of an invasive species into an ecosystem beyond its historic range.

(5)

Invasive species

The term invasive species means a species—

(A)

that is nonnative to the ecosystem under consideration; and

(B)

whose introduction causes or may cause harm to the economy, the environment, or human health.

(6)

Invasive Species Council

The term Invasive Species Council means the council established by section 3 of Executive Order No. 13112 (42 U.S.C. 4321 note).

(7)

Pathway

The term pathway means 1 or more routes by which an invasive species is transferred from one ecosystem to another.

(8)

Species

The term species means any fundamental category of taxonomic classification or any viable biological material ranking below a genus or subgenus.

(9)

Task Force

The term Task Force means the Aquatic Nuisance Species Task Force established by section 1201(a) of the Nonindigenous Aquatic Nuisance Prevention and Control Act of 1990 (16 U.S.C. 4721(a)).

(10)

Type approval

The term type approval means an approval procedure under which a type of system is certified as meeting a standard established pursuant to Federal law for a particular application.

143.

Coordination and implementation

(a)

Coordination

In carrying out this Act, the administering agencies shall coordinate with—

(1)

appropriate State agencies;

(2)

the Fish and Wildlife Service, the Environmental Protection Agency, and other appropriate Federal agencies; and

(3)

the Task Force and Invasive Species Council.

(b)

Implementation

The administering agencies shall enter into a memorandum of understanding regarding the implementation of this Act, which shall include the coordination required by subsection (a).

(c)

Cooperation

In carrying out this Act, the administering agencies shall contract, as appropriate, or otherwise cooperate with academic researchers.

(d)

Structure

To the extent practicable, the administering agencies shall carry out this Act working within the organizational structure of the Task Force and Invasive Species Council.

144.

Ecological and pathway research

(a)

In general

The administering agencies shall develop and conduct a marine and fresh-water research program which shall include ecological and pathway surveys and experimentation to detect nonnative aquatic species in aquatic ecosystems and to assess rates and patterns of introductions of nonnative aquatic species in aquatic ecosystems. The goal of this marine and freshwater research program shall be to support efforts to prevent the introduction of, detect, and eradicate invasive species through informing early detection and rapid response efforts, informing relevant policy decisions, and assessing the effectiveness of implemented policies to prevent the introduction and spread of aquatic invasive species. Surveys and experiments under this subsection shall be commenced not later than 18 months after the date of the enactment of this Act.

(b)

Protocol development

The administering agencies shall establish standardized protocols for conducting ecological and pathway surveys of nonnative aquatic species under subsection (a) that are integrated and produce comparable data. Protocols shall, as practicable, be integrated with existing protocols and data collection methods. In developing the protocols under this subsection, the administering agencies shall draw on the recommendations gathered at the workshop under subsection (g). The protocols shall be peer reviewed, and revised as necessary. Protocols shall be completed within 1 year after the date of the enactment of this Act.

(c)

Ecological and pathway survey requirements

(1)

Each ecological survey conducted under subsection (a) shall, at a minimum—

(A)

document baseline ecological information of the aquatic ecosystem including, to the extent practicable, a comprehensive inventory of native species, nonnative species, and species of unknown origin present in the ecosystem, as well as the chemical and physical characteristics of the water and underlying substrate;

(B)

for nonnative species, gather information to assist in identifying their life history, environmental requirements and tolerances, the historic range of their native ecosystems, and their history of spreading from their native ecosystems;

(C)

track the establishment of nonnative species including information about the estimated abundance of nonnative organisms in order to allow an analysis of the probable date of introduction of the species; and

(D)

identify the likely pathway of entry of nonnative species.

(2)

Each pathway survey conducted under this section shall, at a minimum—

(A)

identify what nonnative aquatic species are being introduced or may be introduced through the pathways under consideration;

(B)

determine the quantities of organisms being introduced through the pathways under consideration; and

(C)

determine the practices that contributed to or could contribute to the introduction of nonnative aquatic species through the pathway under consideration.

(d)

Number and location of survey sites

The administering agencies shall designate the number and location of survey sites necessary to carry out marine and freshwater research required under this section. In establishing sites under this subsection or subsection (e), emphasis shall be on the geographic diversity of sites, as well as the diversity of the human uses and biological characteristics of sites.

(e)

Competitive grant program

The National Oceanic and Atmospheric Administration and the United States Geological Survey shall jointly administer a program to award competitive, peer-reviewed grants to academic institutions, State agencies, and other appropriate groups, in order to assist in carrying out subsection (a), and shall include to the maximum extent practicable diverse institutions, including Historically Black Colleges and Universities and those serving large proportions of Hispanics, Native Americans, Asian-Pacific Americans, or other underrepresented populations.

(f)

Ship pathway surveys

Section 1102(b)(2)(B)(ii) of the Nonindigenous Aquatic Nuisance Prevention and Control Act of 1990 (16 U.S.C. 4712(b)(2)(B)(ii)) is amended to read as follows:

(ii)

examine other potential modes for the introduction of nonnative aquatic species by ship, including hull fouling.

.

(g)

Workshop

In order to support the development of the protocols and design for the surveys under subsections (b) and (c), and to determine how to obtain consistent, comparable data across a range of ecosystems, the administering agencies shall convene at least one workshop with appropriate researchers and representatives involved in the management of aquatic invasive species from Federal and State agencies and academic institutions to gather recommendations. The administering agencies shall make the results of the workshop widely available to the public. The workshop shall be held within 180 days after the date of the enactment of this Act.

(h)

Experimentation

The administering agencies shall conduct research to identify the relationship between the introduction and establishment of nonnative aquatic species, including those legally introduced, and the circumstances necessary for those species to become invasive.

(i)

National pathway and ecological surveys database

(1)

In general

The United States Geological Survey shall develop, maintain, and update, in consultation and cooperation with the Smithsonian Institution (acting through the Smithsonian Environmental Research Center), the National Oceanic and Atmospheric Administration, and the Task Force, a central, national database of information concerning information collected under this section.

(2)

Requirements

The database shall—

(A)

be widely available to the public;

(B)

be updated not less than once a quarter;

(C)

be coordinated with existing databases, both domestic and foreign, collecting similar information; and

(D)

be, to the maximum extent practicable, formatted such that the data is useful for both researchers and Federal and State employees managing relevant invasive species programs.

145.

Analysis

(a)

Invasion analysis

(1)

In general

Not later than 3 years after the date of the enactment of this Act, and every year thereafter, the administering agencies shall analyze data collected under section 144 and other relevant research on the rates and patterns of invasions by aquatic invasive species in waters of the United States. The purpose of this analysis shall be to use the data collected under section 144 and other relevant research to support efforts to prevent the introduction of, detect, and eradicate invasive species through informing early detection and rapid response efforts, informing relevant policy decisions, and assessing the effectiveness of implemented policies to prevent the introduction and spread of invasive species.

(2)

Contents

The analysis required under paragraph (1) shall include with respect to aquatic invasive species—

(A)

an analysis of pathways, including—

(i)

identifying, and characterizing as high, medium, or low risk, pathways regionally and nationally;

(ii)

identifying new and expanding pathways;

(iii)

identifying handling practices that contribute to the introduction of species in pathways; and

(iv)

assessing the risk that species legally introduced into the United States pose for introduction into aquatic ecosystems;

(B)

patterns and rates of invasion and susceptibility to invasion of various bodies of water;

(C)

how the risk of establishment through a pathway is related to the identity and number of organisms transported;

(D)

rates of spread and numbers and types of pathways of spread of new populations of the aquatic invasive species and an estimation of the potential spread and distribution of newly introduced invasive species based on their environmental requirements and historical distribution;

(E)

documentation of factors that influence an ecosystem’s vulnerability to a nonnative aquatic species becoming invasive;

(F)

a description of the potential for, and impacts of, pathway management programs on invasion rates;

(G)

recommendations for improvements in the effectiveness of pathway management;

(H)

to the extent practical, a determination of the level of reduction in live organisms of various taxonomic groups required to reduce the risk of establishment to receiving aquatic ecosystems to an acceptable level; and

(I)

an evaluation of the effectiveness of management actions (including any standard) at preventing nonnative species introductions and establishment.

(b)

Research To assess the potential of the establishment of introduced species

Within 2 years after the date of the enactment of this Act, the administering agencies shall develop a profile, based on the general characteristics of invasive species and vulnerable ecosystems, in order to predict, to the extent practical, whether a species planned for importation is likely to invade a particular aquatic ecosystem if introduced. In developing the profile, the above agencies shall analyze the research conducted under section 144, and other research as necessary, to determine general species and ecosystem characteristics (taking into account the opportunity for introduction into any ecosystem) and circumstances that can lead to establishment. Based on the profile, the Task Force shall make recommendations to the Invasive Species Council as to what planned importations of nonnative aquatic organisms should be restricted. This profile shall be peer-reviewed.

(c)

Authorization of appropriations

There are authorized to be appropriated for carrying out this section and section 144, and section 1102(b)(2) of the Nonindigenous Aquatic Nuisance Prevention and Control Act of 1990 (16 U.S.C. 4712(b)(2)) for each of the fiscal years 2010 through 2014—

(1)

$4,000,000 for the Smithsonian Environmental Research Center;

(2)

$11,000,000 for the United States Geological Survey (including activities through the Cooperative Fish and Wildlife Research Program), of which $6,500,000 shall be for the grant program under section 144(e), and of which $500,000 shall be for developing, maintaining, and updating the database under section 144(i); and

(3)

$10,500,000 for the National Oceanic and Atmospheric Administration, of which $6,500,000 shall be for the grant program under section 144(e).

146.

Dissemination

(a)

In general

The Invasive Species Council, in coordination with the Task Force and the administering agencies, shall be responsible for disseminating the information collected under this Act to the public, including Federal, State, and local entities, relevant policymakers, and private researchers with responsibility over or interest in aquatic invasive species.

(b)

Report to Congress

Not later than 3 years after the date of the enactment of this Act, the Invasive Species Council shall report actions and findings under section 145 to the Congress, and shall update this report once every 3 years thereafter, or more often as necessary.

(c)

Response strategy

The Invasive Species Council, in coordination with the Task Force, the administering agencies, and other appropriate Federal and State agencies, shall develop and implement a national strategy for how information collected under this Act will be shared with Federal, State, and local entities with responsibility for determining response to the introduction of potentially invasive aquatic species, to enable those entities to better and more rapidly respond to such introductions.

(d)

Pathway practices

The Invasive Species Council, in coordination with the Task Force and the administering agencies, shall disseminate information to, and develop an ongoing educational program for, pathway users (including vendors and customers) on how their practices could be modified to prevent the intentional or unintentional introduction of nonnative aquatic species into aquatic ecosystems.

(e)

Authorization of appropriations

There are authorized to be appropriated to the Secretary of the Interior for each of the fiscal years 2010 through 2014 $500,000 for the Invasive Species Council for carrying out this section.

147.

Technology development, demonstration, and verification

(a)

Environmentally sound technology development, demonstration, and verification

(1)

Grant program

Not later than 1 year after the date of the enactment of this Act, the Environmental Protection Agency, acting through the Office of Research and Development, in consultation with the Army Corps of Engineers, the administering agencies, and the Task Force, shall develop and begin administering a grant program to fund research, development, demonstration, and verification of environmentally sound cost-effective technologies and methods to control and eradicate aquatic invasive species.

(2)

Purposes

Proposals funded under this subsection shall—

(A)

seek to support Federal, State, or local officials’ ongoing efforts to control and eradicate aquatic invasive species in an environmentally sound manner;

(B)

increase the number of environmentally sound technologies or methods Federal, State, or local officials may use to control or eradicate aquatic invasive species;

(C)

provide for demonstration or dissemination of the technology or method to potential end-users; and

(D)

verify that any technology or method meets any appropriate criteria developed for effectiveness and environmental soundness by the Environmental Protection Agency.

(3)

Preference

The Administrator of the Environmental Protection Agency shall give preference to proposals that will likely meet any appropriate criteria developed for environmental soundness by the Environmental Protection Agency.

(4)

Merit review

Grants shall be awarded under this subsection through a competitive, peer-reviewed process.

(5)

Report

Not later than 3 years after the date of the enactment of this Act, the Administrator of the Environmental Protection Agency shall prepare and submit a report to Congress on the program conducted under this subsection. The report shall include findings and recommendations of the Administrator with regard to technologies and methods.

(b)

Ship pathway technology demonstration

(1)

Reauthorization of program

Section 1301(e) of the Nonindigenous Aquatic Nuisance Prevention and Control Act of 1990 (16 U.S.C. 4741(e)) is amended by striking $2,500,000 and inserting $7,500,000 for each of the fiscal years 2010 through 2014.

(2)

Expansion of program

Section 1104(b) of the Nonindigenous Aquatic Nuisance Prevention and Control Act of 1990 (16 U.S.C. 4714(b)) is amended—

(A)

by redesignating paragraphs (4) and (5) as paragraphs (5) and (6), respectively; and

(B)

by inserting after paragraph (3) the following new paragraph:

(4)

Additional purposes

The Secretary of the Interior and the Secretary of Commerce may also demonstrate and verify technologies under this subsection to monitor and control pathways of organism transport on ships other than through ballast water.

.

(3)

Criteria and workshop

Section 1104 of the Nonindigenous Aquatic Nuisance Prevention and Control Act of 1990 (16 U.S.C. 4714) is amended by adding at the end the following new subsections:

(d)

Criteria

When issuing grants under this section, the National Oceanic and Atmospheric Administration shall give preference to those technologies that will likely meet the criteria laid out in any testing protocol developed by the Environmental Protection Agency Office of Research and Development’s Environmental Technology Verification Program.

(e)

Workshop

The National Oceanic and Atmospheric Administration shall hold an annual workshop of principal investigators funded under this section and researchers conducting research directly related to ship pathway technology development, for information exchange, and shall make the proceedings widely available to the public.

.

(c)

Authorization of appropriations

There are authorized to be appropriated for each of the fiscal years 2010 through 2014 $2,500,000 for the Environmental Protection Agency to carry out subsection (a).

148.

Research to support the setting and implementation of ship pathway standards

(a)

Research program

The Coast Guard and the Environmental Protection Agency, in coordination with the National Oceanic and Atmospheric Administration, the Task Force, and other appropriate Federal agencies and academic researchers, shall develop a coordinated research program to support the promulgation and implementation of standards to prevent the introduction and spread of invasive species by ships that shall include—

(1)

characterizing physical, chemical, and biological harbor conditions relevant to ballast discharge into United States waters to inform the design and implementation of ship vector control technologies and practices;

(2)

developing testing protocols for determining the effectiveness of vector monitoring and control technologies and practices;

(3)

researching and demonstrating methods for mitigating the spread of invasive species by coastal voyages, including exploring the effectiveness of alternative exchange zones in the near coastal areas and other methods proposed to reduce transfers of organisms;

(4)

verifying the practical effectiveness of any type approval process to ensure that the process produces repeatable and accurate assessments of treatment effectiveness; and

(5)

evaluating the effectiveness and residual risk and environmental impacts associated with any standard set with respect to the ship pathway through experimental research.

(b)

Working group

Not later than 2 years after the issuance by the Coast Guard of any standard relating to the introduction by ships of invasive species, the Coast Guard shall convene a working group including the Environmental Protection Agency, the administering agencies, and other appropriate Federal and State agencies and academic researchers, to evaluate the effectiveness of that standard and accompanying implementation protocols. The duties of the working group shall, at a minimum, include—

(1)

reviewing the effectiveness of the standard in reducing the establishment of invasive species in aquatic ecosystems, taking into consideration the data collected under section 144; and

(2)

developing recommendations to the Coast Guard for the revision of such standard and type approval process to ensure effectiveness in reducing introductions and accurate shipboard monitoring of treatment performance that is simple and streamlined, which shall be made widely available to the public.

(c)

Authorization of appropriations

There are authorized to be appropriated for each of the fiscal years 2010 through 2014 $1,500,000 for the Coast Guard and $1,500,000 for the Environmental Protection Agency to carry out subsection (a).

149.

Research in systematics and taxonomy

(a)

In general

The National Science Foundation shall establish a program to award grants to researchers at institutions of higher education and museums to carry out research programs in systematics and taxonomy.

(b)

Goals

The goals of the program under this section are to—

(1)

encourage scientists to pursue careers in systematics and taxonomy to ensure a continuing knowledge base in these disciplines;

(2)

ensure that there will be adequate expertise in systematics and taxonomy to support Federal, State, and local needs to identify species;

(3)

develop this expertise throughout the United States with an emphasis on regional diversity; and

(4)

draw on existing expertise in systematics and taxonomy at institutions of higher education and museums to train the next generation of systematists and taxonomists.

(c)

Criteria

Grants shall be awarded under this section on a merit-reviewed competitive basis. Emphasis shall be placed on funding proposals in a diverse set of ecosystems and geographic locations, and, when applicable, integrated with the United States Long Term Ecological Research Network. Preference shall be given to proposals that will include student participation, and to institutions and museums that actively train students to become experts in taxonomy and systematics.

(d)

Authorization of appropriations

There are authorized to be appropriated to the National Science Foundation for carrying out this section $2,500,000 for each of the fiscal years 2010 through 2014.

150.

State programs

(a)

Plan

The administering agencies, in cooperation with the appropriate State agencies, shall develop a plan to—

(1)

conduct a survey of methods States and Federal agencies are using to control or eradicate aquatic invasive species;

(2)

facilitate the exchange of information among States and Federal agencies on methods States or Federal agencies have found to be effective at controlling or eradicating aquatic invasive species and the costs of those methods; and

(3)

evaluate the cost-effectiveness of the various methods States and Federal agencies are using to control or eradicate aquatic invasive species.

(b)

Report

Not later than one year after the date of enactment of this Act, the administering agencies shall jointly transmit to the Congress the plan described in subsection (a) and the expected costs of carrying out the plan.

C

Invasive Species Council

161.

Short title

This subtitle may be cited as the National Invasive Species Council Act.

162.

Statement of policy regarding Federal duties

(a)

In general

No Federal agency may authorize, fund, or carry out any action that would likely cause or promote the introduction or spread of an invasive species in the United States or any other location, unless the head of the Federal agency, at his or her sole discretion and pursuant to guidelines developed under subsection (b), determines that—

(1)

the benefits of the action under consideration clearly outweigh the potential harm to the environment, economy, or human health caused by the introduction or spread of the invasive species; and

(2)

all feasible and prudent measures to minimize risk of harm to the environment, economy, or human health will be taken in carrying out the actions.

(b)

Guidelines

The Council for Environmental Quality, in conjunction with the Invasive Species Council, shall develop guidelines for Federal agencies to analyze actions pursuant to this section.

163.

National Invasive Species Council

(a)

Establishment

There is established as an independent entity within the executive branch the National Invasive Species Council. The Council shall provide leadership and coordination among Federal agencies, and between the Federal Government and State and local governments, with respect to effort to minimize the economic, ecological, and human health impacts that invasive species cause and reduce the threat of further invasions.

(b)

Membership

(1)

In general

The Council shall consist of the following members:

(A)

The Secretary of the Interior.

(B)

The Secretary of Agriculture.

(C)

The Secretary of Commerce.

(D)

The Secretary of State.

(E)

The Secretary of the Treasury.

(F)

The Secretary of Defense.

(G)

The Secretary of Transportation.

(H)

The Secretary of Health and Human Services.

(I)

The Administrator of the Environmental Protection Agency.

(J)

The Administrator of the United States Agency for International Development.

(K)

Such additional members as may be appointed under paragraph (2).

(2)

Additional members

With the concurrence of a majority of the members of the Council, the Chair of the Council may appoint additional members to the Council from among individuals who are officers or employees of the Federal Government with significant responsibilities concerning invasive species.

(c)

Chair

The Secretary of the Interior shall serve as chair of the Council for the 3-year period beginning on the date of the enactment of this Act. Thereafter, the chair shall rotate every 3 years among the following members, in the order stated:

(1)

The Secretary of Agriculture.

(2)

The Secretary of Commerce.

(3)

The Secretary of the Interior.

(d)

Meetings

The Council shall meet at least semiannually, at the call of the chair.

(e)

Executive Director

(1)

Appointment

The President shall appoint the Executive Director of the Council, by and with the advice and consent of the Senate.

(2)

Consultation

Before appointing an individual under paragraph (1), the President shall consult with the Secretary of the Interior, the Secretary of Agriculture, and the Secretary of Commerce.

(3)

Qualifications

An individual appointed under this subsection must have legal or scientific experience and training in the area of natural resources, ecology, or agriculture, and experience in dealing with public policy matters regarding aquatic and terrestrial invasive species.

(4)

Term

The Executive Director of the Council shall serve a term of six years, unless removed earlier by the President.

(5)

Compensation

The Executive Director shall be paid at the maximum rate of basic pay for GS–15 of the General Schedule.

164.

Duties

(a)

In general

The Council shall ensure that Federal agency efforts concerning invasive species are coordinated, effective, complementary, and cost-efficient.

(b)

Specific functions

To carry out subsection (a) the Council shall perform the following functions:

(1)

Coordinate with existing organizations addressing invasive species, such as the Aquatic Nuisance Species Task Force, the Federal Interagency Committee for the Management of Noxious and Exotic Weeds, regional panels established under the Nonindigenous Aquatic Nuisance Prevention and Control Act of 1990 (16 U.S.C. 4701 et seq.), and the White House Office of Science and Technology Policy, to implement the National Management Plan.

(2)

Develop recommendations for international cooperation between Federal and State Governments and other nations on tools, policies, and methods to prevent the introduction and export of invasive species into and from, respectively, the United States.

(3)

Develop guidelines for Federal agency efforts to ensure that Federal programs concerning invasive species, including outreach programs, are coordinated with State, local, and tribal governments.

(4)

Develop, in consultation with the Council on Environmental Quality, guidance to Federal agencies pursuant to the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) on prevention, control, and eradication of invasive species.

(5)

Establish and maintain a publicly accessible, coordinated, up-to-date information sharing system that—

(A)

allows the access to and exchange of information among Federal agencies and the public; and

(B)

utilizes, to the greatest extent practicable, the Internet.

(6)

Ensure that Federal agencies implement the plans, programs, and policies adopted by the Council in the National Management Plan through appropriate actions, including working in cooperation with Federal agencies on development of budgets pursuant to the President’s annual budget submission to the Congress.

(7)

Evaluate Federal programs that are likely to cause or promote the introduction or spread of invasive species in the United States, and recommend actions Federal agencies can take to minimize the risk of introductions or further spread of invasive species.

(8)

Develop and submit to the appropriate Committees of the House of Representatives and Senate and the Director of the Office of Management and Budget an annual list of priorities, ranked in high, medium, and low categories, of Federal efforts and programs in the following areas:

(A)

Prevention.

(B)

Eradication.

(C)

Control.

(D)

Monitoring.

(E)

Research.

(F)

Outreach.

165.

National Invasive Species Management Plan

(a)

Development

(1)

In general

The Council shall develop a National Invasive Species Management Plan that details and recommends performance-oriented goals and specific measures of success for carrying out each of the Federal agency activities related to invasive species.

(2)

Development process

The National Management Plan shall be developed through a public process and in consultation with Federal agencies, appropriate State and local entities, and other appropriate stakeholders.

(3)

Contents

The National Management Plan shall include recommendations of effective, cost-efficient, environmentally sound, and science-based approaches for the following:

(A)

Prevention of the introduction of invasive species, including approaches for identifying pathways by which invasive species are introduced and for minimizing the risk of introductions via those pathways. Recommended approaches under this subparagraph shall provide for—

(i)

a process to evaluate risks associated with the introduction and spread of invasive species; and

(ii)

a coordinated and systematic risk-based process to identify, monitor, and interdict pathways that may be involved in the introduction of invasive species.

(B)

Cooperating with other nations to increase their capacity to control their invasive species and to prevent the spread of invasive species across international borders.

(C)

Rapidly detecting and responding to incipient invasions of invasive species.

(D)

Managing new and established populations of invasive species by eradicating them or controlling their spread.

(E)

Accurately and reliably monitoring new and established populations of invasive species.

(F)

Restoring native species and habitat conditions in ecosystems that have been invaded by invasive species.

(G)

Evaluating and documenting the impacts of invasive species on the economy, the environment, and human health.

(H)

Conducting research on the matters referred to in subparagraphs (A) through (F).

(I)

Developing technologies to prevent the introduction and provide for the management of invasive species.

(J)

Promoting public education on invasive species and the means to address them.

(4)

Identification of needed personnel, etc

The National Management Plan shall identify the personnel, other resources, and additional levels of coordination needed to achieve the goals included in the plan.

(b)

Existing plan

The Management Plan of the National Invasive Species Council adopted in 2001 shall be treated as the National Management Plan required under subsection (a) until the date of the issuance of the National Management plan in accordance with subsection (c).

(c)

Issuance and update of National Management Plan

The Council shall—

(1)

issue the National Management Plan required under subsection (a) by not later than December 31, 2010;

(2)

update the National Management Plan by not later than December 31 biennially; and

(3)

concurrently with the process of updating the National Management Plan, evaluate and report to the Congress on success in achieving the goals set forth in the National Management Plan.

(d)

Agency reports

Within 18 months after the date of the issuance of any edition of the National Management Plan that recommends action by a Federal agency, the head of such agency shall report to the Congress any of such actions that the agency has not taken, with an explanation of why the action is not feasible.

166.

Invasive Species Advisory Committee

(a)

In general

The Council shall have an advisory committee to provide information and advice for consideration by the Council, which shall be known as the Invasive Species Advisory Committee. Except as otherwise provided in this section, the advisory committee shall be organized, perform the functions, and have the authorities specified in the charter for such advisory committee signed by the Secretary of the Interior on October 30, 2001.

(b)

Appointment

Members of the advisory committee shall be appointed by the chair of the Council, after consultation with the other members of the Council, from among individuals representing stakeholders with respect to Federal programs for minimizing the economic, ecological, and human health impacts that invasive species cause.

(c)

Functions

In addition to the functions specified in the charter referred to in subsection (a), the advisory committee shall recommend to the Council plans and actions at local, tribal, State, regional, and ecosystem-based levels to achieve the goals of the National Management Plan required under 165.

(d)

Continuing operation of existing committee

Any advisory committee appointed before the date of the enactment of this Act pursuant to the charter referred to in subsection (a) may continue in effect under this section.

167.

Budget crosscut

The Director of the Office of Management and Budget shall prepare and submit to the Congress and the Council, by not later than March 31, 2010, and of each year thereafter, a budget analysis and summary of all Federal programs relating to invasive species.

168.

Definitions

In this Act:

(1)

Council

The term Council means the National Invasive Species Council established by section 163(a).

(2)

Invasive species

The term invasive species means a species—

(A)

that is nonnative to the ecosystem under consideration; and

(B)

the introduction of which causes or may cause harm to the economy, the environment, or human health.

(3)

National Management Plan

The term National Management Plan means the National Invasive Species Management Plan developed by the Council under section 165(a).

(4)

Species

The term species means a category of taxonomic classification ranking below a genus or subgenus and consisting of related organisms capable of interbreeding.

169.

Existing Executive Order

Executive Order 13112, dated February 3, 1999, shall have no force or effect.

170.

Authorization of appropriations

There is authorized to be appropriated to carry out this Act $2,000,000 for each of fiscal years 2010 through 2014.

II

Coastal Health

201.

Technical assistance

(a)

Technical assistance for rural and small treatment works

Section 104(b) of the Federal Water Pollution Control Act (33 U.S.C. 1254(b)) is amended—

(1)

by redesignating paragraphs (1) through (7) as subparagraphs (A) through (G), respectively, and indenting the subparagraphs appropriately;

(2)

by striking (b) In carrying out and inserting the following:

(b)

Authorized activities

(1)

In general

In carrying out

;

(3)

in paragraph (1) (as designated by paragraph (2))—

(A)

by striking paragraph (1) of subsection (a) each place it appears and inserting subsection (a)(1);

(B)

in subparagraph (C) (as redesignated by paragraph (1)), by striking of this section;

(C)

in subparagraph (F) (as redesignated by paragraph (1)), by striking thereof; and and inserting of the effects;;

(D)

in subparagraph (G) (as redesignated by paragraph (1)), by striking the period at the end and inserting ; and; and

(E)

by adding at the end the following:

(H)

make grants to nonprofit organizations—

(i)

to provide technical assistance to rural and small municipalities for the purpose of assisting, in consultation with the State in which the assistance is provided, the municipalities in the planning, development, and acquisition of financing for wastewater infrastructure assistance;

(ii)

to capitalize revolving loan funds for the purpose of providing loans, in consultation with the State in which the assistance is provided and in accordance with paragraph (2), to rural and small municipalities for—

(I)

predevelopment costs associated with wastewater infrastructure projects; and

(II)

short-term costs incurred for the replacement of equipment that is not part of a regular operation or maintenance activity for an existing wastewater system;

(iii)

to provide technical assistance and training for rural and small publicly owned treatment works and decentralized wastewater treatment systems to enable the treatment works and systems to—

(I)

protect water quality; and

(II)

achieve and maintain compliance with the requirements of this Act; and

(iv)

to disseminate information to rural and small municipalities and municipalities that meet the affordability criteria established by the State in which the municipality is located under section 603(i)(2) with respect to planning, design, construction, and operation of publicly owned treatment works and decentralized wastewater treatment systems.

; and

(4)

by adding at the end the following:

(2)

Loan conditions

(A)

In general

A loan provided under paragraph (1)(H)(ii) shall—

(i)

be provided at a below-market interest rate;

(ii)

be provided in an amount not to exceed $100,000; and

(iii)

extend for a term of not more than 10 years.

(B)

Repayment

Repayment of a loan provided under paragraph (1)(H)(ii) shall be credited to the water pollution control revolving loan fund of the appropriate State under section 603.

.

(b)

Authorization of appropriations

Section 104(u) of the Federal Water Pollution Control Act (33 U.S.C. 1254(u)) is amended—

(1)

by striking (u) There is authorized to be appropriated (1) not and inserting the following:

(u)

Authorization of appropriations

There are authorized to be appropriated—

(1)

not

;

(2)

in paragraph (1), by striking provisions; (2) not and inserting the following:

provisions;

(2)

not

;

(3)

in paragraph (2), by striking subsection (g)(1); (3) not and inserting the following:

subsection (g)(1);

(3)

not

;

(4)

in paragraph (3), by striking subsection (g)(2); (4) not and inserting the following:

subsection (g)(2);

(4)

not

;

(5)

in paragraph (4), by striking subsection (p); (5) not and inserting the following:

subsection (p);

(5)

not

;

(6)

in paragraph (5), by striking subsection (r); and (6) not and inserting the following:

subsection (r);

(6)

not

;

(7)

in paragraph (6), by striking the period at the end and inserting ; and; and

(8)

by adding at the end the following:

(7)

for each of fiscal years 2010 through 2014, not more than $75,000,000 to carry out subparagraphs (C) and (H) of subsection (b)(1), of which, during any fiscal year—

(A)

not less than 20 percent shall be used to carry out subsection (b)(1)(H); and

(B)

not more than 1/3 of the amount used under subparagraph (A) shall be used to carry out subsection (b)(1)(H)(ii).

.

(c)

Competitive procedures for awarding grants

Section 104 of the Federal Water Pollution Control Act (33 U.S.C. 1254) is amended by adding at the end the following:

(w)

Competitive procedures for awarding grants

The Administrator shall establish procedures that promote competition and openness, to the maximum extent practicable, in the award of grants to nonprofit private agencies, institutions, and organizations under this section.

.

202.

Sewer overflow control grants

Section 221 of the Federal Water Pollution Control Act (33 U.S.C. 1301) is amended by striking subsection (c) and inserting the following:

(c)

Definition of financially distressed community

A financially distressed community referred to in subsection (b) is a community that meets the affordability criteria established by the State in which the community is located under section 603(i)(2).

.

203.

Water pollution control revolving loan funds

(a)

Extended payment period

Section 603(d)(1) of the Federal Water Pollution Control Act (33 U.S.C. 1383(d)(1)) is amended—

(1)

in subparagraph (A), by striking 20 years; and inserting the following:

the lesser of—

(i)

the design life of the project to be financed using the proceeds of the loan; or

(ii)

30 years;

; and

(2)

in subparagraph (B), by striking not later than 20 years after project completion and inserting on the expiration of the term of the loan.

(b)

Technical and planning assistance for small systems

Section 603(d) of the Federal Water Pollution Control Act (33 U.S.C. 1383(d)) is amended—

(1)

in paragraph (6), by striking and at the end;

(2)

in paragraph (7), by striking the period at the end and inserting ; and; and

(3)

by adding at the end the following:

(8)

with respect to municipalities and intermunicipal, interstate, and State agencies seeking assistance under this title that serve a population of 20,000 or fewer, to provide to owners and operators of small treatment works, in an amount not to exceed 2 percent of the amount of total grant awards made under this title—

(A)

technical and planning assistance; and

(B)

assistance relating to—

(i)

financial management;

(ii)

user fee analysis;

(iii)

budgeting;

(iv)

capital improvement planning;

(v)

facility operation and maintenance;

(vi)

repair schedules; and

(vii)

other activities to improve wastewater treatment plant management and operations.

.

(c)

Additional subsidization

Section 603 of the Federal Water Pollution Control Act (33 U.S.C. 1383) is amended by adding at the end the following:

(i)

Additional subsidization

(1)

In general

In any case in which a State provides assistance to a municipality or an intermunicipal, interstate, or State agency under subsection (d), the State may provide additional subsidization, including forgiveness of principal and negative interest loans—

(A)

to benefit a municipality that—

(i)

meets the affordability criteria of the State established under paragraph (2); or

(ii)

does not meet the criteria established under paragraph (2), if the municipality—

(I)

seeks additional subsidization to benefit individual ratepayers in the residential user rate class;

(II)

demonstrates to the State that the ratepayers described in subclause (I) will experience a significant hardship on the increase in rates required to finance the project or activity for which the assistance is sought; and

(III)

ensures, as part of an agreement between the State and the recipient, that the additional subsidization provided under this paragraph will be directed to those ratepayers through a user charge rate system (or another appropriate method); and

(B)

to implement alternative processes, materials, and techniques (including nonstructural protection of surface waters, new or improved methods of waste treatment, and pollutant trading) that may result in cost savings or increased environmental benefit when compared to standard processes, materials, and techniques.

(2)

Affordability criteria

(A)

Establishment

(i)

In general

Not later than September 30, 2009, after providing notice and an opportunity for public comment, a State shall establish affordability criteria to assist the State in identifying municipalities that would experience a significant hardship on the increase in rates required to finance a project or activity that is eligible for assistance under subsection (c)(1) if additional subsidization under paragraph (1) is not provided.

(ii)

Factors for consideration

In establishing criteria under clause (i), a State shall take into consideration—

(I)

income data;

(II)

population trends; and

(III)

any other data the State determines to be relevant.

(B)

Existing criteria

If a State has established, after providing notice and an opportunity for public comment, criteria in accordance with subparagraph (A) before the date of enactment of this subsection, the criteria shall be considered to be affordability criteria established under that subparagraph.

(C)

Information to assist states

The Administrator may publish information to assist States in establishing affordability criteria under subparagraph (A).

(3)

Priority

In providing assistance under this subsection, a State may give priority to any owner or operator of a project or activity that—

(A)

is eligible to receive funding under subsection (c)(1); and

(B)

is located in a municipality that meets the affordability criteria established under paragraph (2).

(4)

Set-aside

(A)

In general

For any fiscal year during which more than $1,400,000,000 is made available to the Administrator to carry out this title, a State shall provide additional subsidization under this subsection in the amount described in subparagraph (B) to entities described in paragraph (1) for projects and activities identified in the intended use plan of the State under section 606(c) on receipt of an application for additional subsidization.

(B)

Amount

The amount referred to in subparagraph (A) is an amount not less than 25 percent of the difference between—

(i)

the total amount that would have been allotted to the State under section 604 during the appropriate fiscal year, if the amount made available to the Administrator to carry out this title during that fiscal year was equal to $1,400,000,000; and

(ii)

the total amount allotted to the State under section 604 for that fiscal year.

(5)

Limitation

The total amount of additional subsidization provided by a State under this subsection shall not exceed 30 percent of the total amount of capitalization grants received by the State under this title for fiscal years beginning after September 30, 2009.

.

204.

Allotment of funds

(a)

In general

Section 604 of the Federal Water Pollution Control Act (33 U.S.C. 1384) is amended by striking subsection (a) and inserting the following:

(a)

Allotments

(1)

Fiscal years 2010 and 2011

Amounts made available to carry out this title for fiscal years 2000 and 2010 shall be allotted by the Administrator in accordance with the formula used to calculate allotments for fiscal year 2009.

(2)

Fiscal year 2012 and thereafter

Amounts made available to carry out this title for fiscal year 2012 and each fiscal year thereafter shall be allotted by the Administrator during each fiscal year—

(A)

for amounts up to $1,350,000,000, in accordance with the formula used to calculate allotments for fiscal year 2009; and

(B)

for any amount in excess of $1,350,000,000, in accordance with the formula developed by the Administrator under subsection (d).

.

(b)

Planning assistance

Section 604(b) of the Federal Water Pollution Control Act (33 U.S.C. 1384(b)) is amended by striking 1 percent and inserting 2 percent.

(c)

Formula

Section 604 of the Federal Water Pollution Control Act (33 U.S.C. 1384) is amended by adding at the end the following:

(d)

Formula based on water quality needs

Not later than September 30, 2009, after providing notice and an opportunity for public comment, the Administrator shall publish an allotment formula for purposes of subsection (a)(2)(B) based on water quality needs, to be determined by the Administrator in accordance with the most recent survey of needs developed by the Administrator under section 516.

.

205.

Authorization of appropriations

Section 607 of the Federal Water Pollution Control Act (33 U.S.C. 1387) is amended to read as follows:

607.

Authorization of appropriations

There are authorized to be appropriated to carry out this title—

(1)

$2,000,000,000 for fiscal year 2010;

(2)

$3,000,000,000 for fiscal year 2011;

(3)

$4,000,000,000 for fiscal year 2012;

(4)

$5,000,000,000 for fiscal year 2013; and

(5)

$6,000,000,000 for fiscal year 2014.

.

III

Areas of Concern

301.

Remediation of sediment contamination in areas of concern

Section 118(c)(12)(H) of the Federal Water Pollution Control Act (33 U.S.C. 1268(c)(12)(H)) is amended by striking clause (i) and inserting the following:

(i)

In general

In addition to other amounts authorized to be appropriated to carry out this section, there is authorized to be appropriated to carry out this paragraph $150,000,000 for each of fiscal years 2010 through 2014.

.

IV

Clean Water Authority

401.

Definition of waters of the United States

Section 502 of the Federal Water Pollution Control Act (33 U.S.C. 1362) is amended—

(1)

by striking paragraph (7);

(2)

by redesignating paragraphs (8) through (23) as paragraphs (7) through (22), respectively; and

(3)

by adding at the end the following:

(23)

Waters of the United States

The term waters of the United States means all waters subject to the ebb and flow of the tide, the territorial seas, and all interstate and intrastate waters and their tributaries, including lakes, rivers, streams (including intermittent streams), mudflats, sandflats, wetlands, sloughs, prairie potholes, wet meadows, playa lakes, natural ponds, and all impoundments of the foregoing, to the fullest extent that these waters, or activities affecting these waters, are subject to the legislative power of Congress under the Constitution.

.

402.

Conforming amendments

The Federal Water Pollution Control Act (33 U.S.C. 1251 et seq.) is amended—

(1)

by striking navigable waters of the United States each place it appears and inserting waters of the United States;

(2)

in section 304(l)(1) by striking navigable waters in the heading and inserting waters of the united states; and

(3)

by striking navigable waters each place it appears and inserting waters of the United States.

V

Toxic Substances

501.

Mercury reduction grants

Section 118(c) of the Federal Water Pollution Control Act (33 U.S.C. 1268(c)) is amended by adding at the end the following:

(14)

Mercury reduction grants

(A)

In general

The Program Office shall provide grants to Great Lakes States and Indian tribes in Great Lakes States to carry out projects to reduce the quantity of mercury in the Great Lakes.

(B)

Application

Each Great Lake State or Indian tribe that seeks a grant under this paragraph shall submit an application to the Program Office at such time, in such manner, and accompanied by or containing any information that the Program Office may require.

(C)

Authorization of appropriations

There is authorized to be appropriated to carry out this paragraph $10,000,000 for each of fiscal years 2010 through 2014.

.

VI

Indicators and Information

A

Research program

601.

Research reauthorizations

Section 118 of the Federal Water Pollution Control Act (33 U.S.C. 1268) is amended by—

(1)

in subsection (d) by striking paragraph (2) and redesignating paragraphs (3) through (7) as paragraphs (2) through (6), respectively.

(2)

by striking subsection (e) and inserting the following:

(e)

Research and management coordination

(1)

Joint plan

(A)

In general

Not later than September 30 of each year, the Program Office, the Research Office, and the Great Lakes Science Center shall prepare and submit to the Executive Committee of the Regional Collaboration a joint research plan for the fiscal year that begins in the following calendar year.

(B)

Collaboration

The Program Office, the Research Office, and the Great Lakes Science Center shall consult with other appropriate Federal agencies, academic institutions, State agencies, and other groups conducting Great Lakes research and monitoring when preparing its joint research plan.

(C)

Submission to Congress

The President shall include the plan described in subparagraph (A) in the annual budget of the United States Government submitted to Congress by the President.

(2)

Contents of plan

Each plan prepared under paragraph (1) shall—

(A)

identify all proposed research dedicated to activities carried out under the Great Lakes Water Quality Agreement and any other applicable agreements and amendments;

(B)

include the assessment of the Regional Collaboration of priorities for research needed to fulfill the terms of those agreements; and

(C)

identify all proposed research that may be used to develop a comprehensive environmental database for the Great Lakes System and establish priorities for development of the database.

.

602.

Great Lakes Environmental Research Laboratory

Section 118 of the Federal Water Pollution Control Act (33 U.S.C. 1268) is amended—

(1)

in subsection (d)(6) by striking priority issues and all that follows and inserting are consistent with the joint research plan; and

(2)

by striking subsection (h) and inserting the following:

(h)

Authorization of appropriations

There is authorized to be appropriated to carry out this section $55,000,000 for each of fiscal years 2010 through 2014, of which, for each fiscal year—

(1)

$40,000,000 shall be made available to the program Office; and

(2)

$15,000,000 shall be made available to the Great Lakes Environmental Research Laboratory.

.

603.

Great Lakes Science Center

There is authorized to be appropriated to the Director of the United States Geological Survey, for use by the Great Lakes Science Center, to carry out research activities that advance scientific knowledge and provide scientific information for restoring, enhancing, managing, and protecting the living marine resources and habitats in the Great Lakes basin ecosystem $25,000,000 for each of fiscal years 2010 through 2014.

604.

Center for sponsored coastal ocean research

There is authorized to be appropriated to the Director of the National Oceanic and Atmospheric Administration’s Center for Sponsored Coastal Ocean Research, for use by the Center, to carry out a program to award grants to academic institutions, State agencies, and other appropriate groups to carry out activities consistent with the Joint Research Plan developed under subsection (e) of section 1268 of title 33, United States Code, that advances scientific knowledge and provides scientific information for restoring, enhancing, managing, and protecting the living marine resources and habitats in the Great Lakes basin ecosystem $25,000,000 for each of fiscal years 2010 through 2014.

B

Ocean and coastal observation system

611.

Definitions

In this Act:

(1)

Council

The term Council means the National Ocean Research Leadership Council.

(2)

Great Lake

The term Great Lake means—

(A)

Lake Erie;

(B)

Lake Huron (including Lake Saint Clair);

(C)

Lake Michigan;

(D)

Lake Ontario;

(E)

Lake Superior; and

(F)

the connecting channels of those Lakes, including—

(i)

the Saint Mary's River;

(ii)

the Saint Clair River;

(iii)

the Detroit River;

(iv)

the Niagara River; and

(v)

the Saint Lawrence River to the Canadian border.

(3)

Observing system

The term observing system means the integrated coastal, ocean, and Great Lakes observing system to be established by the Committee under section 612(a).

(4)

Interagency program office

The term interagency program office means the office established under section 612(d).

612.

Integrated ocean and coastal observing system

(a)

Establishment

(1)

In general

The President, acting through the Council, shall establish and maintain an integrated system of ocean and coastal observations, data communication and management, analysis, modeling, research, education, and outreach designed to provide data and information for the timely detection and prediction of changes occurring in the ocean, coastal, and Great Lakes environment that impact the social, economic, and ecological systems of the United States.

(2)

Purposes

The observing system shall provide for long-term, continuous, and quality-controlled observations of the coasts, oceans, and Great Lakes so as to—

(A)

improve the health of the coasts, oceans, and Great Lakes of the United States;

(B)

protect human lives and livelihoods from hazards, including tsunamis, hurricanes, coastal erosion, and fluctuating Great Lakes water levels;

(C)

understand the effects of human activities and natural variability on the state of the coasts, oceans, and Great Lakes and the socioeconomic well-being of the United States;

(D)

provide for the sustainable use, protection, and enjoyment of ocean, coastal, and Great Lakes resources;

(E)

provide information that can support the eventual implementation and refinement of ecosystem-based management;

(F)

supply critical information to marine-related businesses, including aquaculture and fisheries; and

(G)

support research and development to—

(i)

ensure continuous improvement to ocean, coastal, and Great Lakes observation measurements; and

(ii)

enhance understanding of the ocean, coastal, and Great Lakes resources of the United States.

(b)

System Elements

To carry out the purposes of this subtitle, the observing system shall consist of—

(1)

a national program to fulfill national observation priorities, including the ocean contribution of the United States to the Global Earth Observation System of Systems and the Global Ocean Observing System;

(2)

a network of regional associations to manage the regional ocean and coastal observing and information programs that collect, measure, and disseminate data and information products to meet regional needs;

(3)

a data management and dissemination system for the timely integration and dissemination of data and information products from the national and regional systems;

(4)

a research and development program conducted under the guidance of the Council; and

(5)

an outreach, education, and training program that augments existing programs, including the National Sea Grant College Program, the Centers for Ocean Sciences Education Excellence program, and the National Estuarine Research Reserve System, to ensure the use of the data and information for—

(A)

improving public education and awareness of the oceans of the United States; and

(B)

building the technical expertise required to operate and improve the observing system.

(c)

Council Functions

In carrying out this section, the Council shall—

(1)

serve as the oversight body for the design and implementation of all aspects of the observing system;

(2)

adopt plans, budgets, and standards that are developed and maintained by the interagency program office in consultation with the regional associations;

(3)

coordinate the observing system with other earth observing activities, including the Global Ocean Observing System and the Global Earth Observing System of Systems;

(4)

coordinate and administer programs of research, development, education, and outreach to—

(A)

support improvements to, and the operation of, an integrated ocean and coastal observing system; and

(B)

advance the understanding of the oceans;

(5)

establish pilot projects to develop technology and methods for advancing the development of the observing system;

(6)

provide, as appropriate, support for and representation on United States delegations to international meetings on ocean and coastal observing programs; and

(7)

in consultation with the Secretary of State, coordinate relevant Federal activities with those of other nations.

(d)

Interagency Program Office

(1)

In general

The Council shall establish an interagency program office to be known as OceanUS.

(2)

Responsibilities

The interagency program office shall be responsible for program planning and coordination of the observing system.

(3)

Requirements

The interagency program office shall—

(A)

prepare annual and long-term plans for consideration by the Council for the design and implementation of the observing system that promote collaboration among Federal agencies and regional associations in developing the global and national observing systems, including identification and refinement of a core set of variables to be measured by all systems;

(B)

coordinate the development of agency priorities and budgets for implementation of the observing system, including budgets for the regional associations;

(C)

establish and refine standards and protocols for data management and communications, including quality standards, in consultation with participating Federal agencies and regional associations;

(D)

develop a process for the certification and periodic review and recertification of the regional associations;

(E)

establish an external technical committee to provide biennial review of the observing system; and

(F)

provide for opportunities to partner or contract with private sector companies in deploying ocean observation system elements.

(e)

Lead Federal agency

(1)

In general

The National Oceanic and Atmospheric Administration shall be the lead Federal agency for implementation and operation of the observing system.

(2)

Requirements

Based on the plans prepared by the interagency program office and adopted by the Council, the Administrator of the National Oceanic and Atmospheric Administration shall—

(A)

coordinate implementation, operation, and improvement of the observing system;

(B)

establish efficient and effective administrative procedures for allocation of funds among Federal agencies and regional associations in a timely manner and according to the budget adopted by the Council;

(C)

implement and maintain appropriate elements of the observing system;

(D)

provide for the migration of scientific and technological advances from research and development to operational deployment;

(E)

integrate and extend existing programs and pilot projects into the operational observation system;

(F)

certify regional associations that meet the requirements of subsection (f); and

(G)

integrate the capabilities of the National Coastal Data Development Center and the Coastal Services Center of the National Oceanic and Atmospheric Administration, and other appropriate centers, into the observing system to assimilate, manage, disseminate, and archive data from regional observation systems and other observation systems.

(f)

Regional Associations of Ocean and Coastal Observing Systems

(1)

In general

The Administrator of the National Oceanic and Atmospheric Administration may certify 1 or more regional associations to be responsible for the development and operation of regional ocean and coastal observing systems to meet the information needs of user groups in the region while adhering to national standards.

(2)

Requirements

To be certifiable by the Administrator, a regional association shall—

(A)

demonstrate an organizational structure capable of supporting and integrating all aspects of ocean and coastal observing and information programs within a region;

(B)

operate under a strategic operations and business plan that details the operation and support of regional ocean and coastal observing systems in accordance with the standards established by the Council;

(C)

provide information products for multiple users in the region;

(D)

work with governmental entities and programs at all levels within the region to provide timely warnings and outreach to protect the public; and

(E)

meet certification standards developed by the interagency program office in conjunction with the regional associations and approved by the Council.

(g)

Prohibition on lobbying

Nothing in this Act authorizes a regional association to engage in lobbying activities (as defined in section 3 of the Lobbying Disclosure Act of 1995 (2 U.S.C. 1602)).

(h)

Civil Liability

For purposes of section 1346(b)(1) and chapter 171 of title 28, United States Code, the Suits in Admiralty Act (46 U.S.C. App. 741 et seq.), and the Public Vessels Act (46 U.S.C. App. 781 et seq.)—

(1)

any regional ocean and coastal observing system that is a designated part of a regional association certified under this section shall, in carrying out the purposes of this Act, be considered to be part of the National Oceanic and Atmospheric Administration; and

(2)

any employee of that system, while acting within the scope of the employment of the employee, carrying out those purposes, shall be considered to be an employee of the Government.

613.

Research, development, and education

The Council shall establish programs for research, development, education, and outreach for the ocean and coastal observing system, including projects under the National Oceanographic Partnership Program, consisting of—

(1)

basic research to advance knowledge of ocean and coastal systems and ensure continued improvement of operational products, including related infrastructure and observing technology;

(2)

focused research projects to improve understanding of the relationship between the coasts and oceans and human activities;

(3)

large-scale computing resources and research to advance modeling of ocean and coastal processes; and

(4)

a coordinated effort to build public education and awareness of the ocean and coastal environment and functions that integrates ongoing activities, including the National Sea Grant College Program, the Centers for Ocean Sciences Education Excellence, and the National Estuarine Research Reserve System.

614.

Interagency financing

(a)

In general

The departments and agencies represented on the Council may participate in interagency financing and share, transfer, receive, obligate, and expend funds appropriated to any member of the Council to carry out any administrative or programmatic project or activity under this Act or under the National Oceanographic Partnership Program, including support for the interagency program office, a common infrastructure, and system integration for a ocean and coastal observing system.

(b)

Transfer of funds

Funds may be transferred among the departments and agencies described in subsection (a) through an appropriate instrument that specifies the goods, services, or space being acquired from another Council member and the costs of the same.

615.

Application with Outer Continental Shelf Lands Act

Nothing in this title supersedes or limits the authority of the Secretary of the Interior under the Outer Continental Shelf Lands Act (43 U.S.C. 1331 et seq.).

616.

Authorization of appropriations

(a)

In general

There is authorized to be appropriated to the National Oceanic and Atmospheric Administration to carry out the observing system under section 612 and the research and development program under section 613 (including financial assistance to the interagency program office, the regional associations for the implementation of regional ocean and coastal observing systems, and the departments and agencies represented on the Council) $150,000,000 for each of fiscal years 2010 through 2014, to remain available until expended.

(b)

Allocation of funds

At least 50 percent of the funds appropriated to carry out the observing system under section 612 shall be allocated to the regional associations certified under section 612(f) to carry out regional ocean and coastal observing systems.

617.

Reporting requirement

(a)

In general

Not later than March 31, 2012, the President, acting through the Council, shall submit to Congress a report on the programs established under sections 612 and 613.

(b)

Requirements

The report shall include—

(1)

a description of activities carried out under the programs;

(2)

an evaluation of the effectiveness of the programs; and

(3)

recommendations concerning reauthorization of the programs and funding levels for the programs in succeeding fiscal years.

C

Great lakes water quality indicators and monitoring

621.

Great Lakes water quality indicators and monitoring

Section 118(c)(1) of the Federal Water Pollution Control Act (33 U.S.C. 1268(c)(1)) is amended by striking subparagraph (B) and inserting the following:

(B)
(i)

not later than 2 years after the date of enactment of this clause, in cooperation with Canada and appropriate Federal agencies (including the United States Geological Survey, the National Oceanic and Atmospheric Administration, and the United States Fish and Wildlife Service), develop and implement a set of science-based indicators of water quality and related environmental factors in the Great Lakes, including, at a minimum, measures of toxic pollutants that have accumulated in the Great Lakes for a substantial period of time, as determined by the Program Office;

(ii)

not later than 4 years after the date of enactment of this clause—

(I)

establish a Federal network for the regular monitoring of, and collection of data throughout, the Great Lakes basin with respect to the indicators described in clause (i); and

(II)

collect an initial set of benchmark data from the network; and

(iii)

not later than 2 years after the date of collection of the data described in clause (ii)(II), and biennially thereafter, in addition to the report required under paragraph (10), submit to Congress, and make available to the public, a report that—

(I)

describes the water quality and related environmental factors of the Great Lakes (including any changes in those factors), as determined through the regular monitoring of indicators under clause (ii)(I) for the period covered by the report; and

(II)

identifies any emerging problems in the water quality or related environmental factors of the Great Lakes;

.

VII

Sustainable Development

701.

Waterfront restoration and remediation projects

(a)

Definitions

In this section:

(1)

Related area

The term related area means land—

(A)

located adjacent to, or in close proximity of, a waterfront area; and

(B)

that impacts or influences a waterfront area or an aquatic habitat.

(2)

Secretary

The term Secretary means the Secretary of Commerce, acting through the Under Secretary for Oceans and Atmosphere.

(3)

Waterfront area

The term waterfront area means a site located adjacent to a lake, river, stream, wetland, or floodplain of the United States.

(b)

Application

An individual or entity that seeks to receive assistance under this section shall submit to the Secretary an application for the assistance in such form, by such time, and containing such information as the Secretary may require.

(c)

Justification and purpose

(1)

Justification

The Secretary may provide assistance to eligible recipients in financing a restoration or remediation project only if the Secretary finds that the proposed project addresses concerns relating to—

(A)

public health;

(B)

public safety;

(C)

environmental improvements; or

(D)

economic improvements.

(2)

Purpose

An eligible recipient of assistance may use assistance made available under this section to complete a restoration or remediation project for the purpose of—

(A)

improving the surrounding ecosystem; or

(B)

preparing land for redevelopment by Federal, State, or local agencies, or private entities.

(d)

Cost sharing

(1)

General assistance

(A)

In general

Except as otherwise provided in this subsection, the Federal share of the cost of carrying out a restoration or remediation project under this section shall not exceed 65 percent, as determined by the Secretary.

(B)

Innovative technology

The Federal share of the cost of carrying out a restoration or remediation project under this section that involves conducting a pilot project to test a demonstration or innovative technology shall not exceed 85 percent, as determined by the Secretary.

(2)

Operation and maintenance

The non-Federal share of operation and maintenance costs for a restoration or remediation project under this section shall be 100 percent.

(3)

Credit for work-in-kind considerations

In determining the amount of a contribution made by a non-Federal interest under this section, the non-Federal interest shall receive credit equal to 100 percent of the value of any land, easements, rights-of-way, and relocations, and the reasonable cost of services, studies, and supplies, contributed toward the non-Federal share of project costs.

(4)

Liability of Federal Government

The eligible recipient shall hold the United States harmless from any claim or damage that may arise from carrying out the restoration or remediation project under this section, except any claim or damage that may arise from the negligence of the Federal Government or a contractor of the Federal Government.

(e)

Funding limitation per project

Of the funds provided under this section, not more than $5,000,000 may be allocated for an individual restoration or rehabilitation project.

702.

Authority of Secretary to restore and remediate waterfront and related areas

The Secretary, in consultation with appropriate Federal, State, and local agencies, is authorized to restore and remediate waterfront and related areas, including site characterization, planning, design, construction, and monitoring.

703.

Authorization of appropriations

There is authorized to be appropriated to the Secretary to carry out this title $50,000,000 for fiscal years 2010 through 2014.

VIII

Coordination and Oversight

801.

Definitions

In this title:

(1)

Collaboration

The term Collaboration means the Great Lakes Regional Collaboration established by section 804(a).

(2)

Executive Committee

The term Executive Committee means the Great Lakes Regional Collaboration Executive Committee established by section 803(a).

(3)

Executive Order

The term Executive Order means Executive Order 13340 (33 U.S.C. 1268 note; relating to establishment of Great Lakes Interagency Task Force and promotion of regional collaboration of national significance for Great Lakes).

(4)

Great Lake

The term Great Lake means—

(A)

Lake Erie;

(B)

Lake Huron (including Lake Saint Clair);

(C)

Lake Michigan;

(D)

Lake Ontario;

(E)

Lake Superior; and

(F)

the connecting channels of those Lakes, including—

(i)

the Saint Mary's River;

(ii)

the Saint Clair River;

(iii)

the Detroit River;

(iv)

the Niagara River; and

(v)

the Saint Lawrence River to the Canadian border.

(5)

Great Lakes city

The term Great Lakes city means a city located in the watershed basin of a Great Lake.

(6)

Great lakes tribe

The term Great Lakes Tribe means any Indian tribe, band, village, nation, or other organized group or community in the watershed basin of a Great Lake that is recognized by the Bureau of Indian Affairs as eligible for the special programs and services provided by the United States to Indians because of their status as Indians.

(7)

Saint Lawrence city

The term Saint Lawrence city means a city located in the watershed basin of the Saint Lawrence River.

(8)

Task force

The term Task Force means the Great Lakes Interagency Task Force established by section 802(a).

802.

Great Lakes Interagency Task Force

(a)

Interagency coordination

The Great Lakes Interagency Task Force, as established by the Executive Order for administrative purposes, is established as a task force within the Environmental Protection Agency.

(b)

Duties

In addition to the duties described in the Executive Order, the Task Force shall—

(1)

ensure that implementation of programs and projects under the authority of the Task Force members is coordinated, effective, and cost-efficient;

(2)

work in cooperation with Federal agencies on the development of budgets and financial plans regarding the Great Lakes for inclusion in annual submissions by the President to Congress of the budget of the United States; and

(3)

submit to Congress a biennial report that describes the projects and activities carried out by the Collaboration during the 2-year period covered by the report, including a description of—

(A)

any actions that Federal agencies can take to address the biennial restoration goals;

(B)

Federal expenditures to meet the restoration goals; and

(C)

the indicators and monitoring used to determine whether the goals will be met.

803.

Executive Committee

(a)

In general

There is established a Great Lakes Regional Collaboration Executive Committee.

(b)

Composition

The Executive Committee shall be composed of—

(1)

the Chairperson of the Task Force;

(2)

a representative of the Governors of the Great Lakes States, as agreed upon by the Governors;

(3)

a representative of the Great Lakes cities and Saint Lawrence cities, as agreed upon by the majority of mayors of those cities; and

(4)

a designated representative for the Great Lakes Tribes, as agreed upon by those Tribes.

(c)

Duties

The Executive Committee shall—

(1)

hold semiannual meetings to discuss Great Lakes restoration goals and progress;

(2)

establish a process to receive input from interested parties with respect to proposed recommendations of the Executive Committee for restoration of the Great Lakes; and

(3)

submit to Congress and the Task Force a biennial report that includes—

(A)

an analysis of progress in carrying out restoration of the Great Lakes, including meeting the goals and recommendations in the restoration and protection strategy developed by the Great Lakes Regional Collaboration and this Act; and

(B)

recommendations on future priorities and actions with respect to that restoration.

(d)

Subcommittees

The members of the Executive Committee may designate representatives to work as 1 or more subcommittees to provide staff support and otherwise assist in carrying out responsibilities of the Executive Committee relating to the Collaboration.

804.

Great Lakes Regional Collaboration

(a)

In general

There is established the Great Lakes Regional Collaboration.

(b)

Composition

The Collaboration shall be composed of—

(1)

the members of the Executive Committee; and

(2)

each other individual and entity that notifies the Executive Committee of the desire and intent of the individual or entity to participate in the Collaboration.

(c)

Duties

The Collaboration shall—

(1)

develop a restoration and protection strategy to provide information for use in future Great Lakes program implementation and funding decisions;

(2)

serve as a forum for addressing near-term regional issues relating to ecosystem restoration and protection of the Great Lakes; and

(3)

establish an oversight forum to coordinate and enhance implementation of Great Lakes programs.