Section 1:
This act reauthorizes and amends the Nonindigenous Aquatic
Nuisance Prevention and Control Act of 1990 (P.L. 101-646).
Section 1002:
Findings and Purposes. Nonindigenous invasive species have
become established throughout the waters of the U.S. and are
causing economic and ecological degradation to the affected
near shore regions. Zebra mussels are present in the Great
Lakes and inland waters including the Mississippi drainage,
Arkansas River, Hudson River, and Lake Champlain. Other
exotic species infestations, such as the mitten crab, brown
mussel, ruffe, Eurasian watermilfoil, and hydrilla, occur
throughout waters of the U.S. If preventive measures are not
taken nationwide, introduction and spread of aquatic nuisance
species will continue in marine and fresh waters of the U.S.
Section 1101:
Aquatic Nuisance Species in the Waters of the United
States. The Act reauthorizes the Great Lakes ballast
management program and expands applicability to vessels with
ballast tanks (as opposed to vessels which carry ballast water).
The Secretary of Transportation shall develop national guidelines
to prevent the introduction and spread of nonindigenous species
into U.S. waters via ballast water of commercial vessels. The
primary means of prevention is exchange of ballast water on the
high seas. The guidelines apply to vessels equipped with ballast
water tanks and directs vessels that enter U.S. waters after
operating beyond the exclusive economic zone to undertake
ballast exchange in the high seas. The Secretary shall establish
record keeping and reporting procedures and sampling
techniques, based upon the best science available, to monitor
compliance. A vessel is not required to conduct a ballast water
exchange if the master decides that the exchange threatens the
safety or stability of the vessel, its crew, or its passengers.

National Ballast Water Management Information. The Task
Force and the Secretary of Transportation shall conduct
ecological and ballast discharge surveys in waters highly
susceptible to invasion or requiring further study. Ecological
surveys (Department of Interior authorized $1 million/year for 6
years) will examine attributes and patterns of nonindigenous
species invasions and the effectiveness of ballast management
and the guidelines used in abating the invasions. The rate of
ballast discharge, types of ballast practices, and effectiveness of
the guidelines developed under this section also will be examined
in these waters in a ballast discharge survey (Department of
Transportation authorized $1 million/year for 6 years).

Compliance with and effectiveness of the guidelines will be
reviewed periodically by the Secretary of Transportation. The
Secretary shall submit a report on its findings to Congress within
30 months of issuing the guidelines. If the review reveals
compliance or reporting inadequacies, the Secretary may
promulgate region-specific regulations to enforce the voluntary
guidelines 6 months after issuing the report to Congress. The
Secretary shall revise the regulations in order to be consistent
with any international measure agreed to by the United States.
The Secretary shall ensure that U.S. and foreign flag vessels
receive equal treatment under the Act.

In developing guidelines, the Secretary of Transportation should
consult and negotiate with foreign governments, such as Canada
and Mexico. Further, other agencies, such as APHIS, should be
utilized to streamline reporting to the extent practicable.

The Secretary of Transportation in consultation with the Under
Secretary of Commerce for Oceans and Atmosphere, affected
shoreside ballast water facility operators, affected crude oil
tanker operators, and interested parties shall study the
effectiveness of the shoreside ballast water facility in Alaska in
preventing the introduction of nonindigenous aquatic species. In
addition, the cost and feasibility of modifying the facility to
improve its effectiveness will be studied.

The Department of Transportation is authorized $2 million for
fiscal years 1997 and 1998, and $3 million for each of fiscal
years 1999-2002 to implement the ballast management
programs.
Section 1102:
National Ballast Water Management Information. The Task
Force and the Secretary of Transportation shall conduct
ecological and ballast discharge surveys in waters highly
susceptible to invasion or requiring further study. Ecological
surveys (Department of Interior authorized $1 million/year for 6
years) will examine attributes and patterns of nonindigenous
species invasions and the effectiveness of ballast management
and the guidelines used in abating the invasions. The rate of
ballast discharge, types of ballast practices, and effectiveness of
the guidelines developed under this section also will be examined
in these waters in a ballast discharge survey (Department of
Transportation authorized $1 million/year for 6 years).

Regional research grants may be made available by the Under
Secretary of Commerce to fund research on aquatic nuisance
species prevention and control in the Chesapeake Bay, Gulf of
Mexico, Pacific Coast, Atlantic Coast, and the San Francisco
Bay-Delta Estuary (Fish and Wildlife is authorized $3
million/year for 6 years).

The Secretary of Transportation, in consultation and cooperation
with the Task Force and the Smithsonian Institution, shall
develop and maintain a clearinghouse of national data on
ballasting practices, compliance with the national ballast
management guidelines, and other information. A report
synthesizing and analyzing the data collected shall be prepared
by the Secretary and submitted to the Task Force and Congress
on a biannual basis. The Department of Transportation is
authorized $0.5 million/year for 6 years for the clearinghouse.
Section 1103:
Armed Services Ballast Water Program. The Secretary of
Defense shall implement a ballast water management program
for seagoing vessels of the Department of Defense. The
Secretary of Transportation shall implement a ballast water
management program for seagoing vessels of the Coast Guard.
Section 1104:
Ballast Water Management Demonstration Program. The
Secretary of the Interior and the Secretary of Commerce, with
the concurrence of and in cooperation with the Secretary of
Transportation, are instructed to undertake a demonstration of
technologies and practices which may prevent introduction and
spread of nonindigenous species through ballast discharge. The
demonstration program is authorized at $2.5 million over 3
years. Installation and construction of technologies will occur in
the U.S. Currently active vessels with ballast systems in common
usage documented under U.S. law are eligible to participate in
demonstrations. Priority in selecting technologies and practices
to demonstrate shall be given to those identified as promising in a
NRC Marine Board study. The results of the demonstration
project shall be presented to Congress within 3 years.
Section 1201:
Establishment of Task Force. The Chesapeake Bay Program
and the San Francisco Bay-Delta Estuary Program shall have
official designees on the Aquatic Nuisance Species Task Force.
Section 1202:
Aquatic Nuisance Species Program. The Secretary of
Transportation shall issue guidelines developed by the Task
Force to control the spread of zebra mussels and other aquatic
nuisance species via recreational activities, such as boating and
fishing, within 1 year.

The EPA is authorized $500,000 over 6 years for research
grants to identify methods for controlling the dispersal and
spread of invading species. The Department of the Army is
authorized to receive $750,000 over 6 years to identify methods
for preventing and reducing the dispersal of nonindigenous
species through the Chicago Shipping and Sanitary Canal into
the Mississippi River drainage.
Section 1203:
Regional Coordination. Regional panels are encouraged to
form and participate in activities to control introduction of
aquatic nuisance species. A Western Regional Panel will identify
priorities and make recommendations on an education,
monitoring, prevention and control program to prevent the
spread of aquatic nuisance species to the Western region. The
Department of the Interior is authorized to receive $0.3
million/year for 6 years to fund regional panels.
Section 1204:
State or Interstate Invasive Species Management Plans.
Invasive species management plans may be prepared by state,
interstate, or Indian tribal governments for technical,
enforcement, or financial assistance to reduce the risk of
nonindigenous species invasions. The Department of Interior is
authorized to receive $4 million/year for 6 years for state
management plans.

Source: http://www.nemw.org/nisa.htm