[Congressional Bills 110th Congress]
[From the U.S. Government Printing Office]
[S. 791 Introduced in Senate (IS)]
110th CONGRESS
1st Session
S. 791
To establish a collaborative program to protect the Great Lakes, and
for other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
March 7, 2007
Mr. Levin (for himself, Mr. Voinovich, Ms. Stabenow, Mr. Schumer, Mr.
Coleman, Mrs. Clinton, and Mr. Obama) introduced the following bill;
which was read twice and referred to the Committee on Environment and
Public Works
_______________________________________________________________________
A BILL
To establish a collaborative program to protect the Great Lakes, and
for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``Great Lakes
Collaboration Implementation Act of 2007''.
(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
Subtitle A--Aquatic Invasive Species
Part I--General Provisions
Sec. 101. Short title.
Sec. 102. Findings.
Sec. 103. Definitions.
Part II--Prevention of Introduction of Aquatic Invasive Species Into
Waters of the United States by Vessels
Sec. 111. Prevention of introduction of aquatic invasive species into
waters of the United States by vessels.
Sec. 112. Armed Services Whole Vessel Management Program.
Part III--Prevention of Introduction of Aquatic Invasive Species by
Other Pathways
Sec. 121. Priority Pathway Management Program.
Sec. 122. Screening process for planned importations of live aquatic
organisms.
Part IV--Early Detection; Rapid Response; Control and Outreach
Sec. 131. Early detection.
Sec. 132. Rapid response.
Sec. 133. Environmental soundness.
Sec. 134. Information, education, and outreach.
Part V--Aquatic Invasive Species Research
Sec. 141. Ecological, pathway, and experimental research.
Sec. 142. Analysis.
Sec. 143. Vessel pathway standards research.
Sec. 144. Graduate education in systematics and taxonomy.
Part VI--Coordination
Sec. 151. Program coordination.
Sec. 152. International coordination.
Part VII--Authorization of Appropriations
Sec. 155. Authorization of appropriations.
Part VIII--Conforming Amendments
Sec. 161. Conforming amendments.
Subtitle B--Asian Carp Prevention and Control
Sec. 171. Addition of species of carp to the list of injurious species
that are prohibited from being imported or
shipped.
Sec. 172. Dispersal barriers.
Subtitle C--National Invasive Species Council
Sec. 181. Definitions.
Sec. 182. Limitation on Federal actions.
Sec. 183. National Invasive Species Council.
Sec. 184. Duties.
Sec. 185. National Invasive Species Management Plan.
Sec. 186. Invasive Species Advisory Committee.
Sec. 187. Budget analysis and summary.
Sec. 188. Existing executive order.
Sec. 189. 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--TOXIC SUBSTANCES
Sec. 401. Mercury reduction grants.
TITLE V--INDICATORS AND INFORMATION
Subtitle A--Research Program
Sec. 501. Research reauthorizations.
Sec. 502. Great Lakes Science Center.
Sec. 503. Center for Sponsor Coastal Ocean Research.
Sec. 504. Great Lakes Environmental Research Laboratory.
Subtitle B--Ocean and Coastal Observation System
Sec. 511. Definitions.
Sec. 512. Integrated ocean and coastal observing system.
Sec. 513. Research, development, and education.
Sec. 514. Interagency financing.
Sec. 515. Application with Outer Continental Shelf Lands Act.
Sec. 516. Authorization of appropriations.
Sec. 517. Reporting requirement.
Subtitle C--Great Lakes Water Quality Indicators and Monitoring
Sec. 521. Great Lakes water quality indicators and monitoring.
TITLE VI--SUSTAINABLE DEVELOPMENT
Sec. 601. Waterfront restoration and remediation projects.
Sec. 602. Authority of Secretary to restore and remediate waterfront
and related areas.
Sec. 603. Authorization of appropriations.
TITLE VII--COORDINATION AND OVERSIGHT
Sec. 701. Definitions.
Sec. 702. Great Lakes Interagency Task Force.
Sec. 703. Executive Committee.
Sec. 704. Great Lakes Regional Collaboration.
SEC. 2. FINDINGS.
Congress finds that--
(1) the Great Lakes, containing approximately 20 percent of
the Earth's fresh surface water, are a treasure of global
significance;
(2) the Great Lakes provide drinking water for millions of
people, facilitate commerce, and provide recreational
opportunities for people from across the United States and
around the world;
(3) renewed efforts and investments are critical to aid in
meeting the goals and objectives of the Great Lakes Water
Quality Agreement between the United States and Canada;
(4) 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 ecologic
catastrophe;
(B) the primary stressors straining the health of
the Great Lakes are--
(i) toxic chemicals;
(ii) 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;
(5) as a result of the stressors described in paragraph
(4)(B)--
(A) over 1,800 beaches were closed in 2003;
(B) Lake Erie has developed a 6,300 square mile
dead zone that forms every summer;
(C) zebra mussels, an aquatic invasive species,
cause $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;
(6) 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;
(7) 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;
(8) 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;
(9) 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;
(10) the recommendations of the Great Lakes Regional
Collaboration, which was released on December 12, 2005,
identify actions to address the issues affecting the Great Lake
basin on the Federal, State, local, and tribal level; and
(11) comprehensive restoration must be adaptive, and
ongoing efforts will be required to continually implement the
recommendations of the Great Lakes Regional Collaboration as
the recommendations relate to buffers, river restoration,
wetlands, emerging toxic pollutants, and other issues affecting
the Great Lakes basin.
SEC. 3. 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) Administrator.--The term ``Administrator'' means the
Administrator of the Environmental Protection Agency.
(3) 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.
(4) Ballast water.--The term ``ballast water'' means any
water (with its suspended matter) used to maintain the trim and
stability of a vessel.
(5) Invasion.--The term ``invasion'' means the introduction
and establishment of an invasive species into an ecosystem
beyond the historic range of the invasive species.
(6) 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.
(7) 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; relating to
invasive species).
(8) Pathway.--The term ``pathway'' means 1 or more routes
by which an invasive species is transferred from 1 ecosystem to
another.
(9) Species.--The term ``species'' means any fundamental
category of taxonomic classification or any viable biological
material ranking below a genus or subgenus.
(10) 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)).
(11) 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
(including a regulation) for a particular application.
TITLE I--INVASIVE SPECIES
Subtitle A--Aquatic Invasive Species
PART I--GENERAL PROVISIONS
SEC. 101. SHORT TITLE.
This subtitle may be cited as the ``National Aquatic Invasive
Species Act of 2007''.
SEC. 102. FINDINGS.
Congress finds that--
(1) aquatic invasive species are second only to habitat
destruction as a cause of permanent losses in biological
diversity of aquatic ecosystems of the United States;
(2) aquatic invasive species continue to be introduced into
waters of the United States at an unacceptable rate;
(3) aquatic invasive species damage infrastructure, disrupt
commerce, out compete native species, reduce biodiversity, and
threaten human health;
(4) the direct and indirect costs of aquatic invasive
species to the economy of the United States amount to billions
of dollars per year;
(5) in the Great Lakes region, approximately $3,000,000,000
has been spent in the past 10 years to mitigate the damage
caused by a single invasive species, the zebra mussel;
(6) wetlands suffer compound impacts from--
(A) aquatic infestations (such as Hydrilla); and
(B) riparian infestations (such as Purple
Loosestrife);
(7) prevention of aquatic invasive species is the most
environmentally sound and cost-effective management approach
because once established, aquatic invasive species are costly,
and sometimes impossible to control;
(8) to be effective, the prevention, early detection, and
control of and rapid response to aquatic invasive species
should be coordinated regionally, nationally, and
internationally;
(9) pathway management is the most promising approach to
reducing unplanned introductions of aquatic invasive species;
(10) consistent national screening criteria are needed to
evaluate the potential risk of nonindigenous aquatic species;
(11) States and regions have--
(A) unique vulnerabilities with respect to aquatic
invasive species; and
(B) unique means for addressing aquatic invasive
species;
(12) to accurately identify and manage high risk pathways,
it is essential to carry out a comprehensive research program
that--
(A) monitors pathways and ecosystems to detect the
establishment and spread of invasive species;
(B) develops and demonstrates effective methods for
the management and control of invasive species; and
(C) monitors the success of efforts to prevent and
control invasive species; and
(13) it is in the interest of the United States to--
(A) carry out a comprehensive and thorough program
to research, prevent, manage, and control the
introduction of aquatic species that may become
invasive; and
(B) to the maximum extent practicable, coordinate
the program described in subparagraph (A) with
neighboring nations and other programs being carried
out globally.
SEC. 103. DEFINITIONS.
Section 1003 of the Nonindigenous Aquatic Nuisance Prevention and
Control Act of 1990 (16 U.S.C. 4702) is amended to read as follows:
``SEC. 1003. DEFINITIONS.
``In this Act:
``(1) Administrator.--The term `Administrator' means the
Administrator of the Environmental Protection Agency.
``(2) Aquatic ecosystem.--The term `aquatic ecosystem'
means a freshwater, marine, or estuarine environment (including
inland waters and wetlands), located wholly in the United
States.
``(3) Aquatic organism.--
``(A) In general.--The term `aquatic organism'
means a living animal, plant, fungus, or microorganism
inhabiting or reproducing in an aquatic ecosystem.
``(B) Inclusions.--The term `aquatic organism'
includes--
``(i) seeds;
``(ii) eggs;
``(iii) spores; and
``(iv) any other viable biological
material.
``(4) Assistant secretary.--The term `Assistant Secretary'
means the Assistant Secretary of the Army for Civil Works.
``(5) Ballast water.--
``(A) In general.--The term `ballast water' means--
``(i) any water (including matter suspended
in the water) taken on board a vessel to
control trim, list, draught, stability, or
stress of the vessel; and
``(ii) any water placed into a ballast tank
during cleaning, maintenance, or any other
operation.
``(B) Exclusion.--The term `ballast water' does not
include water that, at the time of discharge of the
water--
``(i) does not contain any aquatic invasive
species that was taken on board a vessel; and
``(ii) was used for a purpose described in
subparagraph (A)(i).
``(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, 2009.
``(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, 2007.
``(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, 2010.
``(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.''.
PART II--PREVENTION OF INTRODUCTION OF AQUATIC INVASIVE SPECIES INTO
WATERS OF THE UNITED STATES BY VESSELS
SEC. 111. PREVENTION OF INTRODUCTION OF AQUATIC INVASIVE SPECIES INTO
WATERS OF THE UNITED STATES BY VESSELS.
(a) In General.--Section 1101 of the Nonindigenous Aquatic Nuisance
Prevention and Control Act of 1990 (16 U.S.C. 4711) is amended to read
as follows:
``SEC. 1101. PREVENTION OF INTRODUCTION OF AQUATIC INVASIVE SPECIES
INTO WATERS OF THE UNITED STATES BY VESSELS.
``(a) Requirements for Vessels Operating in Waters of the United
States.--
``(1) Invasive species management plan.--
``(A) In general.--Effective beginning on the date
that is 180 days after the issuance of guidelines
pursuant to subparagraph (D) and promulgation of any
regulations under this section, each vessel that is
designed, constructed, or adapted 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, with the goal of elimination,
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 National Aquatic Invasive
Species Act of 2007, the Secretary shall issue final
guidelines for the development of invasive species
management plans, including guidelines that--
``(i) identify types of vessels for which
plans are required;
``(ii) establish processes for updating and
revising the plans; and
``(iii) establish criteria for compliance
with this subsection.
``(2) Records.--The master of a vessel shall--
``(A) maintain records of all ballast operations,
for such period of time and including such information
as the Secretary may specify;
``(B) permit inspection of the records by
representatives of the Secretary and of the State in
which the port is located; and
``(C) transmit records to the National Ballast
Information Clearinghouse established under section
1102(f).
``(3) Best management practices.--
``(A) In general.--Not later than 18 months after
the date of enactment of the National Aquatic Invasive
Species Act of 2007, the Secretary shall issue
guidelines on best management practices to minimize,
with the goal of elimination, 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.--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 National Aquatic Invasive Species Act of
2007, 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, with the goal of elimination, 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 ballast water exchange
regulations promulgated pursuant to paragraph (1)--
``(A) shall apply only to existing vessels;
``(B) shall expire not later than December 31,
2011; 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 beginning on January 1, 2012, 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 performance treatment available.--
``(i) In general.--Not later than December
31, 2010, the Secretary, in consultation with
the Administrator, based on technology
assessments implemented before July 31, 2010,
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 ensure consistency with the
best performance treatment available among
treatment systems assessed that meet, at a
minimum, the applicable ballast water 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
National Aquatic Invasive Species Act of 2007,
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 paragraph (1),
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 (3) 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-board 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.--The Secretary and the
Administrator shall submit to Congress a report on the
need for short-term emergency exceptions to the
environmental soundness criteria promulgated under
subparagraph (A).
``(c) Great Lakes Program.--
``(1) Regulations.--
``(A) In general.--Until such time as regulations
are promulgated to implement the amendments made by the
National Aquatic Invasive Species Act of 2007,
regulations promulgated to carry out this Act shall
remain in effect until revised or replaced pursuant to
the National Aquatic Invasive Species Act of 2007.
``(B) No ballast on board.--Not later than 180 days
after the date of enactment of the National Aquatic
Invasive Species Act of 2007, 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 National
Aquatic Invasive Species Act of 2007, 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 National
Aquatic Invasive Species Act of 2007, 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 National Aquatic Invasive Species Act of 2007,
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 National Aquatic Invasive
Species Act of 2007, and every 3 years thereafter, the Task
Force shall submit to the Secretary criteria for determining
the adequacy and effectiveness of all regulations promulgated
under this section.
``(e) Sanctions.--
``(1) Civil penalties.--
``(A) In general.--Any person that violates a
regulation promulgated under this section shall be
liable for a civil penalty in an amount not to exceed
$50,000.
``(B) Separate violations.--Each day of a
continuing violation constitutes a separate violation.
``(C) Liability of vessels.--A vessel operated in
violation of a regulation promulgated under this Act
shall be liable in rem for any civil penalty assessed
under this subsection for that violation.
``(2) Criminal penalties.--Any person that knowingly
violates the regulations promulgated under subsection (b) is
guilty of a class C felony.
``(3) Revocation of clearance.--On request of the
Secretary, the Secretary of the Treasury shall withhold or
revoke the clearance of a vessel required by section 4197 of
the Revised Statutes (46 U.S.C. App. 91), if the owner or
operator of that vessel is in violation of the regulations
promulgated under subsection (b).
``(4) Exception to sanctions.--This subsection does not
apply to a failure to exchange ballast water if--
``(A) the master of a vessel, acting in good faith,
decides that the exchange of ballast water will
threaten the safety or stability of the vessel or the
crew or passengers of the vessel; and
``(B) the vessel complies with--
``(i) recordkeeping requirements of this
Act;
``(ii) contingency requirements of section
1211; and
``(iii) reporting requirements of this Act.
``(f) Coordination With Other Agencies.--The Secretary is
encouraged to use (with consent) the expertise, facilities, members, or
personnel of, appropriate Federal and State agencies and organizations
that have routine contact with vessels, as determined by the Secretary.
``(g) Consultation With Canada, Mexico, and Other Foreign
Governments.--In developing the guidelines issued and regulations
promulgated under this section, the Secretary is encouraged to consult
with the Government of Canada, the Government of Mexico, and any other
government of a foreign country that the Secretary, in consultation
with the Task Force, determines to be necessary to develop and
implement an effective international program for preventing the
unintentional introduction and spread of nonindigenous species.
``(h) Safety Exemption.--
``(1) Master discretion.--The Master of a vessel is not
required to conduct a ballast water exchange if the Master
determines that the exchange would threaten the safety or
stability of the vessel, or the crew or passengers of the
vessel, because of adverse weather, vessel architectural
design, equipment failure, or any other extraordinary
conditions.
``(2) Other requirements.--A vessel that does not exchange
ballast water on the high seas under paragraph (1) shall not
discharge ballast water in any harbor, except in accordance
with a contingency strategy approved by the Secretary (and
included in the invasive species management plan of the vessel)
to reduce the risk of organism transfer by the discharge (using
the best practicable technology and practices pursuant to
regulations promulgated under subsection (b)(1)).
``(i) Non-Discrimination.--The Secretary shall ensure that vessels
registered outside of the United States do not receive more favorable
treatment than vessels registered in the United States in any case in
which the Secretary performs studies, reviews compliance, determines
effectiveness, establishes requirements, or performs any other
responsibilities under this Act.
``(j) Effect on Other Law.--Nothing in this section or any
regulation promulgated under this section supersedes or otherwise
affects any requirement or prohibition relating to the discharge of
ballast water under the Federal Water Pollution Control Act (33 U.S.C.
1251 et seq.).''.
(b) Conforming Amendments.--
(1) Section 1102(c)(1) of the Nonindigenous Aquatic
Nuisance Prevention and Control Act of 1990 (16 U.S.C.
4712(c)(1)) is amended by striking ``issued under section
1101(b)'' and inserting ``promulgated under section 1101(e)''.
(2) Section 1102(f)(1)(B) of the Nonindigenous Aquatic
Nuisance Prevention and Control Act of 1990 (16 U.S.C.
4712(f)(1)(B)) is amended by striking ``guidelines issued
pursuant to section 1101(c)'' and inserting ``regulations
promulgated under section 1101(e)''.
SEC. 112. ARMED SERVICES WHOLE VESSEL MANAGEMENT PROGRAM.
Section 1103 of the Nonindigenous Aquatic Nuisance Prevention and
Control Act of 1990 (16 U.S.C. 4713) is amended--
(1) by striking the section heading and inserting the
following:
``SEC. 1103. ARMED SERVICES WHOLE VESSEL MANAGEMENT PROGRAM.'';
and
(2) in subsection (a)--
(A) by striking ``Subject to'' and inserting the
following:
``(1) Ballast water.--Subject to''; and
(B) by adding at the end the following:
``(2) Towed vessel management program.--
``(A) In general.--Subject to operational
conditions, the Secretary of Defense, in consultation
with the Secretary and the Task Force, shall implement
a towed vessel management program for Department of
Defense vessels to minimize the risk of introductions
of aquatic invasive species through hull and associated
hull aperture transfers by towed vessels.
``(B) Current ballast program.--Except as provided
in subparagraph (A), this Act does not affect the
ballast program for Department of Defense vessels in
effect on the date of enactment of the National Aquatic
Invasive Species Act of 2007.
``(3) Reports.--Not later than 3 years after the date of
enactment of the National Aquatic Invasive Species Act of 2007,
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.''.
PART III--PREVENTION OF INTRODUCTION OF AQUATIC INVASIVE SPECIES BY
OTHER PATHWAYS
SEC. 121. PRIORITY PATHWAY MANAGEMENT PROGRAM.
Subtitle C of title I of the Nonindigenous Aquatic Nuisance
Prevention and Control Act of 1990 (16 U.S.C. 4721 et seq.) is amended
by adding at the end the following:
``SEC. 1210. PRIORITY PATHWAY MANAGEMENT PROGRAM.
``(a) Identification of High Priority Pathways.--Not later than 2
years after the date of enactment of the National Aquatic Invasive
Species Act of 2007, and every 3 years thereafter, the Task Force, in
coordination with the National Invasive Species Council and in
consultation with representatives of States, industry, and other
interested parties, shall, based on pathway surveys conducted under
this title 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;
``(2) develop recommendations for management strategies for
those high-risk pathways;
``(3) include in the report to Congress required under
section 1201(f)(2)(B) a description of the identifications,
strategies, and recommendations based on research collected
under this title; and
``(4) identify invasive species not yet introduced into
waters of the United States that are likely to be introduced
into waters of the United States unless preventative measures
are taken.
``(b) Management of High Priority Pathways.--Not later than 3 years
after the date of enactment of the National Aquatic Invasive Species
Act of 2007, the Task Force or agencies of jurisdiction shall, to the
maximum extent practicable, implement the strategies described in
subsection (a)(2), considering appropriate periodic updates to the
strategies.''.
SEC. 122. SCREENING PROCESS FOR PLANNED IMPORTATIONS OF LIVE AQUATIC
ORGANISMS.
Subtitle B of the Nonindigenous Aquatic Nuisance Prevention and
Control Act of 1990 (16 U.S.C. 4711 et seq.) is amended by adding at
the end the following:
``SEC. 1105. SCREENING PROCESS FOR PLANNED IMPORTATIONS OF AQUATIC
ORGANISMS.
``(a) Purpose.--The purpose of the screening process under this
section is to prevent the introduction or establishment of aquatic
invasive species, including pathogens and parasites of the species, in
waters of the United States and contiguous waters of Canada and Mexico.
``(b) Catalog of Species in Trade.--Not later than 18 months after
the date of enactment of the National Aquatic Invasive Species Act of
2007, the Director of the United States Geological Survey, the
Administrator of the Animal and Plant Health Inspection Service, the
Director of the Smithsonian Environmental Research Center, and other
Federal agencies with jurisdiction over planned importations of live
organisms, shall--
``(1) develop and, as necessary, update a catalog of
species in trade; and
``(2) include the catalog in the information provided to
the public pursuant to section 1102(f).
``(c) Planned Importations.--Not later than 3 years after the date
of enactment of the National Aquatic Invasive Species Act of 2007, no
aquatic organism of a species that is not in trade shall be imported
into the United States without screening and approval in accordance
with this section.
``(d) Guidelines.--
``(1) In general.--Not later than 30 months after the date
of enactment of the National Aquatic Invasive Species Act of
2007, the National Invasive Species Council, in conjunction
with the Task Force and in consultation with affected regional
panels, States, Indian tribes, and other stakeholders, shall
promulgate guidelines for screening proposed planned
importations of aquatic organisms into the United States.
``(2) Content.--At a minimum, the guidelines under
paragraph (1) shall include guidelines relating to--
``(A) the minimum information requirements for
screening determinations under subsection (e);
``(B) a simplified notification procedure for any
additional shipment of organisms that may occur after
completion of an initial screening process and
determination under subsection (e);
``(C) application forms; and
``(D) shipping labels.
``(3) Factors for consideration.--In developing guidelines
under this section, the National Invasive Species Council and
the Task Force shall take into consideration--
``(A) the likelihood of the spread of the
applicable 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;
``(C) regional differences in the probability of
invasion and associated impacts;
``(D) the difficulty of controlling an established
population of an aquatic invasive species in the wild;
``(E) the profile established under section
1108(b);
``(F) any applicable best available science;
``(G) the potential benefits associated with the
species; and
``(H) the requirements of international law.
``(e) Screening.--
``(1) Evaluation.--
``(A) In general.--Not later than 180 days after
the date of publication of the guidelines under
subsection (d), each Federal agency with authority over
an importation into the United States of an aquatic
organism of a species that is not in trade, as
determined in accordance with the catalog under
subsection (b), and that is proposed for importation
into the United States, shall--
``(i) promulgate regulations in accordance
with the guidelines under subsection (d); and
``(ii) carry out screening in accordance
with this subsection.
``(B) Requirements.--The head a Federal agency
described in subparagraph (A) or the Director, as
applicable, shall--
``(i) prohibit the importation into the
United States of any species described in
clause (i) or (iii) of paragraph (2)(B), unless
the importation is for the sole purpose of
research conducted in accordance with section
1202(f)(2);
``(ii) restrict, as necessary, the
importation of any species described in
subsection (2)(B)(ii), unless the importation
is for the sole purpose of research conducted
in accordance with section 1202(f)(2);
``(iii) make a determination under this
subsection not later than 180 days after
receiving a complete request for permission to
import a aquatic organism; and
``(iv) make the results of the screening
process available to the public.
``(2) Categories.--The screening process under this
subsection shall require--
``(A) to the maximum extent practicable, the
identification, preferably to the species level but, at
a minimum, to the genus level, of aquatic organisms
proposed for importation; and
``(B) the designation of--
``(i) species with a high or moderate
probability of undesirable impacts to areas
within the United States and contiguous areas
of neighboring countries to which the species
is likely to be spread;
``(ii) species with a low or no probability
of undesirable impacts to areas within the
United States and contiguous areas of
neighboring counties to which the species is
likely to be spread; and
``(iii) species with respect to which there
is insufficient information to determine the
risk of such undesirable impacts.
``(3) Delegation and authority.--
``(A) In general.--If no Federal agency has the
authority described in paragraph (1)(A), or if the head
of such a Federal agency delegates the screening
authority to the Director under subparagraph (B), the
Director shall screen the organism.
``(B) Delegation to director.--The head of a
Federal agency with the authority described in
paragraph (1)(A) may delegate to the Director the
authority to carry out the screening process under this
subsection.
``(C) United states fish and wildlife service.--
``(i) In general.--The Director may
restrict or prohibit the importation of an
aquatic organism of a species not in trade in
accordance with the regulations promulgated
under paragraph (1)(A)(i) if--
``(I) no other Federal agency has
authority to regulate the importation
of the species; or
``(II) the head of a Federal agency
delegates authority to the Director
under subparagraph (B).
``(ii) Screening requirements.--The
Director shall promulgate screening
requirements in accordance with the guidelines
under subsection (d) to evaluate any planned
importation of an aquatic organism, including
an importation carried out by a Federal agency,
that is not otherwise subject to Federal
authority to permit the importation.
``(D) Multiple jurisdiction.--
``(i) In general.--If more than 1 Federal
agency has jurisdiction over the importation of
an aquatic organism, the agencies shall conduct
only 1 screening process in accordance with a
memorandum of understanding described in
paragraph (4).
``(ii) Cultured aquatic organisms.--The
Secretary of Agriculture shall conduct
screening of any aquatic organism imported to
be cultured.
``(E) Agency-initiated screening.--At the
discretion of the Federal agency with jurisdiction over
the importation of a species not in trade, the Federal
agency may initiate a screening process for a species
for which no other person has filed an application for
importation.
``(4) Memorandum of understanding.--
``(A) In general.--The Director shall enter into a
memorandum of understanding with each Federal agency
with the authority to conduct screening under this
subsection.
``(B) Contents.--A memorandum of understanding
under subparagraph (A) shall contain, at a minimum--
``(i) a description of the relationship
between, and responsibilities of, each Federal
agency, including a process designating a lead
agency in cases in which multiple agencies have
jurisdiction over the screening of an aquatic
species;
``(ii) the process by which the Director
will delegate screening duties to, and receive
delegation from, other agencies of
jurisdiction; and
``(iii) the process by which the agency and
the National Invasive Species Council will
coordinate and share information required for
the screening of a species.
``(f) Review and Revision.--
``(1) In general.--Not less frequently than once every 3
years, the National Invasive Species Council, in conjunction
with the Task Force, shall review and revise, based on research
on early detection and monitoring under section 1106 and other
information, the guidelines, screening, and other activities
carried out under this section.
``(2) Report.--Together with the report required under
section 1201(f)(2)(B), the National Invasive Species Council
shall submit to Congress--
``(A) an evaluation of the effectiveness of the
screening process carried out under subsection (e);
``(B) the consistency of the application of the
screening process by Federal agencies; and
``(C) recommendations for revisions of the
screening process.
``(g) Prohibitions.--
``(1) In general.--Except as otherwise provided in this
section, it shall be unlawful to import an aquatic organism of
a species not in trade.
``(2) Penalties.--
``(A) Civil penalty.--Any person that violates
subsection (c) shall be liable for a civil penalty in
an amount not to exceed $50,000.
``(B) Criminal penalties.--Any person that
knowingly violates subsection (c) is guilty of a class
C felony.
``(h) Fees.--The head of any agency that has jurisdiction over a
planned importation of an aquatic species subject to screening under
this section may increase the amount of any appropriate fee that is
charged under an applicable law (including regulations) to offset the
cost of screening carried out under this section.
``(i) Effect on Other Laws.--
``(1) In general.--Nothing in this section repeals,
supersedes, or modifies any provision of Federal or State law
relating to the screening process for aquatic species
importation.
``(2) More protective laws.--A State, the District of
Columbia, or a territory of the Untied States may adopt an
aquatic plant or animal importation law, regulation, or policy
that requires a more protective screening process for aquatic
species importation than the regulations and policies of this
section.''.
PART IV--EARLY DETECTION; RAPID RESPONSE; CONTROL AND OUTREACH
SEC. 131. EARLY DETECTION.
Subtitle B of the Nonindigenous Aquatic Nuisance Prevention and
Control Act of 1990 (16 U.S.C. 4711 et seq.) (as amended by section
122) is amended by adding at the end the following:
``SEC. 1106. EARLY DETECTION AND MONITORING.
``(a) In General.--Not later than 18 months after the date of
enactment of the National Aquatic Invasive Species Act of 2007, in
conjunction with the Council, the Task Force shall (based on the
standard protocol for early detection surveys developed under this
title), 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.
``(b) Contents.--The protocols, plan, and budget shall, at a
minimum--
``(1) address a diversity of aquatic ecosystems of the
United States (including inland and coastal waters);
``(2) encourage State, local, port, and tribal
participation in monitoring;
``(3) balance scientific rigor with practicability,
timeliness, and breadth of sampling activity;
``(4) considers the pathways and organisms identified under
section 1210;
``(5) include a capacity to evaluate the impacts of
permitted importations screened by the processes established
under section 1105; and
``(6) include clear lines of communication with appropriate
Federal, State, and regional rapid response authorities.
``(c) Implementation.--Not later than 3 years after the date of
enactment of the National Aquatic Invasive Species Act of 2007, the
Director of the United States Geological Survey, the Administrator of
the National Oceanic and Atmospheric Administration, and the
Administrator (in consultation with the National Invasive Species
Council and in coordination with other agencies and organizations)
shall implement a national system of ecological surveys that is--
``(1) carried out in cooperation with State, local, port,
tribal authorities, and other non-Federal entities (such as
colleges and universities); and
``(2) based on the protocols, plan, and budget published
under subsection (a) and any public comment.''.
SEC. 132. RAPID RESPONSE.
Subtitle C of title I of the Nonindigenous Aquatic Nuisance
Prevention and Control Act of 1990 (16 U.S.C. 4721 et seq.) (as amended
by section 121) is amended by adding at the end the following:
``SEC. 1211. RAPID RESPONSE.
``(a) Emergency Rapid Response Fund.--
``(1) Establishment.--There is established in the Treasury
of the United States a revolving fund to assist States in
implementing rapid response measures for aquatic invasive
species, to be known as the `Emergency Rapid Response Fund'
(referred to in this subsection as the `Fund'), consisting of--
``(A) such amounts as are appropriated to the Fund
under section 1301(g)(2)(A); and
``(B) any interest earned on investment of amounts
in the Fund under paragraph (3).
``(2) Expenditures from fund.--
``(A) In general.--Subject to subparagraph (C), on
request by the Secretary of the Interior, the Secretary
of the Treasury shall transfer from the Fund to the
Secretary of the Interior such amounts as the Secretary
of the Interior determines are necessary to provide
financial assistance to a State or the Federal rapid
response team under subparagraph (B) to assist in
implementing rapid response measures for aquatic
invasive species.
``(B) State assistance.--
``(i) In general.--A State may submit to
the Secretary of the Interior an application
for emergency response assistance from the
Fund.
``(ii) Approval.--If the Secretary of the
Interior approves an application submitted
under clause (i), the Secretary shall use
amounts provided to the Secretary under
subparagraph (A)--
``(I) in a case in which a State
has in effect a rapid response
contingency strategy that is approved
under subsection (b), to provide
emergency response assistance to the
State; and
``(II) in a case in which the State
does not have a rapid response
contingency strategy approved under
subsection (b) in effect, to provide
emergency response assistance to the
Federal rapid response team established
under subsection (f).
``(iii) Additional funds.--If additional
amounts are needed for the conduct of emergency
response activities in the State, the Secretary
of the Interior may provide additional
assistance to the State or Federal rapid
response team under this paragraph.
``(C) Administrative expenses.--An amount not to
exceed 10 percent of the amounts in the Fund shall be
available for each fiscal year to pay the
administrative expenses necessary to carry out this
Act.
``(3) Investment of amounts.--
``(A) In general.--The Secretary of the Treasury
shall invest such portion of the Fund as is not, in the
judgment of the Secretary of the Treasury, required to
meet current withdrawals.
``(B) Interest-bearing obligations.--Investments
may be made only in interest-bearing obligations of the
United States.
``(C) Acquisition of obligations.--For the purpose
of investments under subparagraph (A), obligations may
be acquired--
``(i) on original issue at the issue price;
or
``(ii) by purchase of outstanding
obligations at the market price.
``(D) Sale of obligations.--Any obligation acquired
by the Fund may be sold by the Secretary of the
Treasury at the market price.
``(E) Credits to fund.--The interest on, and the
proceeds from the sale or redemption of, any
obligations held in the Fund shall be credited to and
form a part of the Fund.
``(4) Transfers of amounts.--
``(A) In general.--The amounts required to be
transferred to the Fund under this section shall be
transferred at least monthly from the general fund of
the Treasury to the Fund on the basis of estimates made
by the Secretary of the Treasury.
``(B) Adjustments.--Proper adjustment shall be made
in amounts subsequently transferred to the extent prior
estimates were in excess of or less than the amounts
required to be transferred.
``(b) State Rapid Response Contingency Strategies.--The Task Force,
in consultation with the National Invasive Species Council, shall
approve a rapid response contingency strategy of a State if the
strategy--
``(1) identifies all key governmental and nongovernmental
partners to be involved in carrying out the strategy;
``(2) 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;
``(3) specifies criteria for rapid response measures,
including a diagnostic system that--
``(A) distinguishes cases in which rapid response
has a likelihood of success and cases in which rapid
response has no likelihood of success;
``(B) distinguishes rapid response measures from
ongoing management and control of established
populations of aquatic invasive species; and
``(C) distinguishes instances in which the rate and
probability of organism dispersal is significantly
altered by vessel movements;
``(4) includes an early detection strategy that supports or
complements the early detection and monitoring system developed
under section 1108;
``(5) provides for a monitoring capability to assess--
``(A) the extent of infestations; and
``(B) the effectiveness of rapid response efforts;
``(6) to the maximum extent practicable, is integrated into
the State aquatic invasive species management plan approved
under section 1204;
``(7) to the maximum extent practicable, includes rapid
response tools that meet environmental criteria developed under
subsection (f)(4);
``(8) includes a public education and outreach component
directed at--
``(A) potential pathways for spread of aquatic
invasive species; and
``(B) persons involved in industries and
recreational activities associated with those pathways;
and
``(9) to the extent that the strategy involves vessels,
conforms with guidelines issued by the Secretary under
subsection (d)(2).
``(c) Regional Rapid Response Contingency Strategies.--The Task
Force, with the concurrence of the National 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.
``(d) Model Rapid Response Contingency Strategies.--Not later than
18 months after the date of enactment of the National Aquatic Invasive
Species Act of 2007--
``(1) the Task Force, with the concurrence of the National
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 (including rapid assessment capability) for
aquatic invasive species that meets, to the maximum
extent practicable, the requirements of paragraphs (1)
through (9) of subsection (b); and
``(B) a model regional rapid response contingency
strategy (including rapid assessment capability) for
aquatic invasive species; and
``(2) the Secretary, in concurrence with the Task Force and
the regional panels of the Task Force, shall issue guidelines
that describe vessel-related requirements that may be used in a
rapid response contingency strategy approved under this
section.
``(e) 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 (b) 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 (c) shall be not less than 75 percent.
``(3) Form of non-federal share.--The non-Federal share
required under paragraph (1) or (2) may be in the form of in-
kind contributions.
``(f) Federal Rapid Response Teams.--
``(1) Establishment of teams.--Not later than 1 year after
the date of enactment of the National Aquatic Invasive Species
Act of 2007, the National 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 National Aquatic Invasive Species Act
of 2007, the Task Force, with the concurrence of the National
Invasive Species Council, shall develop criteria to identify
cases warranting Federal assistance for rapid assessment and
response under this subsection, including indicative 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 aquatic
organisms;
``(ii) habitats of native fish and
wildlife; or
``(iii) human health.
``(4) Environmental criteria.--Not later than 1 year after
the date of enactment of the National Aquatic Invasive Species
Act of 2007, the Administrator, in consultation with the
National Invasive Species Council, the Secretary of
Transportation, the Task Force (including regional panels of
the Task Force established under section 1203), the Director,
and the Director of the National Marine Fisheries Service,
shall develop environmental criteria to minimize nontarget
environmental impacts of rapid responses carried out pursuant
to this section.''.
SEC. 133. ENVIRONMENTAL SOUNDNESS.
Section 1202 of the Nonindigenous Aquatic Nuisance Prevention and
Control Act of 1990 (16 U.S.C. 4722) is amended--
(1) by redesignating subsections (j) and (k) as subsections
(l) and (m), respectively; and
(2) by inserting after subsection (i) the following:
``(j) Improvement of Treatment Methods for Aquatic Invasive
Species.--
``(1) Criteria to evaluate environmental soundness of
treatment methods.--
``(A) In general.--Not later than 1 year after the
date of enactment of the National Aquatic Invasive
Species Act of 2007, the Administrator, in consultation
with the Secretary, the National 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
National Invasive Species Council, shall publish (not later
than 1 year after the date of enactment of the National Aquatic
Invasive Species Act of 2007) 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 National Invasive Species Council and
Task Force shall include the information described in paragraph
(2) in the reports submitted under section 1201(f)(2)(B).''.
SEC. 134. INFORMATION, EDUCATION, AND OUTREACH.
Section 1202(h) of the Nonindigenous Aquatic Nuisance Prevention
and Control Act of 1990 (16 U.S.C. 4722(h)) is amended--
(1) by striking ``(h) education.--The Task Force'' and
inserting the following:
``(h) Information, Education, and Outreach.--
``(1) In general.--The Task Force''; and
(2) by adding at the end the following:
``(2) Activities.--
``(A) In general.--The programs carried out under
paragraph (1) shall include the activities described in
this paragraph.
``(B) Public outreach.--
``(i) Public warnings.--Not later than 180
days after the date of enactment of the
National Aquatic Invasive Species Act of 2007,
each Federal officer of an agency that provides
Federal funds to States for building or
maintaining public access points to United
States water bodies shall amend the guidelines
of the agency, in consultation with relevant
State agencies, to encourage the posting of
regionally-specific public warnings or other
suitable informational and educational
materials at the access points regarding--
``(I) the danger of spread of
aquatic invasive species through the
transport of recreational watercraft;
and
``(II) methods for removing
organisms prior to transporting a
watercraft.
``(ii) Cleaning of watercraft at marinas.--
Not later than 1 year after the date of
enactment of the National Aquatic Invasive
Species Act of 2007, 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 National
Aquatic Invasive Species Act of 2007,
develop (in consultation with industry
and other affected parties) 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 National
Aquatic Invasive Species Act of 2007, 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 National 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,
pet trade, and other appropriate industries with screening,
monitoring, and control of the transportation of aquatic
invasive species.
``(4) Public access to monitoring information.--The Task
Force, the National 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
subsections (b) and (c) of section 1211; and
``(D) the list of potential invaders under section
1201(a)(4).''.
PART V--AQUATIC INVASIVE SPECIES RESEARCH
SEC. 141. ECOLOGICAL, PATHWAY, AND EXPERIMENTAL RESEARCH.
(a) In General.--Subtitle B of the Nonindigenous Aquatic Nuisance
Prevention and Control Act of 1990 (16 U.S.C. 4711 et seq.) (as amended
by section 131) is amended by adding at the end the following:
``SEC. 1107. ECOLOGICAL, PATHWAY, AND EXPERIMENTAL RESEARCH.
``(a) Definition of Administering Agencies.--
``(1) In general.--In this section and section 1108, the
term `administering agencies' means--
``(A) the Smithsonian Environmental Research
Center;
``(B) the United States Geological Survey; and
``(C) the National Oceanic and Atmospheric
Administration (including the Great Lakes Environmental
Research Laboratory).
``(2) Memorandum of understanding.--The administering
agencies shall enter into an agreement regarding implementation
of this subtitle.
``(3) Consultation.--In carrying out this section, the
administering agencies shall consult with--
``(A) the Task Force;
``(B) the Environmental Protection Agency;
``(C) the United States Fish and Wildlife Service;
and
``(D) other appropriate Federal and State agencies.
``(4) Cooperation.--In carrying out this section, the
administering agencies shall contract, as appropriate, or
otherwise cooperate with academic researchers.
``(b) Program.--The administering agencies shall develop (not later
than 18 months after the date of enactment of the National Aquatic
Invasive Species Act of 2007) and conduct a marine and freshwater
research program (including ecological and pathway surveys and
experimentation) to assess rates of, patterns of, and conditions
surrounding introductions of nonindigenous aquatic species in aquatic
ecosystems.
``(c) Purpose.--The purpose of the program is to support efforts to
prevent the introduction of, and detect and eradicate, invasive species
by--
``(1) providing information for--
``(A) early detection and rapid response efforts;
and
``(B) relevant policy questions; and
``(2) assessing the effectiveness of implemented policies
(including any standard) to prevent the introduction and spread
of aquatic invasive species.
``(d) Protocol Development.--The administering agencies shall--
``(1) establish standardized protocols for conducting
surveys that are integrated and produce comparable data, and,
as practicable, build on existing protocols and data collection
methods (including surveys required under subsection (b)),
including--
``(A) protocols to support early detection surveys
of nonindigenous aquatic species conducted by Federal,
State, or local agencies involved in the management of
invasive species, including surveys carried out
pursuant to section 1106;
``(B) protocols to support comprehensive ecological
surveys conducted under this section for purposes of
research and analysis of rates and patterns of
invasions; and
``(C) protocols to support pathway surveys;
``(2) recommend a standardized approach for classifying
species;
``(3) when proposing protocols, consider recommendations
made at the workshop conducted under subsection (h);
``(4) subject the protocols to peer review;
``(5) complete the protocols not later than 1 year after
the date of enactment of the National Aquatic Invasive Species
Act of 2007;
``(6) revise protocols as necessary; and
``(7) disseminate the protocols to the Task Force and other
Federal, State, and local stakeholders.
``(e) Ecological and Pathway Survey Requirements.--
``(1) In general.--Each comprehensive ecological survey
conducted under this section shall, at a minimum--
``(A) document baseline ecological information of
the aquatic ecosystem, including--
``(i) to the maximum extent practicable, a
comprehensive inventory of native species,
nonindigenous species, and species of unknown
origin, present in the ecosystem; and
``(ii) the chemical and physical
characteristics of water and underlying
substrate in the ecosystem;
``(B) in the case of nonindigenous species, gather
information to assist in identifying--
``(i) the life history of the species;
``(ii) the environmental requirements and
tolerances of the species;
``(iii) the native ecosystems of the
species; and
``(iv) the history of the species spread
from the native ecosystems of the species;
``(C) track the establishment of nonindigenous
species, including information about the estimated
population of nonindigenous organisms to allow an
analysis of the probable date of introduction of the
species; and
``(D) identify the likely pathway of entry of
nonindigenous species.
``(2) Minimum requirements.--Each pathway survey conducted
under this section shall, at a minimum--
``(A) identify which nonindigenous aquatic species
are being introduced, or have the potential to be
introduced, through the pathways under consideration;
``(B) determine the rate of organism introduction
through the pathways under consideration; and
``(C) determine the practices that contributed to
or could contribute to the introduction of
nonindigenous aquatic species through the pathways
under consideration.
``(f) Number and Location of Survey Sites.--
``(1) Required 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.
``(2) Emphasis.--In carrying out paragraph (1) and
subsection (g), the administering agencies shall give
particular consideration to--
``(A) the geographic diversity of sites; and
``(B) the diversity of human uses and biological
characteristics of sites.
``(g) Competitive Grant Program.--
``(1) In general.--In order to assist in carrying out
subsections (b) and (i), the administering agencies (acting
through the National Oceanic and Atmospheric Administration)
shall administer a program to award grants to academic
institutions, State agencies, and other appropriate groups.
``(2) Administration.--The program required under this
section shall be competitive, peer-reviewed, and merit-based.
``(h) Workshop.--Not later than 120 days after the date of
enactment of the National Aquatic Invasive Species Act of 2007, to
assist in the development of the protocols and design for the surveys
under this section, the administering agencies shall--
``(1) convene a workshop among researchers from Federal and
State agencies and academic institutions to obtain
recommendations for the development of the protocols and
surveys; and
``(2) make the results of the workshop widely available to
the public.
``(i) Experimentation.--The administering agencies shall conduct
(at existing field stations and such other sites as may be appropriate)
coordinated experiments on a range of taxonomic groups to identify--
``(1) the relationship between the introduction and
establishment of nonindigenous aquatic species; and
``(2) the circumstances necessary for the species to
survive and thrive.
``(j) National Pathways and Ecological Surveys Database.--
``(1) In general.--The United States Geological Survey
shall develop, maintain, and update, in consultation and
cooperation with the Smithsonian Environmental Research Center
and the National Oceanic and Atmospheric Administration, a
central national database of information concerning information
collected under section 1107(b).
``(2) Requirement.--The United States Geological Survey
shall--
``(A) make the database widely available to the
public;
``(B) update the database not less often than once
every 90 days;
``(C) coordinate the database with existing
databases collecting similar information; and
``(D) to the maximum extent practicable, format the
databases in a manner such that the data is useful for
researchers and Federal and State employees managing
relevant invasive species programs.''.
(b) Vessel Pathway Surveys.--Section 1102(b)(2)(B) of Nonindigenous
Aquatic Nuisance Prevention and Control Act of 1990 (16 U.S.C.
4712(b)(2)(B)) is amended by striking clause (ii) and inserting the
following:
``(ii) examine other potential modes for
the introduction of nonindigenous aquatic
species by vessel, including hull fouling.''.
SEC. 142. ANALYSIS.
(a) In General.--Subtitle B of the Nonindigenous Aquatic Nuisance
Prevention and Control Act of 1990 (16 U.S.C. 4711 et seq.) (as amended
by section 141(a)) is amended by adding at the end the following:
``SEC. 1108. ANALYSIS.
``(a) Invasion Analysis.--
``(1) In general.--Not later than 3 years after the date of
enactment of the National Aquatic Invasive Species Act of 2007,
and annually thereafter, the administering agencies shall
analyze data collected under section 1107 and other relevant
research, for the purpose of preventing the introduction of,
detecting, and eradicating invasive species by--
``(A) providing information for early detection and
rapid response efforts;
``(B) providing information for relevant policy
questions; and
``(C) 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 to--
``(i) identify, and characterize as
high-, medium-, or low-risk, regional and
national pathways for the introduction of
nonindigenous aquatic species into aquatic
ecosystems;
``(ii) identify new and expanding pathways
through which nonindigenous aquatic species may
be introduced into aquatic ecosystems;
``(iii) identify handling practices that
contribute to the introduction of species in
pathways; and
``(iv) assess the risk that species
currently used in commerce pose for
introduction into aquatic ecosystems;
``(B) include patterns and rates of invasion and
susceptibility to invasion of various types of bodies
of water;
``(C) consider the ways in which the risk of
establishment of an aquatic invasive species through a
pathway is related to the identity and number of
organisms transported;
``(D) consider rates of spread and numbers and
types of pathways of spread of new populations of the
aquatic invasive species and estimate the potential for
the spread and distribution of newly introduced
invasive species based on the environmental
requirements and historical distribution of the
species;
``(E) document factors that influence the
vulnerability of an ecosystem to invasion by a
nonindigenous aquatic species;
``(F) include a description of the potential for,
and impacts of, pathway management programs on invasion
rates;
``(G) provide recommendations for improvements on
the effectiveness of pathway management;
``(H) to the extent practicable, determine the
level of reduction in live organisms of various
taxonomic groups required to reduce to an acceptable
level the risk of establishment to receiving aquatic
ecosystems; and
``(I) evaluate the effectiveness of management
actions (including any standard) at reducing species
introductions and establishment.
``(3) Report.--The administering agencies shall submit to
the Task Force a report on analyses conducted under this
section.
``(b) Research To Assess the Potential of the Establishment of
Introduced Species.--
``(1) In general.--Not later than 2 years after the date of
enactment of the National Aquatic Invasive Species Act of 2007,
the administering agencies shall develop, conduct peer review
of, and submit to the Task Force a profile of the general
characteristics of invasive species, in order to--
``(A) predict, to the extent practicable, whether a
species planned for importation is likely to invade a
particular aquatic ecosystem if introduced; and
``(B) support the development of the screening
process authorized under section 1105.
``(2) Research.--In developing the profile, the
administering agencies shall analyze the research conducted
under section 1107 and other research as necessary to
determine--
``(A) characteristics of general species and
ecosystems (taking into account the opportunity for
introduction into any ecosystem); and
``(B) circumstances that may lead to establishment
of a nonindigenous aquatic organism.
``(3) Recommendations.--Based on the profile, the
administering agencies shall develop and submit to the Task
Force, for inclusion in the report to Congress developed under
section 1201(f)(2)(B), recommendations concerning which planned
importation of nonindigenous aquatic organisms warrant
restriction under section 1105.
``SEC. 1109. DISSEMINATION.
``(a) In General.--The National Invasive Species Council, in
coordination with the Task Force, and the administering agencies shall
disseminate the information collected under this Act to Federal, State,
and local entities (including relevant policymakers and private
researchers with responsibility over or interest in aquatic invasive
species).
``(b) Reports.--The National Invasive Species Council shall--
``(1) not later than 3 years after the date of enactment of
the National Aquatic Invasive Species Act of 2007, submit to
Congress a report that describes the actions and findings
carried out under this Act; and
``(2) at least once every 3 years thereafter or more often
as necessary, update the report.
``(c) Response Strategy.--To enable Federal, State, and local
entities having responsibility for responding to the introduction of
potentially harmful nonindigenous aquatic species to better and more
rapidly respond to those introductions, the National Invasive Species
Council, in coordination with the Task Force, the administering
agencies, and other appropriate Federal and State agencies, shall
implement a national strategy for the sharing of information collected
under this Act with those entities.
``(d) Pathway Practices.--The National 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) to inform those
users about means by which users can prevent the intentional or
unintentional introduction of nonindigenous aquatic species into
aquatic ecosystems.
``SEC. 1110. TECHNOLOGY DEVELOPMENT, DEMONSTRATION, AND VERIFICATION.
``(a) Environmentally Sound Technology Development, Demonstration,
and Verification.--
``(1) In general.--Not later than 1 year after the date of
enactment of the National Aquatic Invasive Species Act of 2007,
the Administrator, in consultation with the Army Corps of
Engineers and the administering agencies, shall develop and
implement 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 program
shall--
``(A) provide funds to support on-going efforts of
Federal, State, or local officials 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 the demonstration or
dissemination of the technologies or methods to
potential end-users; and
``(D) verify that any technology or practice meets
any appropriate criteria developed for effectiveness
and environmental soundness that are established by the
Administrator.
``(3) Preference.--In making grants under this subsection,
the Administrator shall give preference to proposals that meet
criteria developed for environmental soundness that are
established by the Administrator.
``(4) Merit review.--Grants awarded through this subsection
shall be awarded through a competitive, peer-reviewed process
and shall be merit-based.
``(5) Report.--Not later than 3 years after the date of
enactment of the National Aquatic Invasive Species Act of 2007,
the Administrator shall submit to Congress a report on the
program conducted under this subsection, including findings and
recommendations of the Secretary with respect to technologies
and methods described in paragraph (1).
``(b) Dispersal Barrier Research Program.--Not later than 1 year
after the date of enactment of the National Aquatic Invasive Species
Act of 2007, the Assistant Secretary, in conjunction with the Director
and other appropriate Federal agencies and academic researchers, shall
establish a research, development, and demonstration program--
``(1) to study environmentally sound methods and
technologies to reduce dispersal of aquatic invasive species
through interbasin waterways; and
``(2) to assess the potential for using those methods and
technologies in other waterways.''.
(b) Expansion of Vessel Pathway Technology Demonstration Program.--
Section 1104(b) of the Nonindigenous Aquatic Nuisance Prevention and
Control Act of 1990 (16 U.S.C. 4714(b)) is amended--
(1) by redesignating paragraphs (4) and (5) as paragraphs
(7) and (8), respectively; and
(2) by inserting after paragraph (3) the following:
``(4) Additional purposes.--The Secretary of the Interior
and the Secretary of Commerce may demonstrate and verify
technologies under this subsection to monitor and control
pathways of organism transport on vessels other than through
ballast water.
``(5) Priority.--In making grants under this subsection,
the Secretary of the Interior and the Secretary of Commerce
shall give priority to technologies that meet criteria
established in any testing protocol developed under the
Environmental Technology Verification program of the
Administrator.
``(6) Workshop.--The Secretary of the Interior and the
Secretary of Commerce shall--
``(A) hold an annual workshop to encourage the
exchange of information between and among--
``(i) principal investigators for which
funds are made available under this subsection;
and
``(ii) researchers conducting research
directly relating to vessel pathway technology
development; and
``(B) make the results of the proceedings widely
available to the public.''.
SEC. 143. VESSEL PATHWAY STANDARDS RESEARCH.
Subtitle B of the Nonindigenous Aquatic Nuisance Prevention and
Control Act of 1990 (16 U.S.C. 4711 et seq.) (as amended by section
142(a)) is amended by adding at the end the following:
``SEC. 1111. VESSEL PATHWAY STANDARDS RESEARCH.
``(a) Research Program.--
``(1) In general.--The Secretary and the Administrator (in
coordination with the National Oceanic and Atmospheric
Administration, the Task Force, and other appropriate Federal
agencies and academic researchers) shall develop and conduct a
coordinated research program to support the establishment and
implementation of standards to prevent the introduction and
spread of aquatic invasive species by vessels.
``(2) Components.--The research program shall include
programs to--
``(A) characterize physical, chemical, and
biological harbor conditions relevant to ballast
discharge into waters of the United States to provide
information for the design and implementation of vessel
vector control technologies and practices;
``(B) develop testing protocols for determining the
effectiveness of vector monitoring and control
technologies and practices;
``(C) research and demonstrate methods for
mitigating the spread of aquatic invasive species by
coastal voyages, including the exploration of the
effectiveness of alternative exchange zones in the near
coastal areas and other methods proposed to reduce the
transfers of organisms;
``(D) verify the practical effectiveness of any
type approval process to ensure that the process
produces repeatable and accurate assessments of
treatment effectiveness; and
``(E) evaluate the effectiveness and residual risk
and environmental impacts associated with any standard
established with respect to a ship pathway through
experimental research.
``(b) Performance Test.--Not later than 1 year after the date of
enactment of the National Aquatic Invasive Species Act of 2007, the
Secretary, in conjunction with the National Institute of Standards and
Technology and the Maritime Administration, shall design a performance
test for ballast water exchange (such as a dye study) to measure the
effectiveness of ballast water exchange.
``(c) National Academy of Sciences Study.--
``(1) In general.--The Secretary shall enter into an
agreement with the National Academy of Sciences under which the
Academy shall--
``(A) identify the relative risk of transfer of
various taxonomic groups of invasive species by
different vessel modes;
``(B)(i) assess the extent to which a ballast water
standard that virtually eliminates the risk of
introduction of invasive species by ballast water may
relate to the risk of introductions by all vessel
modes; and
``(ii) explain the degree of uncertainty in such an
assessment; and
``(C)(i) recommend methods for reducing the
transfers of invasive species by vessels by addressing
all parts and systems of vessels and all related modes
of transport of invasive organisms; and
``(ii) identify the research, development, and
demonstration needed to improve the information base to
support those methods, including economic information.
``(2) Report.--Not later than 2 years after the date of
enactment of the National Aquatic Invasive Species Act of 2007,
the Secretary shall submit to Congress a report that describes
the results of the study under paragraph (1).
``(3) Implementation of recommendations.--Not later than
the later of the date that is 1 year after the date of
submission of the report under paragraph (2) or the date that
is 3 years after the date of enactment of the National Aquatic
Invasive Species Act of 2007, the Task Force, in conjunction
with the Administrator, administering agencies, and other
appropriate Federal agencies, shall submit to the Secretary a
report that describes recommendations for--
``(A) a vessel pathway treatment standard that
incorporates all potential modes of transfer by vessel;
and
``(B) methods for type approval and accurate
monitoring of treatment performance that are simple and
streamlined and follow established protocols.
``(d) Working Group.--
``(1) In general.--Not later than 2 years after the date of
issuance by the Secretary of any standard relating to the
introduction by vessels of invasive species, the Secretary
shall convene a working group (including the Administrator, the
administering agencies, and other appropriate Federal and State
agencies and academic researchers) to evaluate the
effectiveness of that standard and accompanying implementation
protocols.
``(2) Duties.--The duties of the working group shall
include, at a minimum--
``(A) reviewing the effectiveness of the standard
in reducing the establishment of invasive species in
aquatic ecosystems, taking into consideration the data
collected under section 1107; and
``(B) submitting recommendations to the Secretary
(who shall make the recommendations widely available to
the public) for the revision of the standard and type
approval process in order to ensure--
``(i) effectiveness in reducing
introductions of invasive species; and
``(ii) the effectiveness of accurate
shipboard monitoring of treatment performance
in a simple and streamlined manner.''.
SEC. 144. GRADUATE EDUCATION IN SYSTEMATICS AND TAXONOMY.
Subtitle B of the Nonindigenous Aquatic Nuisance Prevention and
Control Act of 1990 (16 U.S.C. 4711 et seq.) (as amended by section
143) is amended by adding at the end the following:
``SEC. 1112. 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 in systematics and
taxonomy.
``(b) Purposes.--The purposes of the program are--
``(1) to encourage scientists to pursue careers in
systematics and taxonomy to ensure a continuing knowledge base
in those disciplines;
``(2) to ensure that there will be adequate expertise in
systematics and taxonomy to meet Federal, State, and local
needs to identify invasive species;
``(3) to develop that expertise throughout the United
States with an emphasis on regional diversity; and
``(4) to 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) Administration.--
``(1) Merit review.--Grants awarded through this section
shall be awarded through a competitive, peer-reviewed process
and shall be merit-based.
``(2) Preferences.--In making grants under this section,
the National Science Foundation shall provide a preference
for--
``(A) projects in a diverse set of ecosystems and
geographic locations;
``(B) if applicable, projects that are integrated
with the Long Term Ecological Research Network created
by the National Science Foundation;
``(C) projects that include student participation;
and
``(D) projects carried out by institutions of
higher education and museums that actively train
students to become experts in systematics and
taxonomy.''.
PART VI--COORDINATION
SEC. 151. 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 National 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) National invasive species council.--The National
Invasive Species Council shall--
``(A) coordinate and cooperate with the Task Force
in carrying out the duties of the National Invasive
Species Council relating to aquatic invasive species;
``(B) not later than 2 years after the date of
enactment of the National Aquatic Invasive Species Act
of 2007, 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
covered by section 42 of title 18, United
States Code (including regulations); 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 Inter-Regional Meeting.--The Task Force shall annually
convene all regional panels established pursuant to this Act for the
purpose of information transfer between and among panels, and between
the panels and the Task Force, regarding aquatic invasive species
management.
``(e) Organizations.--
``(1) In general.--An interstate organization that has a
Federal charter authorized by law or executive order for
purposes of fisheries or natural resource management may
develop and implement--
``(A) regional aquatic invasive species management
plans; and
``(B) rapid response activities that are--
``(i) requested by the Governors of the
member States of the organization; and
``(ii) consistent with any relevant State
aquatic invasive species management plans.
``(2) Funds.--The interstate organization may receive funds
under this Act to implement activities under the regional
aquatic invasive species management plan of the
organization.''.
(e) State Aquatic Invasive Species Management Plans.--Section
1204(a) of the Nonindigenous Aquatic Nuisance Prevention and Control
Act of 1990 (16 U.S.C. 4724(a)) is amended--
(1) in paragraph (2)--
(A) in subparagraph (A), by inserting before the
semicolon at the end the following: ``, including, in
accordance with guidelines issued by the Task Force
under paragraph (5)--
``(i) rapid assessment and response
contingency strategies under section 1211;
``(ii) early detection strategies under
section 1211(b)(4);
``(iii) aquatic plant control programs
conducted pursuant to other laws; and
``(iv) screening of planned introductions
pursuant to section 1105''; and
(B) in subparagraph (D), by inserting ``include''
after ``(D)''; and
(2) by adding at the end the following:
``(5) Guidelines.--
``(A) In general.--Not later than 1 year after the
date of enactment of the National Aquatic Invasive
Species Act of 2007, the Task Force shall amend the
guidelines of the Task Force 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 strategies under
section 1211(b)(4);
``(iii) aquatic plant control programs
conducted pursuant to other laws;
``(iv) screening of planned introductions
pursuant to section 1105; and
``(v) the review and revision of
requirements of this subsection and the
reapproval process under this subsection.
``(6) Relationship to other plans.--
``(A) In general.--A plan approved under paragraph
(4) shall be deemed to meet any State planning
requirement of the program established under section
104 of the River and Harbor Act of 1958 (33 U.S.C. 610)
for a plan to control noxious aquatic plant growths.
``(B) Enforcement.--Funds provided to States for
implementation of plans pursuant to section 1204 may be
used by 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) Eligibility of existing plans.--A plan approved under
this section as of the day immediately before the date of
enactment of the National Aquatic Invasive Species Act of 2007
shall be eligible to receive a grant awarded under this
section.
``(8) Review and revision.--
``(A) In general.--Each State shall periodically
review and, as necessary, revise the management plan of
the State in accordance with guidelines of the Task
Force.
``(B) Update of existing plans.--A plan approved
under this section as of the day immediately before the
date of enactment of the National Aquatic Invasive
Species Act of 2007 shall be updated after the date of
enactment of the National Aquatic Invasive Species Act
of 2007 to conform to the guidelines published under
paragraph (5).
``(9) Other state management plans.--In addition to the
management plans required under this subsection, the Director
shall encourage each State to develop and implement new, and
expand existing, State management plans to improve State
actions to prevent and control aquatic invasive species.''.
(f) Grant Program.--Section 1204(b)(1) of the Nonindigenous Aquatic
Nuisance Prevention and Control Act of 1990 (16 U.S.C. 4724(b)(1)) is
amended by striking ``subsection (a) for the implementation of those
plans.'' and inserting the following: ``subsection (a)--
``(A) to develop those plans with a total amount
that does not exceed 10 percent of the amounts made
available for grants under this section for each fiscal
year; and
``(B) to implement those plans.''.
SEC. 152. INTERNATIONAL COORDINATION.
(a) In General.--Subtitle E of the Nonindigenous Aquatic Nuisance
Prevention and Control Act of 1990 (16 U.S.C. 4751 et seq.) is
amended--
(1) by striking the subtitle heading and inserting the
following:
``Subtitle E--Administration'';
and
(2) by adding at the end the following:
``SEC. 1402. INTERNATIONAL COORDINATION.
``(a) In General.--The Task Force, the National Invasive Species
Council, and the Secretary of State shall, to the maximum extent
practicable, ensure that international efforts to prevent, detect,
monitor, assess, and control aquatic invasive species (including
through the International Maritime Organization, the International
Convention on the Exploration of the Sea, the Global Invasive Species
Program, and other appropriate programs) are coordinated with policies
of the United States established by this Act.
``(b) Coordination With Neighboring Countries.--
``(1) In general.--The Task Force, in consultation with the
Secretary of State, shall include in the report required by
section 1202(m) a description of the means by which
international agreements and regulations with countries that
share a border with the United States will be implemented and
enforced by Federal agencies (including a clarification of the
roles and responsibilities of those agencies).
``(2) Negotiations.--As soon as practicable after the date
of enactment of the National Aquatic Invasive Species Act of
2007, the Secretary of State may enter into negotiations with--
``(A) Canada to issue a request that the
International Joint Commission, not later than 18
months after the date of enactment of that Act, review,
research, conduct hearings on, and submit to the
parties represented on the International Joint
Commission a report that describes the success of
current policies of governments in the United States
and Canada having jurisdiction over the Great Lakes in
anticipating and preventing biological invasions of the
aquatic ecosystem in the Great Lakes, including--
``(i) an analysis of current Federal, State
or Provincial, local, and international laws,
enforcement practices, and agreements;
``(ii) an analysis of prevention efforts
relating 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.
``SEC. 1403. TREATMENT OF NATIONAL INVASIVE SPECIES COUNCIL.
``The National Invasive Species Council shall continue regardless
of the termination of section 3 of Executive Order No. 13112 (42 U.S.C.
4321 note; relating to invasive species).''.
PART VII--AUTHORIZATION OF APPROPRIATIONS
SEC. 155. AUTHORIZATION OF APPROPRIATIONS.
Section 1301 of the Nonindigenous Aquatic Nuisance Prevention and
Control Act of 1990 (16 U.S.C. 4741) is amended to read as follows:
``SEC. 1301. AUTHORIZATION OF APPROPRIATIONS.
``(a) In General.--Except as otherwise provided in this section,
there are authorized to be appropriated such sums as are necessary to
carry out this Act for each of fiscal years 2008 through 2012.
``(b) Task Force and Aquatic Invasive Species Program.--There are
authorized to be appropriated for each of fiscal years 2008 through
2012--
``(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 National
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 2008 through 2012.
``(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 2008 through 2012--
``(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 2008 through
2012--
``(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 National Invasive
Species Council to establish screening guidelines under section
1105(d); and
``(3) $3,500,000, to be used by the Director to promulgate
and implement screening requirements under section 1105(e).
``(f) Early Detection and Monitoring.--There is authorized to be
appropriated, to carry out early detection, monitoring, and survey
planning and implementation under section 1106, $2,000,000 for each of
fiscal years 2008 and 2009 and $10,000,000 for each of fiscal years
2010 through 2012, of which--
``(1) for each of fiscal years 2008 and 2009--
``(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 2010 through 2012--
``(A) $5,000,000 shall be used by the National
Oceanic and Atmospheric Administration; and
``(B) $5,000,000 shall be used by the Director.
``(g) Containment and Control.--
``(1) Dispersal barriers.--There are authorized to be
appropriated for each of fiscal years 2008 through 2012--
``(A) such sums as are necessary to carry out
section 1202(j)(1); and
``(B) $2,150,000, to be used by the Director to
carry out the monitoring program under section
1202(j)(2).
``(2) Rapid response.--There are authorized to be
appropriated for each of fiscal years 2008 through 2012--
``(A) $25,000,000, to the Emergency Rapid Response
Fund established under section 1211(a), to remain
available until expended;
``(B) $1,000,000, to be used by the National
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(f), of which--
``(i) $500,000 shall be used by the
National Oceanic and Atmospheric
Administration; and
``(ii) $1,000,000 shall be used by the
Director.
``(3) Environmental soundness.--There is authorized to be
appropriated for establishment under section 1202(k) of
criteria for the improvement of treatment methods for aquatic
invasive species $600,000 for each of fiscal years 2008 through
2012.
``(h) Information, Education and Outreach.--There are authorized to
be appropriated for each of fiscal years 2008 through 2012--
``(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).
``(i) Research.--
``(1) Ecological and pathway research and analysis.--There
are authorized to be appropriated for each of fiscal years 2008
through 2012--
``(A) $17,000,000, to be used by the National
Oceanic and Atmospheric Administration to carry out
sections 1107 and 1108, of which $13,000,000 shall be
used to carry out the grant program under section
1107(g));
``(B) $4,000,000, to be used by the Smithsonian
Environmental Research Center to carry out sections
1107 and 1108;
``(C) $4,500,000, to be used by the United States
Geological Survey to carry out sections 1107 and 1108,
of which $500,000 shall be used to develop, maintain,
and update the database required under section
1107(j)); and
``(D) $1,650,000, to be used by the Great Lakes
Environmental Research Laboratory to carry out the
demonstration program under section 1202(i).
``(2) Dissemination.--There is authorized to be
appropriated to provide for the dissemination of information by
the National Invasive Species Council under section 1109
$500,000 for each of fiscal years 2008 through 2012.
``(3) Technology development, demonstration, and
verification.--There are authorized to be appropriated for each
of fiscal years 2008 through 2012--
``(A) $2,500,000, to be used by the Administrator
for the purposes of environmental soundness screening
and improvement under section 1110(a);
``(B) $1,000,000, to be used by the Assistant
Secretary to carry out the program under section
1110(b); and
``(C) $7,500,000, to carry out vessel pathway
technology development under sections 1104 and 1301(e).
``(4) Vessel pathway standards research.--There are
authorized to be appropriated--
``(A) for each of fiscal years 2008 through 2012,
$3,000,000, to be used for research in support of
vessels pathway standards and technology evaluation
under section 1111(a) of which--
``(i) $1,500,000 shall be used by the
Administrator; and
``(ii) $2,000,000 shall be used by the
Secretary of the Coast Guard;
``(B) for each of fiscal years 2008 through 2010,
$500,000, to be used by the Coast Guard to carry out
the performance test required under section 1111(b);
and
``(C) for fiscal year 2008, $500,000, to be used by
the Secretary of the Coast Guard to enter into an
agreement with the National Academy of Sciences to
carry out the study required under section 1111(c).
``(5) Research in systematics and taxonomy.--There is
authorized to be appropriated for the National Science
Foundation to provide research grants for systematics and
taxonomy under section 1112 $2,500,000 for each of fiscal years
2008 through 2012.''.
PART VIII--CONFORMING AMENDMENTS
SEC. 161. CONFORMING AMENDMENTS.
(a) In General.--The Nonindigenous Aquatic Nuisance Prevention and
Control Act of 1990 is amended--
(1) 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;
(2) in subtitle C (16 U.S.C. 4721 et seq.), by striking the
subtitle heading and inserting the following:
``Subtitle C--Prevention and Control of Aquatic Invasive Species
Dispersal'';
(3) in section 1201(a) (16 U.S.C. 4721(a)), by striking
``Nuisance Species'' and inserting ``Invasive Species'';
(4) in section 1202 (16 U.S.C. 4722), by striking the
section heading and inserting the following:
``SEC. 1202. AQUATIC INVASIVE SPECIES PROGRAM.'';
(5) in section 1204 (16 U.S.C. 4724), by striking the
section heading and inserting the following:
``SEC. 1204. STATE AQUATIC INVASIVE SPECIES MANAGEMENT PLANS.'';
and
(6) by striking ``aquatic nuisance species'' each place it
appears and inserting ``aquatic invasive species''.
(b) Short Title.--
(1) Section 1001 of the Nonindigenous Aquatic Nuisance
Prevention and Control Act of 1990 (16 U.S.C. 4701) is amended
by striking ``Nonindigenous Aquatic Nuisance'' and inserting
``Nonindigenous Aquatic Invasive Species''.
(2) References.--Any reference in a law, map, regulation,
document, paper, or other record of the United States to the
Nonindigenous Aquatic Nuisance Prevention and Control Act of
1990 shall be deemed to be a reference to the Nonindigenous
Aquatic Invasive Species Prevention and Control Act of 1990.
Subtitle B--Asian Carp Prevention and Control
SEC. 171. ADDITION OF SPECIES OF CARP TO THE LIST OF INJURIOUS SPECIES
THAT ARE PROHIBITED FROM BEING IMPORTED OR SHIPPED.
Section 42(a)(1) of title 18, United States Code, is amended by
inserting after ``Dreissena polymorpha;'' the following: ``of the black
carp of the species Mylopharyngodon piceus; of the bighead carp of the
species Hypophthalmichthys nobilis; of the silver carp of the species
Hypophthalmichthys molitrix; of the largescale silver carp of the
species Hypophthalmichthys harmandi;''.
SEC. 172. DISPERSAL BARRIERS.
Section 1202 of the Nonindigenous Aquatic Nuisance Prevention and
Control Act of 1990 (16 U.S.C. 4722) (as amended by section 133) is
amended--
(1) in subsection (i)(3)(C), by striking ``, to carry out
this paragraph, $750,000'' and inserting ``such sums as are
necessary to carry out this paragraph''; and
(2) by inserting after subsection (j) the following:
``(k) National Dispersal Barrier Program.--
``(1) Chicago river ship and sanitary canal dispersal
barrier project.--
``(A) Existing barrier.--The Assistant Secretary
shall upgrade and make permanent, at full Federal
expense, the existing Chicago sanitary and ship canal
dispersal barrier in Chicago, Illinois, constructed as
a demonstration project under subsection (i)(3).
``(B) New barrier.--Notwithstanding the project
cooperation agreement with the State of Illinois dated
November 21, 2003, the Secretary shall construct, at
full Federal expense, the Chicago sanitary and ship
canal dispersal barrier authorized by section 345 of
the District of Columbia Appropriations Act, 2005
(Public Law 108-335; 118 Stat. 1352).
``(C) Operation and maintenance.--The Chicago
sanitary and ship canal dispersal barriers described in
subparagraphs (A) and (B) shall be operated and
maintained as a system by the Corps of Engineers, at
full Federal expense, in such a manner as the Chief
Engineer determines optimizes the effectiveness of the
barriers.
``(D) Credit.--
``(i) In general.--The Assistant Secretary
shall provide to each State a credit in an
amount equal to the amount of funds contributed
by the State toward the authorized dispersal
barriers described in subparagraphs (A) and
(B).
``(ii) Use of credit.--A State may apply a
credit received under clause (i) to any
existing or future project of the Corps of
Engineers in that State.
``(E) Feasibility study of chicago river ship and
sanitary canal.--
``(i) In general.--Not later than 3 years
after the date of enactment of the Great Lakes
Collaboration Implementation Act of 2007, the
Assistant Secretary, in consultation with
appropriate Federal, State, local, and non-
governmental entities, shall conduct a
feasibility study of the full range of options
available to prevent the spread of aquatic
invasive species through the Chicago River Ship
and Sanitary Canal dispersal barrier.
``(ii) Matters to be studied.--The study
shall--
``(I) provide recommendations
concerning additional measures and
long-term measures necessary to improve
the performance of the Chicago River
Ship and Sanitary Canal dispersal
barrier; and
``(II) examine methods and measures
necessary to achieve--
``(aa) 100 percent efficacy
of the barrier with respect to
aquatic invasive species of
fish; and
``(bb) maximum efficacy of
the barrier with respect to
other taxa of aquatic invasive
species.
``(2) Monitoring program.--
``(A) Establishment.--Not later than 1 year after
the date of enactment of the Great Lakes Collaboration
Implementation Act of 2007, the Secretary of the
Interior shall establish an interbasin and intrabasin
monitoring program.
``(B) Required elements.--The monitoring program
shall--
``(i) track aquatic invasive species moving
through--
``(I) the Chicago River Ship and
Sanitary Canal;
``(II) the Lake Champlain Canal;
``(III) other interbasin waterways;
and
``(IV) major river systems (such as
the Mississippi River), as recommended
by regional panels convened under
section 1203, in which interbasin
transfers of aquatic invasive species
have been shown to pose a significant
threat to fish and wildlife resources;
``(ii) assess the efficacy of dispersal
barriers and other measures in preventing the
spread of aquatic invasive species through the
waterways; and
``(iii) identify waterways suitable for
dispersal barrier demonstration projects, in
addition to the waterways at which dispersal
barrier demonstration projects were carried out
before the date of enactment of the Great Lakes
Collaboration Implementation Act of 2007.
``(C) Reports.--The Secretary of the Interior shall
issue biennial reports describing the findings of the
monitoring program.
``(3) Prevention and mitigation plans for corps projects.--
In developing projects involving interbasin waterways or other
hydrologic alterations that could create pathways for aquatic
invasive species, the Assistant Secretary shall develop
adequate prevention and mitigation plans for controlling the
dispersal of the aquatic invasive species.
``(4) Technical assistance.--The Administrator of the
National Oceanic and Atmospheric Administration, acting through
the Great Lakes Environmental Research Laboratory, shall
provide technical assistance to appropriate entities to assist
in the research conducted under this subsection.
``(5) Additional waterways.--The Assistant Secretary, with
the concurrence of the Administrator, and other relevant
Federal agencies, shall--
``(A) identify additional waterways suitable for
the construction of new dispersal barriers (based on
the monitoring program established under paragraph
(2));
``(B) determine the feasibility of a dispersal
barrier project at the Lake Champlain Canal and in the
Upper Mississippi River and, if feasible, establish a
plan for a dispersal barrier at the Lake Champlain
Canal and in the Upper Mississippi River; and
``(C) construct, maintain, and operate such
dispersal barriers as necessary.
``(6) Reports.--Not later than 3 years after the date of
enactment of the Great Lakes Collaboration Implementation Act
of 2007, the Assistant Secretary and the Director shall jointly
submit to Congress a report that describes--
``(A) the efficacy of the Chicago River Ship and
Sanitary Canal dispersal barrier project; and
``(B) a plan to provide for additional dispersal
barrier demonstration projects and related research
projects.''.
Subtitle C--National Invasive Species Council
SEC. 181. DEFINITIONS.
In this subtitle:
(1) Council.--The term ``Council'' means the National
Invasive Species Council established by section 183(a).
(2) Invasive species.--The term ``invasive species'' means
a species--
(A) that is nonnative to an ecosystem; and
(B) the introduction of which to that ecosystem
causes or may cause harm to the environment, the
economy, 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 185(a).
(4) Species.--The term ``species'' means a category of
taxonomic classification that--
(A) ranks below a genus or subgenus; and
(B) consists of related organisms capable of
interbreeding.
SEC. 182. LIMITATION ON FEDERAL ACTIONS.
(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 the sole discretion
of the head of the agency and in accordance with guidelines developed
under subsection (b), determines that--
(1) the benefits of the action under consideration clearly
outweigh the potential harm to the environment, the economy,
and human health caused by the introduction or spread of the
invasive species; and
(2) all feasible and practical measures to minimize risk of
harm to the environment, the economy, and human health will be
taken in carrying out the action.
(b) Guidelines.--The Council on Environmental Quality, in
conjunction with the Council, shall develop guidelines for Federal
agencies to use in analyzing actions under subsection (a).
SEC. 183. NATIONAL INVASIVE SPECIES COUNCIL.
(a) Establishment.--
(1) In general.--There is established, as an independent
entity in the executive branch, the National Invasive Species
Council.
(2) Duties.--The Council shall provide leadership and
coordination among Federal agencies and between the Federal
Government and State and local governments, with respect to
efforts--
(A) to minimize the environmental, economic, and
human health effects caused by invasive species; and
(B) to reduce the threat of further invasions of
invasive species.
(b) Membership.--
(1) In general.--The Council shall consist of--
(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;
(J) the Administrator of the United States Agency
for International Development; and
(K) such additional members as are appointed under
paragraph (2).
(2) Additional members.--With the concurrence of a majority
of the members of the Council, the chairperson 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) Chairperson.--
(1) Initial chairperson.--The Secretary of the Interior
shall serve as chairperson of the Council for the 3-year period
beginning on the date of enactment of this Act.
(2) Subsequent chairpersons.--After the initial 3-year
period described in paragraph (1), the chairperson shall rotate
every 3 years among the following members, in the following
order:
(A) The Secretary of Agriculture.
(B) The Secretary of Commerce.
(C) The Secretary of the Interior.
(d) Meetings.--The Council shall meet at the call of the
chairperson, but not less often than semiannually.
(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--
(A) the Secretary of the Interior;
(B) the Secretary of Agriculture; and
(C) the Secretary of Commerce.
(3) Qualifications.--An individual appointed as Executive
Director of the Council shall have--
(A) legal or scientific experience and training in
the area of natural resources, ecology, or agriculture;
and
(B) experience in dealing with public policy
matters concerning aquatic and terrestrial invasive
species.
(4) Term.--The Executive Director of the Council shall
serve for a term of 6 years.
(5) Compensation.--The Executive Director shall be paid at
the maximum rate of basic pay prescribed for level GS-15 of the
General Schedule.
SEC. 184. DUTIES.
(a) In General.--The Council shall ensure that the efforts of
Federal agencies concerning invasive species are coordinated,
effective, complementary, and cost-efficient.
(b) Duties.--To carry out subsection (a), the Council shall--
(1) coordinate with other organizations addressing invasive
species (such as the Federal Interagency Committee for the
Management of Noxious and Exotic Weeds, the Aquatic Nuisance
Species Task Force established under section 1201 of the
Nonindigenous Aquatic Nuisance Prevention and Control Act of
1990 (16 U.S.C. 4721), regional panels established under that
Act, and the White House Office of Science and Technology
Policy) to implement the National Management Plan;
(2) develop recommendations for international cooperation
between the Federal Government, State governments, and foreign
countries 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 and in accordance with the National
Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.),
guidance for Federal agencies on prevention, control, and
eradication of invasive species;
(5) establish and maintain a publicly accessible,
coordinated, up-to-date information sharing system on invasive
species that--
(A) allows the access to and exchange of
information among Federal agencies and the public; and
(B) uses the Internet to the maximum extent
practicable;
(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
for the annual submission by the President to Congress of the
budget of the Federal Government under section 1105 of title
31, United States Code;
(7)(A) evaluate Federal programs that are likely to cause
or promote the introduction or spread of invasive species in
the United States; and
(B) recommend actions Federal agencies can take to minimize
the risk of introductions or further spread of invasive
species; and
(8) develop and submit to the appropriate committees of
Congress 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
prevention, eradication, control, and monitoring of, and
research and outreach concerning, invasive species.
SEC. 185. 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 activities by Federal agencies relating 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--
(A) preventing 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, which recommended approaches 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 countries to increase
their capacity--
(i) to control invasive species; and
(ii) 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--
(i) eradicating the invasive species; or
(ii) controlling the spread of the invasive
species;
(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) conducting research on the matters referred to
in subparagraphs (A) through (F);
(H) evaluating and documenting the effects of
invasive species on the environment, the economy, and
human health;
(I) developing technologies to prevent the
introduction and provide for the management of invasive
species; and
(J) promoting public education on invasive species
and the means to address invasive species.
(4) Identification of needed resources.--The National
Management Plan shall identify the personnel, other resources,
and additional levels of coordination needed to achieve the
goals included in the National Management Plan.
(b) Existing Plan.--The National Invasive Species Management Plan
of the Invasive Species Council adopted in 2001 shall be treated as the
National Management Plan required under subsection (a) until the date
of issuance of the National Management Plan under subsection (c)(1).
(c) Issuance and Updating of National Management Plan.--The Council
shall--
(1) not later than December 31, 2007, issue the National
Management Plan;
(2) not later than December 31, 2009, and biennially
thereafter, update the National Management Plan; and
(3) concurrently with the process of updating the National
Management Plan, evaluate and report to Congress on success in
achieving the goals included in the National Management Plan.
(d) Agency Reports.--Not later than 18 months after the date of
issuance of any update of the National Management Plan that recommends
action by a Federal agency, the head of the Federal agency shall submit
to Congress a report that--
(1) describes each of the recommended actions that the
agency has not taken; and
(2) provides an explanation of why the action is not
feasible.
SEC. 186. INVASIVE SPECIES ADVISORY COMMITTEE.
(a) Establishment.--
(1) In general.--The Council shall maintain an advisory
committee, to be known as the ``Invasive Species Advisory
Committee'', to provide information and advice for
consideration by the Council.
(2) Organization, functions, and authorities.--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 the 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 chairperson 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
environmental, economic, and human health impacts caused by invasive
species.
(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 the regional, State,
local, tribal, and ecosystem-based levels to achieve the goals of the
National Management Plan.
(d) Continuing Operation of Existing Committee.--Any advisory
committee appointed before the date of enactment of this Act in
accordance with the charter referred to in subsection (a)(2) may
continue in effect under this section.
SEC. 187. BUDGET ANALYSIS AND SUMMARY.
Not later than March 31, 2008, and March 31 of each year
thereafter, the Director of the Office of Management and Budget shall
prepare, and submit to Congress and the Council, a budget analysis and
summary of all Federal programs relating to invasive species.
SEC. 188. EXISTING EXECUTIVE ORDER.
Executive Order No. 13112, dated February 3, 1999 (42 U.S.C. 4321
note; relating to invasive species), shall be of no effect.
SEC. 189. AUTHORIZATION OF APPROPRIATIONS.
There is authorized to be appropriated to carry out this subtitle
$2,000,000 for each of fiscal years 2008 through 2010.
TITLE II--COASTAL HEALTH
SEC. 201. TECHNICAL ASSISTANCE.
(a) Technical Assistance for Rural and Small Treatment Works.--
Section 104(b) of the Federal Water Pollution Control Act (33 U.S.C.
1254(b)) is amended--
(1) by redesignating paragraphs (1) through (7) as
subparagraphs (A) through (G), respectively, and indenting the
subparagraphs appropriately;
(2) by striking ``(b) In carrying out'' and inserting the
following:
``(b) Authorized Activities.--
``(1) In general.--In carrying out'';
(3) in paragraph (1) (as designated by paragraph (2))--
(A) by striking ``paragraph (1) of subsection (a)''
each place it appears and inserting ``subsection
(a)(1)'';
(B) in subparagraph (C) (as redesignated by
paragraph (1)), by striking ``of this section'';
(C) in subparagraph (F) (as redesignated by
paragraph (1)), by striking ``thereof; and'' and
inserting ``of the effects;'';
(D) in subparagraph (G) (as redesignated by
paragraph (1)), by striking the period at the end and
inserting ``; and''; and
(E) by adding at the end the following:
``(H) make grants to nonprofit organizations--
``(i) to provide technical assistance to
rural and small municipalities for the purpose
of assisting, in consultation with the State in
which the assistance is provided, the
municipalities in the planning, development,
and acquisition of financing for wastewater
infrastructure assistance;
``(ii) to capitalize revolving loan funds
for the purpose of providing loans, in
consultation with the State in which the
assistance is provided and in accordance with
paragraph (2), to rural and small
municipalities for--
``(I) predevelopment costs
associated with wastewater
infrastructure projects; and
``(II) short-term costs incurred
for the replacement of equipment that
is not part of a regular operation or
maintenance activity for an existing
wastewater system;
``(iii) to provide technical assistance and
training for rural and small publicly-owned
treatment works and decentralized wastewater
treatment systems to enable the treatment works
and systems to--
``(I) protect water quality; and
``(II) achieve and maintain
compliance with the requirements of
this Act; and
``(iv) to disseminate information to rural
and small municipalities and municipalities
that meet the affordability criteria
established by the State in which the
municipality is located under section 603(i)(2)
with respect to planning, design, construction,
and operation of publicly-owned treatment works
and decentralized wastewater treatment
systems.''; and
(4) by adding at the end the following:
``(2) Loan conditions.--
``(A) In general.--A loan provided under paragraph
(1)(H)(ii) shall--
``(i) be provided at a below-market
interest rate;
``(ii) be provided in an amount not to
exceed $100,000; and
``(iii) extend for a term of not more than
10 years.
``(B) Repayment.--Repayment of a loan provided
under paragraph (1)(H)(ii) shall be credited to the
water pollution control revolving loan fund of the
appropriate State under section 603.''.
(b) Authorization of Appropriations.--Section 104(u) of the Federal
Water Pollution Control Act (33 U.S.C. 1254(u)) is amended--
(1) by striking ``(u) There is authorized to be
appropriated (1) not'' and inserting the following:
``(u) Authorization of Appropriations.--There are authorized to be
appropriated--
``(1) not'';
(2) in paragraph (1), by striking ``provisions; (2) not''
and inserting the following: ``provisions;
``(2) not'';
(3) in paragraph (2), by striking ``subsection (g)(1); (3)
not'' and inserting the following: ``subsection (g)(1);
``(3) not'';
(4) in paragraph (3), by striking ``subsection (g)(2); (4)
not'' and inserting the following: ``subsection (g)(2);
``(4) not'';
(5) in paragraph (4), by striking ``subsection (p); (5)
not'' and inserting the following: ``subsection (p);
``(5) not'';
(6) in paragraph (5), by striking ``subsection (r); and (6)
not'' and inserting the following: ``subsection (r);
``(6) not'';
(7) in paragraph (6), by striking the period at the end and
inserting ``; and''; and
(8) by adding at the end the following:
``(7) for each of fiscal years 2008 through 2012, not more
than $75,000,000 to carry out subparagraphs (C) and (H) of
subsection (b)(1), of which, during any fiscal year--
``(A) not less than 20 percent shall be used to
carry out subsection (b)(1)(H); and
``(B) not more than \1/3\ of the amount used under
subparagraph (A) shall be used to carry out subsection
(b)(1)(H)(ii).''.
(c) Competitive Procedures for Awarding Grants.--Section 104 of the
Federal Water Pollution Control Act (33 U.S.C. 1254) is amended by
adding at the end the following:
``(w) Competitive Procedures for Awarding Grants.--The
Administrator shall establish procedures that promote competition and
openness, to the maximum extent practicable, in the award of grants to
nonprofit private agencies, institutions, and organizations under this
section.''.
SEC. 202. SEWER OVERFLOW CONTROL GRANTS.
Section 221 of the Federal Water Pollution Control Act (33 U.S.C.
1301) is amended by striking subsection (c) and inserting the
following:
``(c) Definition of Financially Distressed Community.--A
financially distressed community referred to in subsection (b) is a
community that meets the affordability criteria established by the
State in which the community is located under section 603(i)(2).''.
SEC. 203. WATER POLLUTION CONTROL REVOLVING LOAN FUNDS.
(a) Extended Payment Period.--Section 603(d)(1) of the Federal
Water Pollution Control Act (33 U.S.C. 1383(d)(1)) is amended--
(1) in subparagraph (A), by striking ``20 years;'' and
inserting the following: ``the lesser of--
``(i) the design life of the project to be
financed using the proceeds of the loan; or
``(ii) 30 years;''; and
(2) in subparagraph (B), by striking ``not later than 20
years after project completion'' and inserting ``on the
expiration of the term of the loan''.
(b) Technical and Planning Assistance for Small Systems.--Section
603(d) of the Federal Water Pollution Control Act (33 U.S.C. 1383(d))
is amended--
(1) in paragraph (6), by striking ``and'' at the end;
(2) in paragraph (7), by striking the period at the end and
inserting ``; and''; and
(3) by adding at the end the following:
``(8) with respect to municipalities and intermunicipal,
interstate, and State agencies seeking assistance under this
title that serve a population of 20,000 or fewer, to provide to
owners and operators of small treatment works, in an amount not
to exceed 2 percent of the amount of total grant awards made
under this title--
``(A) technical and planning assistance; and
``(B) assistance relating to--
``(i) financial management;
``(ii) user fee analysis;
``(iii) budgeting;
``(iv) capital improvement planning;
``(v) facility operation and maintenance;
``(vi) repair schedules; and
``(vii) other activities to improve
wastewater treatment plant management and
operations.''.
(c) Additional Subsidization.--Section 603 of the Federal Water
Pollution Control Act (33 U.S.C. 1383) is amended by adding at the end
the following:
``(i) Additional Subsidization.--
``(1) In general.--In any case in which a State provides
assistance to a municipality or an intermunicipal, interstate,
or State agency under subsection (d), the State may provide
additional subsidization, including forgiveness of principal
and negative interest loans--
``(A) to benefit a municipality that--
``(i) meets the affordability criteria of
the State established under paragraph (2); or
``(ii) does not meet the criteria
established under paragraph (2), if the
municipality--
``(I) seeks additional
subsidization to benefit individual
ratepayers in the residential user rate
class;
``(II) demonstrates to the State
that the ratepayers described in
subclause (I) will experience a
significant hardship on the increase in
rates required to finance the project
or activity for which the assistance is
sought; and
``(III) ensures, as part of an
agreement between the State and the
recipient, that the additional
subsidization provided under this
paragraph will be directed to those
ratepayers through a user charge rate
system (or another appropriate method);
and
``(B) to implement alternative processes,
materials, and techniques (including nonstructural
protection of surface waters, new or improved methods
of waste treatment, and pollutant trading) that may
result in cost savings or increased environmental
benefit when compared to standard processes, materials,
and techniques.
``(2) Affordability criteria.--
``(A) Establishment.--
``(i) In general.--Not later than September
30, 2007, 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, 2006.''.
SEC. 204. ALLOTMENT OF FUNDS.
(a) In General.--Section 604 of the Federal Water Pollution Control
Act (33 U.S.C. 1384) is amended by striking subsection (a) and
inserting the following:
``(a) Allotments.--
``(1) Fiscal years 2008 and 2009.--Amounts made available
to carry out this title for fiscal years 2008 and 2009 shall be
allotted by the Administrator in accordance with the formula
used to calculate allotments for fiscal year 2007.
``(2) Fiscal year 2010 and thereafter.--Amounts made
available to carry out this title for fiscal year 2010 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 2007; 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, 2007, after providing notice and an opportunity for
public comment, the Administrator shall publish an allotment formula
for purposes of subsection (a)(2)(B) based on water quality needs, to
be determined by the Administrator in accordance with the most recent
survey of needs developed by the Administrator under section 516.''.
SEC. 205. AUTHORIZATION OF APPROPRIATIONS.
Section 607 of the Federal Water Pollution Control Act (33 U.S.C.
1387) is amended to read as follows:
``SEC. 607. AUTHORIZATION OF APPROPRIATIONS.
``There are authorized to be appropriated to carry out this title--
``(1) $2,000,000,000 for fiscal year 2008;
``(2) $3,000,000,000 for fiscal year 2009;
``(3) $4,000,000,000 for fiscal year 2010;
``(4) $5,000,000,000 for fiscal year 2011; and
``(5) $6,000,000,000 for fiscal year 2012.''.
TITLE III--AREAS OF CONCERN
SEC. 301. GREAT LAKES.
(a) 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 2008
through 2011.''.
(b) Non-Federal Share.--Section 118(c)(12) of the Federal Water
Pollution Control Act (33 U.S.C. 1268(c)(12)) is amended--
(1) in subparagraph (E), by adding at the end the
following:
``(v) Payment and retention of non-federal
share.--The non-Federal sponsor for a project
under this paragraph may pay to the
Administrator, for retention and use by the
Administrator in carrying out the project, the
non-Federal share of the cost of the
project.'';
(2) by redesignating subparagraph (H) (as amended by
subsection (a)) as subparagraph (I); and
(3) by inserting after subparagraph (G) the following:
``(H) Advance payment and reimbursement of costs.--
The Administrator, acting through the Program Office,
may enter into an agreement with a non-Federal sponsor
to carry out a project under this paragraph under which
the non-Federal sponsor may, as appropriate--
``(i) pay in advance the non-Federal share
of the cost of the project; and
``(ii) receive from the Administrator
reimbursement for amounts (other than the non-
Federal share) expended by the non-Federal
sponsor for the project.''.
TITLE IV--TOXIC SUBSTANCES
SEC. 401. 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--
``(i) to reduce the quantity of mercury in
the Great Lakes; and
``(ii) to identify emerging contaminants 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 2008
through 2012.''.
TITLE V--INDICATORS AND INFORMATION
Subtitle A--Research Program
SEC. 501. RESEARCH REAUTHORIZATIONS.
Section 118 of the Federal Water Pollution Control Act (33 U.S.C.
1268) is amended--
(1) in subsection (d)--
(A) by striking paragraph (2);
(B) by redesignating paragraphs (3) through (7) as
paragraphs (2) through (6), respectively; and
(C) in paragraph (5) (as redesignated by
subparagraph (B)), by striking ``which address priority
issues and current needs relating to the Great Lakes''
and inserting ``in accordance with the joint research
and monitoring plan under subsection (e)''; and
(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 and monitoring 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 and State
agencies, academic institutions, and other groups
conducting Great Lakes research and monitoring in
preparing the plan described in subparagraph (A).
``(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 data base
for the Great Lakes System and establish priorities for
development of the data base.''.
SEC. 502. GREAT LAKES SCIENCE CENTER.
There are 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
2008 through 2012.
SEC. 503. CENTER FOR SPONSOR COASTAL OCEAN RESEARCH.
There is authorized to be appropriated to the Director of the
Center for Sponsored Coastal Ocean Research of the National Oceanic and
Atmospheric Administration, for use by the Center, to carry out a
program to provide grants to academic institutions, State agencies, and
other appropriate groups to carry out activities, in accordance with
the joint research and monitoring plan developed under section 118(e)
of the Federal Water Pollution Control Act (33 U.S.C. 1268(e)), 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 2008 through 2012.
SEC. 504. GREAT LAKES ENVIRONMENTAL RESEARCH LABORATORY.
Section 118 of the Federal Water Pollution Control Act (33 U.S.C.
1268) is amended by striking subsection (h) and inserting the
following:
``(h) Authorizations of Appropriations.--There are authorized to be
appropriated to carry out this section $105,000,0000 for each of fiscal
years 2008 through 2012, 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.''.
Subtitle B--Ocean and Coastal Observation System
SEC. 511. DEFINITIONS.
In this subtitle:
(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 Marys 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 512(a).
(4) Interagency program office.--The term ``interagency
program office'' means the office established under section
512(d).
SEC. 512. 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 subtitle 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
subtitle, be considered to be part of the National Oceanic and
Atmospheric Administration; and
(2) any employee of that system, while acting within the
scope of the employment of the employee, carrying out those
purposes, shall be considered to be an employee of the
Government.
SEC. 513. RESEARCH, DEVELOPMENT, AND EDUCATION.
The Council shall establish programs for research, development,
education, and outreach for the ocean and coastal observing system,
including projects under the National Oceanographic Partnership
Program, consisting of--
(1) basic research to advance knowledge of ocean and
coastal systems and ensure continued improvement of operational
products, including related infrastructure and observing
technology;
(2) focused research projects to improve understanding of
the relationship between the coasts and oceans and human
activities;
(3) large-scale computing resources and research to advance
modeling of ocean and coastal processes; and
(4) a coordinated effort to build public education and
awareness of the ocean and coastal environment and functions
that integrates ongoing activities, including the National Sea
Grant College Program, the Centers for Ocean Sciences Education
Excellence, and the National Estuarine Research Reserve System.
SEC. 514. 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 subtitle or under the National Oceanographic
Partnership Program, including support for the interagency program
office, a common infrastructure, and system integration for a ocean and
coastal observing system.
(b) Transfer of Funds.--Funds may be transferred among the
departments and agencies described in subsection (a) through an
appropriate instrument that specifies the goods, services, or space
being acquired from another Council member and the costs of the same.
SEC. 515. APPLICATION WITH OUTER CONTINENTAL SHELF LANDS ACT.
Nothing in this subtitle supersedes, or limits the authority of the
Secretary of the Interior under, the Outer Continental Shelf Lands Act
(43 U.S.C. 1331 et seq.).
SEC. 516. 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 512 and the research and development
program under section 513 (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 2008 through 2012, 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 512 shall
be allocated to the regional associations certified under section
512(f) to carry out regional ocean and coastal observing systems.
SEC. 517. REPORTING REQUIREMENT.
(a) In General.--Not later than March 31, 2011, the President,
acting through the Council, shall submit to Congress a report on the
programs established under sections 512 and 513.
(b) Requirements.--The report shall include--
(1) a description of activities carried out under the
programs;
(2) an evaluation of the effectiveness of the programs; and
(3) recommendations concerning reauthorization of the
programs and funding levels for the programs in succeeding
fiscal years.
Subtitle C--Great Lakes Water Quality Indicators and Monitoring
SEC. 521. 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),
including a description of ways in which the
factors relate to restoration priorities
provided by the Great Lakes Regional
Collaboration Executive Committee, as
determined through the regular monitoring of
indicators under clause (ii)(I) for the period
covered by the report; and
``(II) identifies any emerging problems in
the water quality or related environmental
factors of the Great Lakes;''.
TITLE VI--SUSTAINABLE DEVELOPMENT
SEC. 601. WATERFRONT RESTORATION AND REMEDIATION PROJECTS.
(a) Definitions.--In this section:
(1) Related area.--The term ``related area'' means land--
(A) located adjacent to, or in close proximity of,
a waterfront area; and
(B) that impacts or influences a waterfront area or
an aquatic habitat.
(2) Secretary.--The term ``Secretary'' means the Secretary
of Commerce, acting through the Under Secretary for Oceans and
Atmosphere.
(3) Waterfront area.--The term ``waterfront area'' means a
site located adjacent to a lake, river, stream, wetland, or
floodplain of the United States.
(b) Application.--An individual or entity that seeks to receive
assistance under this section shall submit to the Secretary an
application for the assistance in such form, by such time, and
containing such information as the Secretary may require.
(c) Justification and Purpose.--
(1) Justification.--The Secretary may provide assistance to
eligible recipients in financing a restoration or remediation
project only if the Secretary finds that the proposed project
addresses concerns relating to--
(A) public health;
(B) public safety;
(C) environmental improvements; or
(D) economic improvements.
(2) Purpose.--An eligible recipient of assistance may use
assistance made available under this section to complete a
restoration or remediation project for the purpose of--
(A) improving the surrounding ecosystem; or
(B) preparing land for redevelopment by Federal,
State, or local agencies, or private entities.
(d) Cost Sharing.--
(1) General assistance.--
(A) In general.--Except as otherwise provided in
this subsection, the Federal share of the cost of
carrying out a restoration or remediation project under
this section shall not exceed 65 percent, as determined
by the Secretary.
(B) Innovative technology.--The Federal share of
the cost of carrying out a restoration or remediation
project under this section that involves conducting a
pilot project to test a demonstration or innovative
technology shall not exceed 85 percent, as determined
by the Secretary.
(2) Operation and maintenance.--The non-Federal share of
operation and maintenance costs for a restoration or
remediation project under this section shall be 100 percent.
(3) Credit for work-in-kind considerations.--In determining
the amount of a contribution made by a non-Federal interest
under this section, the non-Federal interest shall receive
credit equal to 100 percent of the value of any land,
easements, rights-of-way, and relocations, and the reasonable
cost of services, studies, and supplies, contributed toward the
non-Federal share of project costs.
(4) Liability of federal government.--The eligible
recipient shall hold the United States harmless from any claim
or damage that may arise from carrying out the restoration or
remediation project under this section, except any claim or
damage that may arise from the negligence of the Federal
Government or a contractor of the Federal Government.
(e) Funding Limitation Per Project.--Of the funds provided under
this section, not more than $5,000,000 may be allocated for an
individual restoration or rehabilitation project.
SEC. 602. AUTHORITY OF SECRETARY TO RESTORE AND REMEDIATE WATERFRONT
AND RELATED AREAS.
The Secretary, in consultation with appropriate Federal, State, and
local agencies, is authorized to restore and remediate waterfront and
related areas, including site characterization, planning, design,
construction, and monitoring.
SEC. 603. AUTHORIZATION OF APPROPRIATIONS.
There is authorized to be appropriated to the Secretary to carry
out this title $50,000,000 for fiscal year 2008 and each subsequent
fiscal year.
TITLE VII--COORDINATION AND OVERSIGHT
SEC. 701. DEFINITIONS.
In this title:
(1) Collaboration.--The term ``Collaboration'' means the
Great Lakes Regional Collaboration established by section
704(a).
(2) Executive committee.--The term ``Executive Committee''
means the Great Lakes Regional Collaboration Executive
Committee established by section 703(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 Marys 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 702(a).
SEC. 702. 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 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 the amount of non-Federal funding leveraged
by those Federal expenditures; and
(C) the indicators and monitoring used to determine
whether the goals will be met.
SEC. 703. 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 public meetings to discuss Great Lakes
restoration goals and progress;
(2) receive input and consider recommendations from
interested parties, including nongovernmental organizations,
industry, and academia, 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--
(i) carrying out restoration of the Great
Lakes; and
(ii) meeting the goals and recommendations
in the restoration and protection strategy
developed by the Great Lakes Regional
Collaboration and under this Act; and
(B) recommendations on future priorities and
actions with respect to that restoration.
(d) Subcommittees.--The members of the Executive Committee may
designate representatives to work as 1 or more subcommittees to provide
staff support and otherwise assist in carrying out responsibilities of
the Executive Committee relating to the Collaboration.
SEC. 704. 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, in writing, of the desire and intent of
the individual or entity to participate in the Collaboration.
(c) Duties.--The Collaboration shall--
(1) develop and maintain as current 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.
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