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

submitted 1 year ago by Pub. L. 118-234 to r/title-16-CONSERVATION · 768 words · no verdicts yet

in plain englishAI-generated · not legal advice

This law lets federal land agencies inspect and decontaminate boats to stop invasive aquatic species. It funds grants so Reclamation States, tribes, and private partners can run inspection stations. Agencies must work with partners and cannot block boat access just because no program exists yet.

(a) Definitions. This section defines the words used in the rest of the law: - "Aquatic Nuisance Species Task Force" means the task force set up by section 4721(a) of this title. - "Decontamination" means actions taken to remove invasive aquatic species so they don't spread to new waters. - "Federal land and water" means land and water run 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. - "Indian Tribe" has the meaning given in section 5304 of title 25. - "Inspection" means actions taken to find invasive aquatic species so they don't spread to new waters. - "Partner" means a Reclamation State; an Indian Tribe in a Reclamation State; a nonprofit in a Reclamation State; a local government in a Reclamation State; or a private entity. - "Reclamation State" is a list of 18 named states: Alaska, Arizona, California, Colorado, Idaho, Kansas, Montana, Nebraska, Nevada, New Mexico, North Dakota, Oklahoma, Oregon, South Dakota, Texas, Utah, Washington, and Wyoming. - "Reclamation project" has the meaning given in section 460l-32(3) of this title. - "Secretaries" means two officials acting through their agencies: the Secretary (through the Bureau of Land Management, the Bureau of Reclamation, and the National Park Service) and the Secretary of Agriculture (through the Forest Service). - "Vessel" means any watercraft or device built or used to travel on, under, or just above water. (b) Authority of the Bureau of Land Management, Bureau of Reclamation, National Park Service, and Forest Service. (1) In general: Each federal land agency's head can inspect and decontaminate boats entering or leaving the federal land and water it manages. (2) Requirements: When doing this, the Secretaries must team up with at least one partner, talk with the Aquatic Nuisance Species Task Force about ways to do detection and management better, and, as much as possible, inspect and decontaminate boats in a way that doesn't get in the way of clean boats' access to boating and recreation. (3) Partnerships: The Secretaries may partner with a partner to lead, work alongside, or give technical help for inspecting or decontaminating boats, or for setting up an inspection and decontamination station. (4) Limitation: The Secretaries cannot block boat access just because no federal, state, or partner inspection program or station exists there. (5) Exceptions: (A) Nothing here limits the Coast Guard Commandant's power to regulate vessels under other laws. (B) These powers don't apply anywhere they would duplicate work the Coast Guard is already doing. (6) Data sharing: The Secretaries must share with a Reclamation State any relevant data gathered from inspections or decontaminations done in that state. (c) Grant program for Reclamation States. (1) Vessel inspections: If Congress provides the money, the Secretary (through the Commissioner of Reclamation) must set up a competitive grant program giving money to partners to inspect and decontaminate boats on Reclamation projects, including buying, setting up, running, or maintaining an inspection and decontamination station. (2) Cost share: The federal government can pay no more than 75 percent of a grant's cost, including staff costs. (3) Standards: Before giving a grant, the Secretary must confirm the project is workable both technically and financially. (4) Coordination: In running this grant program, the Secretary must coordinate with each Reclamation State, affected Indian Tribes, and the Aquatic Nuisance Species Task Force.
the actual law source: uscode.house.gov ↗public domain
(a) Definitions

In this section:

(1) Aquatic Nuisance Species Task Force

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

(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

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

(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

The term “reclamation 1 project” has the meaning given such term in section 460l–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.

Source credit: (Pub. L. 118–234, title I, § 128, Jan. 4, 2025, 138 Stat. 2856.)

history & why it existsrecord from the source credit
  • 2025Enacted · Pub. L. 118-234 · 138 Stat. 2856

A history note hasn’t been published yet. The record shows enactment by Pub. L. 118-234 on 2025-01-04.

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