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16 U.S.C. § 4729 — Coastal Aquatic Invasive Species Mitigation Grant Program and Mitigation Fund

Federal law — U.S. Code and appendices · legal_authorities

16 U.S.C. § 4729 — Coastal Aquatic Invasive Species Mitigation Grant Program and Mitigation Fund

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Stable record: federal_law:legal_authorities:record_usc_e7ff1301f54b3797f7d5d7b4
Source file: Laws/federal/codes/united-states-code/title-16/section-4729-coastal-aquatic-invasive-species-mitigation-grant-program-and-mitigation--19446b1dc0.md
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Source location: Title 16, Chapter 67, § 4729; chapter-067-aquatic-nuisance-prevention-and-control.md

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(1) **Definitions** — In this section: (A) *Coastal zone* — The term “coastal zone” has the meaning given the term in [section 1453 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title16-section1453&num=0&edition=prelim). (B) *Eligible entity* — The term “eligible entity” means— (i) a State; (ii) a unit of local government; (iii) an Indian Tribe; (iv) a nongovernmental organization; and (v) an institution of higher education. (C) *Exclusive Economic Zone* — The term “Exclusive Economic Zone” means the Exclusive Economic Zone of the United States, as established by Presidential Proclamation 5030, dated March 10, 1983 ([16 U.S.C. 1453](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title16-section1453&num=0&edition=prelim) note). (D) *Foundation* — The term “Foundation” means the National Fish and Wildlife Foundation established by [section 3701(a) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title16-section3701/a&num=0&edition=prelim). (E) *Fund* — The term “Fund” means the Coastal Aquatic Invasive Species Mitigation Fund established by paragraph (3)(A). (F) *Program* — The term “Program” means the Coastal Aquatic Invasive Species Mitigation Grant Program established under paragraph (2)(A). (G) *Secretary* — The term “Secretary” means the Secretary of Commerce. (2) **Grant program** (A) *Establishment* — The Secretary and the Foundation shall establish a program, to be known as the “Coastal Aquatic Invasive Species Mitigation Grant Program”, under which the Secretary and the Foundation shall award grants to eligible entities in accordance with this paragraph. (B) *Purposes* — The purposes of the Program are— (i) to improve the understanding, prevention, and mitigation of, and response to, aquatic invasive species in— (I) the coastal zone; and (II) the Exclusive Economic Zone; (ii) to support the prevention and mitigation of impacts from aquatic invasive species in the coastal zone; and (iii) to support the restoration of Pacific Island habitats, marine, estuarine, and Great Lakes environments in the coastal zone and the Exclusive Economic Zone that are impacted by aquatic invasive species. (C) *Use of grants* (i) *In general* — A grant awarded under the Program shall be used for an activity to carry out the purposes of the Program, including an activity— (I) to develop and implement procedures and programs, including permissible State ballast water inspection programs, to prevent, detect, control, mitigate, and rapidly or progressively eradicate aquatic invasive species in the coastal zone or the Exclusive Economic Zone, particularly in areas with high numbers of established aquatic invasive species; (II) to restore habitat impacted by an aquatic invasive species; (III) to develop new shipboard and land-based ballast water treatment system technologies and performance standards to prevent the introduction of aquatic invasive species; (IV) to develop mitigation measures to protect natural and cultural living resources, including shellfish, from the impacts of aquatic invasive species; or (V) to develop mitigation measures to protect infrastructure, such as hydroelectric infrastructure, from aquatic invasive species. (ii) *Prohibition on funding litigation* — A grant awarded under the Program may not be used to fund litigation in any matter. (D) *Administration* — Not later than 90 days after December 4, 2018, the Foundation, in consultation with the Secretary, shall establish the following: (i) Application and review procedures for awarding grants under the Program. (ii) Approval procedures for awarding grants under the Program, including a requirement for consultation with— (I) the Secretary of the Interior; and (II) the Administrator. (iii) Performance accountability and monitoring measures for activities funded by a grant awarded under the Program. (iv) Procedures and methods to ensure accurate accounting and appropriate administration of grants awarded under the Program, including standards of recordkeeping. (E) *Matching requirement* — Each eligible entity that receives a grant under the Program shall provide, in cash or through in-kind contributions from non-Federal sources, matching funds to carry out the activities funded by the grant in an amount equal to not less than 25 percent of the cost of the activities. (F) *Funding* — The Secretary and the Foundation are authorized to use the amounts available in the Fund to award grants under the Program. (3) **Mitigation Fund** (A) *Establishment* — There is established in the Treasury of the United States a trust fund, to be known as the “Coastal Aquatic Invasive Species Mitigation Fund”, consisting of such amounts as are appropriated or credited to the Fund in accordance with this paragraph or [section 9602 of title 26](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title26-section9602&num=0&edition=prelim). (B) *Transfers to Fund* (i) *Appropriation* — There is authorized to be appropriated from the Treasury to the Fund, for each fiscal year, an amount equal to the amount of penalties assessed for violations of subsection (p) of [section 1322 of title 33](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title33-section1322&num=0&edition=prelim) during the preceding fiscal year. (ii) *Additional authorization* — In addition to the amounts transferred to the Fund under clause (i), there is authorized to be appropriated to the Fund $5,000,000 for each fiscal year. (C) *Use of Fund* — Subject to appropriations, the amounts in the Fund shall be available to the Secretary and the Foundation to award grants under the Program.

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Federal law — U.S. Code and appendices · legal_authorities

26 U.S.C. § 9602 — Transfer of amounts

The amounts appropriated by any section of subchapter A to any Trust Fund established by such subchapter shall be transferred at least monthly from the general fund of the Treasury to such Trust Fund on the basis of estimates made by the Secretary of the Treasury of the amounts referred to in such section. Proper adjustments shall be made in the amounts subsequently transferred to the extent prior estimates were in excess of or less than the amounts required to be transferred.

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Federal law — U.S. Code and appendices · legal_authorities

33 U.S.C. § 1322 — Marine sanitation devices; discharges incidental to the normal operation of vessels

**(a) Definitions** In this section, the term— (1) “new vessel” includes every description of watercraft or other artificial contrivance used, or capable of being used, as a means of transportation on the navigable waters, the construction of which is initiated after promulgation of standards and regulations under this section; (2) “existing vessel” includes every description of watercraft or other artificial contrivance used, or capable of being used, as a means of transportation on the navigable waters, the construction of which is initiated before promulgation of standards and regulations under this section; (3) “public vessel” means a vessel owned or bareboat chartered and operated by the United States, by a State or political subdivision thereof, or by a foreign nation, except when such vessel is engaged in commerce; (4) “United States” includes the States, the District of Columbia, the Commonwealth of Puerto Rico, the Virgin Islands, Guam, American Samoa, the Canal Zone, and the Trust Territory of the Pacific Islands; (5) “marine sanitation device” includes any equipment for installation on board a vessel which is designed to receive, retain, treat, or discharge sewage, and any process to treat such sewage; (6) “sewage” means human body wastes and the wastes from toilets and other receptacles intended to receive or retain body wastes except that, with respect to commercial vessels on the Great Lakes, such term shall include graywater; (7) “manufacturer” means any person engaged in the manufacturing, assembling, or importation of marine sanitation devices, marine pollution control device equipment, or vessels subject to standards and regulations promulgated under this section; (8) “person” means an individual, partnership, firm, corporation, association, or

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Federal law — U.S. Code and appendices · legal_authorities

16 U.S.C. § 1453 — Definitions

For purposes of this chapter— (1) The term “coastal zone” means the coastal waters (including the lands therein and thereunder) and the adjacent shorelands (including the waters therein and thereunder), strongly influenced by each other and in proximity to the shorelines of the several coastal states, and includes islands, transitional and intertidal areas, salt marshes, wetlands, and beaches. The zone extends, in Great Lakes waters, to the international boundary between the United States and Canada and, in other areas, seaward to the outer limit of State title and ownership under the Submerged Lands Act ([43 U.S.C. 1301](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title43-section1301&num=0&edition=prelim) et seq.), the Act of March 2, 1917 ([48 U.S.C. 749](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title48-section749&num=0&edition=prelim)) [[48 U.S.C. 731](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title48-section731&num=0&edition=prelim) et seq.], the Covenant to Establish a Commonwealth of the Northern Mariana Islands in Political Union with the United States of America, as approved by the Act of March 24, 1976 [[48 U.S.C. 1801](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title48-section1801&num=0&edition=prelim) et seq.], or section 1 of the Act of November 20, 1963 ([48 U.S.C. 1705](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title48-section1705&num=0&edition=prelim)), as applicable. The zone extends inland from the shorelines only to the extent necessary to control shorelands, the uses of which have a direct and significant impact on the coastal waters, and to control those geographical areas which are likely to be affected by or vulnerable to sea level rise. Excluded from the

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Federal law — U.S. Code and appendices · legal_authorities

16 U.S.C. § 1453 — Definitions

Page 1875 TITLE 16—CONSERVATION § 1453 ticable, of new commercial and industrial developments in or adjacent to areas where such development already exists, (E) public access to the coasts for recre- ation purposes, (F) assistance in the redevelopment of de- teriorating urban waterfronts and ports, and sensitive preservation and restoration of his- toric, cultural, and esthetic coastal features, (G) the coordination and simplification of procedures in order to ensure expedited gov- ernmental decisionmaking for the manage- ment of coastal resources, (H) continued consultation and coordina- tion with, and the giving of adequate consid- eration to the views of, affected Federal agencies, (I) the giving of timely and effective noti- fication of, and opportunities for public and local government participation in, coastal management decisionmaking, (J) assistance to support comprehensive planning, conservation, and management for living marine resources, including planning for the siting of pollution control and aqua- culture facilities within the coastal zone, and improved coordination between State and Federal coastal zone management agen- cies and State and wildlife agencies, and (K) the study and development, in any case in which the Secretary considers it to be ap- propriate, of plans for addressing the adverse effects upon the coastal zone of land subsid- ence and of sea level rise; and (3) to encourage the preparation of special area management plans which provide for in- creased specificity in protecting significant natural resources, reasonable coastal-depend- ent economic growth, improved protection of life and property in hazardous areas, including those areas likely to be affected by land sub- sidence, sea level rise, or fluctuating water

Source: Supplied 2024 U.S. Code historical extraction · 16 U.S.C. § 1453

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Federal law — U.S. Code and appendices · legal_authorities

16 U.S.C. § 4729 — Coastal Aquatic Invasive Species Mitiga-

Page 2512 TITLE 16—CONSERVATION § 4727 § 4727. Intentional introductions policy review Within one year of November 29, 1990, the Task Force shall, in consultation with State fish and wildlife agencies, other regional, State and local entities, potentially affected industries and other interested parties, identify and evaluate approaches for reducing the risk of adverse con- sequences associated with intentional introduc- tion of aquatic organisms and submit a report of their findings, conclusions and recommenda- tions to the Congress. (Pub. L. 101–646, title I, § 1207, Nov. 29, 1990, 104 Stat. 4771; Pub. L. 104–332, § 2(g), (h)(1), Oct. 26, 1996, 110 Stat. 4091.) Editorial Notes AMENDMENTS 1996—Pub. L. 104–332, § 2(h)(1), made technical amend- ment to Pub. L. 101–646, § 1207, which enacted this sec- tion. Pub. L. 104–332, § 2(g), substituted ‘‘Congress’’ for ‘‘ap- propriate Committees’’. § 4728. Brown tree snake control program The Task Force shall, within the program de- veloped under section 4722(a) of this title, under- take a comprehensive, environmentally sound program in coordination with regional, terri- torial, State and local entities to control the brown tree snake (Boiga irregularis) in Guam and other areas where the species is established outside of its historic range. (Pub. L. 101–646, title I, § 1209, Nov. 29, 1990, 104 Stat. 4772; Pub. L. 104–332, § 2(h)(1), Oct. 26, 1996, 110 Stat. 4091; Pub. L. 117–263, div. K, title CXIII, § 11327(e)(5), Dec. 23, 2022, 136 Stat. 4098.) Editorial Notes AMENDMENTS 2022—Pub. L. 117–263 substituted ‘‘section 4722(a) of this title’’ for ‘‘subsection (a)’’. 1996—Pub. L. 104–332 made technical amendment to Pub. L. 101–646, § 1209, which enacted this section. § 4729. Coastal Aquatic Invasive Specie

Source: Supplied 2024 U.S. Code historical extraction · 16 U.S.C. § 4729

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