16 U.S.C. § 8426 | Aquatic resource activities assistance

(a)

Definitions

In this section:

(1)

Aquatic Nuisance Species Task Force

section 4721(a) of this titleThe term “Aquatic Nuisance Species Task Force” means the Aquatic Nuisance Species Task Force established by .

(2)

Decontamination

The term “decontamination” means actions to remove aquatic nuisance species to prevent introduction or spread into new aquatic ecosystems.

(3)

Federal land and water

The term “Federal land and water” means Federal land and water operated and maintained by the Bureau of Land Management, the U.S. Fish and Wildlife Service, the Bureau of Reclamation, the Forest Service, or the National Park Service, as applicable.

(4)

Indian Tribe

section 5304 of title 25The term “Indian Tribe” has the meaning given such term in .

(5)

Inspection

The term “inspection” means actions to find aquatic nuisance species to prevent introduction or spread into new aquatic ecosystems.

(6)

Partner

The term “partner” means—

(A)

a Reclamation State;

(B)

an Indian Tribe in a Reclamation State;

(C)

an applicable nonprofit organization in a Reclamation State;

(D)

a unit of local government in a Reclamation State; or

(E)

a private entity.

(7)

Reclamation State

The term “Reclamation State” includes any of the following States:

(A)

Alaska.

(B)

Arizona.

(C)

California.

(D)

Colorado.

(E)

Idaho.

(F)

Kansas.

(G)

Montana.

(H)

Nebraska.

(I)

Nevada.

(J)

New Mexico.

(K)

North Dakota.

(L)

Oklahoma.

(M)

Oregon.

(N)

South Dakota.

(O)

Texas.

(P)

Utah.

(Q)

Washington.

(R)

Wyoming.

(8)

Reclamation project

1l So in original. “Reclamation” is capitalized in this term in section 460–32(3) of this title and in this section.

lThe term “reclamation  project” has the meaning given such term in section 460–32(3) of this title.

(9)

Secretaries

The term “Secretaries” means each of the following:

(A)

The Secretary, acting through the Director of the Bureau of Land Management, the Commissioner of Reclamation, and the Director of the National Park Service.

(B)

The Secretary of Agriculture, acting through the Chief of the Forest Service.

(10)

Vessel

The term “vessel” means any watercraft or other contrivance used or designed for transportation or navigation on, under, or immediately above, water.

(b)

Authority of Bureau of Land Management, Bureau of Reclamation, National Park Service, and Forest Service with respect to certain aquatic resource activities on Federal land and waters

(1)

In general

The head of each Federal land management agency is authorized to carry out inspections and decontamination of vessels entering or leaving Federal land and waters under the jurisdiction of the respective Federal land management agency.

(2)

Requirements

The Secretaries shall—

(A)

in carrying out an inspection and decontamination under paragraph (1), coordinate with 1 or more partners;

(B)

consult with the Aquatic Nuisance Species Task Force to identify potential improvements and efficiencies in the detection and management of aquatic nuisance species on Federal land and water; and

(C)

to the maximum extent practicable, inspect and decontaminate vessels in a manner that minimizes disruptions to public access for boating and recreation in noncontaminated vessels.

(3)

Partnerships

The Secretaries may enter into a partnership to lead, collaborate with, or provide technical assistance to a partner—

(A)

to carry out an inspection or decontamination of vessels; or

(B)

to establish an inspection and decontamination station for vessels.

(4)

Limitation

The Secretaries shall not prohibit access to vessels due solely to the absence of a Federal, State, or partner’s inspection program or station.

(5)

Exceptions

(A)

Authority to regulate vessels

Nothing in this section shall be construed to limit the authority of the Commandant of the Coast Guard to regulate vessels provided under any other provision of law.

(B)

Applicability

Authorities granted in this subsection shall not apply at locations where inspection or decontamination activities would duplicate efforts by the Coast Guard.

(6)

Data sharing

The Secretaries shall make available to a Reclamation State any relevant data gathered related to inspections or decontaminations carried out under this subsection in such State.

(c)

Grant program for Reclamation States for vessel inspection and decontamination stations

(1)

Vessels inspections in Reclamation States

Subject to the availability of appropriations, the Secretary, acting through the Commissioner of Reclamation, shall establish a competitive grant program to provide financial assistance to partners to conduct inspections and decontamination of vessels operating in Reclamation projects, including to purchase, establish, operate, or maintain a vessel inspection and decontamination station.

(2)

Cost share

The Federal share of the cost of a grant under paragraph (1), including personnel costs, shall not exceed 75 percent.

(3)

Standards

Before awarding a grant under paragraph (1), the Secretary shall determine that the project is technically and financially feasible.

(4)

Coordination

In carrying out this subsection, the Secretary shall coordinate with—

(A)

each of the Reclamation States;

(B)

affected Indian Tribes; and

(C)

the Aquatic Nuisance Species Task Force.

Pub. L. 118–234, title I, § 128Jan. 4, 2025138 Stat. 2856 (, , .)