16 U.S.C. § 666c–1 — Protection of water, oceans, coasts, and wildlife from invasive species

(a) Definitions. In this section:

(1) “Control” means eradicating, suppressing, or reducing an invasive species population in the area where that species is present.

(2) “Ecosystem” means a community of organisms together with their environment.

(3) “Eligible State” means any of the following: (A) a State; (B) the District of Columbia; (C) Puerto Rico; (D) Guam; (E) American Samoa; (F) the Northern Mariana Islands; or (G) the United States Virgin Islands.

(4) “Invasive species” means an alien species whose introduction causes, or is likely to cause, economic harm, environmental harm, or harm to human health. For this definition, “alien species,” as to a particular ecosystem, means any species—including its seeds, eggs, spores, or other biological material capable of reproducing the species—that is not native to the affected ecosystem.

(5) “Manage” and “management,” as to an invasive species, mean actively carrying out an activity to reduce or stop the species’ spread or to prevent further infestations, spread, or harm caused by the species. This includes investigating methods for early detection and rapid response, prevention, control, or management.

(6) “Prevent,” as to an invasive species, means either (A) hindering its introduction onto land or water, or (B) stopping its spread on land or water by inspecting, intercepting, or confiscating threats from the species before it becomes established on land or water of an eligible State.

(7) “Secretary concerned” means: (A) the Secretary of the Army, for Federal land administered by the Corps of Engineers; (B) the Secretary of the Interior, for Federal land administered through the Fish and Wildlife Service, Bureau of Indian Affairs, Bureau of Land Management, Bureau of Reclamation, or National Park Service; (C) the Secretary of Agriculture, for Federal land administered through the Forest Service; and (D) the head or a representative of any other Federal agency whose duties require planning for and treating invasive species to protect water and wildlife on land and coasts and in oceans and water.

(8) “Species” means a group of organisms that all (A) have a high degree of genetic similarity; (B) are morphologically distinct; (C) generally interbreed at maturity only with one another and produce fertile offspring; and (D) show lasting differences from members of related groups of organisms.

(b) Control and management. Each Secretary concerned must plan and carry out activities on land that the Secretary directly manages to protect water and wildlife by controlling and managing invasive species: (1) to inhibit or reduce invasive-species populations; and (2) to carry out restoration or reclamation efforts.

(c) Strategic plan. (1) Each Secretary concerned must develop a strategic plan to carry out the invasive-species program. To the greatest extent practicable, the plan must seek a real yearly net reduction in invasive-species populations or infested acreage on land or water managed by that Secretary.

(2) The plan must be developed (A) in coordination with affected relevant Federal agencies, eligible States, and political subdivisions of eligible States; (B) in consultation with stakeholders, including nonprofit organizations and industry; (C) in consultation with federally recognized Indian tribes; and (D) according to priorities established by one or more Governors of eligible States where an affected ecosystem is located.

(3) When developing the plan, the Secretary concerned must consider the economic and ecological costs of taking action or not taking action, as applicable.

(d) Cost-effective methods. When choosing a method for a specific invasive-species control or management project under a subsection (c) plan, the Secretary concerned must prioritize methods that (1) effectively control and manage invasive species, based on sound scientific data as determined by the Secretary; (2) minimize environmental effects; and (3) do the work in the most cost-effective way.

(e) Comparative economic assessment. To comply with subsection (d), the Secretary concerned must require a comparative economic assessment of invasive-species control and management methods.

(f) Expedited action. (1) The Secretaries concerned must use all tools and flexibilities available as of March 12, 2019, to speed up the projects and activities described in paragraph (2).

(2) These are projects or activities to protect water or wildlife from an invasive species that the Secretary concerned determines are, or will be, carried out on land or water directly managed by that Secretary and located in an area that (i) has a high risk of invasive-species introduction, establishment, or spread and (ii) the Secretary determines needs immediate action to address that risk. They must also follow applicable agency procedures, including any applicable land or resource management plan or land-use plan.

(g) Allocation of funding. Of the money appropriated or otherwise made available to each Secretary concerned for a fiscal year for programs addressing or including protection of land or water from an invasive species, the Secretary must use at least 75 percent for on-the-ground control and management. This may include: (1) buying necessary products, equipment, or services; (2) integrated pest management, including options using pesticides authorized under the Federal Insecticide, Fungicide, and Rodenticide Act (7 U.S.C. 136 et seq.); (3) biological control agents proven effective at reducing invasive-species populations; (4) revegetation or cultural-restoration methods designed to improve ecosystem diversity and richness; (5) monitoring and detection, including equipment, detection dogs, and mechanical devices; (6) suitable methods for removing invasive species from a vehicle or vessel capable of carrying them; and (7) other effective mechanical or manual control methods.

(h) Investigations, outreach, and public awareness. The Secretary concerned may use no more than 15 percent of that fiscal-year money for investigations, development activities, outreach, and public-awareness efforts addressing invasive-species control and management needs.

(i) Administrative costs. No more than 10 percent of that fiscal-year money may be used for administrative costs of those programs, including oversight and management, recordkeeping, and implementing the subsection (c) strategic plan.

(j) Reporting requirements. Within 60 days after the end of the second fiscal year that begins after March 12, 2019, each Secretary concerned must submit a report to Congress that (1) describes how the Secretary used funds during the two preceding fiscal years for programs addressing or including invasive-species management and (2) states the percentage spent for each purpose listed in subsections (g), (h), and (i).

(k) Relation to other authority. (1) Nothing here prevents the Secretary concerned from pursuing or supporting, under another law, an activity involving invasive-species control, prevention, or management, including investigations to improve that work.

(2) This section does not authorize the Secretary concerned to suspend water delivery or diversion, or otherwise stop a public water-supply system from operating, as a way to control, manage, or prevent an invasive species’ introduction or spread.

(l) Use of partnerships. Subject to subsections (m) and (n), the Secretary concerned may contract or enter into a cooperative agreement with another Federal agency, an eligible State, a federally recognized Indian tribe, a political subdivision of an eligible State, or a private person or entity to help control and manage an invasive species.

(m) Memorandum of understanding. (1) As a condition of such a contract or agreement, the Secretary concerned and the applicable Federal agency, eligible State, political subdivision, or private person or entity must enter into a memorandum of understanding describing (A) the nature of their partnership and (B) the control and management activities to be conducted.

(2) At a minimum, the memorandum must contain: (A) a prioritized list of each invasive species to be controlled or managed; (B) an assessment of the total infested land acreage or water area; (C) an estimate of the total infested acreage or water area expected after attempted control and management; (D) a description of each specific integrated pest-management option, including a comparative economic assessment identifying the least costly method; (E) any map, boundary, or GPS coordinates needed to clearly identify where each activity is proposed; and (F) written assurance that each partner will comply with section 2814 of title 7.

(3) If the partner is an eligible State, a political subdivision of an eligible State, or a private person or entity, the memorandum must describe (A) how each applicable effort will be coordinated and (B) the expected results of managing and controlling the species.

(4) If the contract or agreement involves outreach or public awareness, the memorandum must list goals and objectives for each such effort that have been determined to efficiently inform national, regional, State, Tribal, or local audiences about invasive-species control and management.

(n) Investigations. An investigation under such a contract or agreement must aim (1) to develop solutions and specific recommendations for controlling and managing invasive species and (2) specifically to make control and management methods faster to implement.

(o) Coordination with affected local governments. Each project and activity under this section must be coordinated with affected local governments in a way consistent with section 1712(c)(9) of title 43.

(p) Authorization of appropriations. For each fiscal year from 2021 through 2030, Congress may appropriate (1) $2,500,000 to the Secretary of the Army, acting through the Chief of Engineers, and (2) $2,500,000 to the Secretary of the Interior.