16 U.S.C. § 4701 — Findings and purposes

Page 2497 TITLE 16—CONSERVATION § 4701 in aid of the purposes of the TPIA Program, without regard to the provisions of title 5, that govern appointments in the competitive service, and the provisions of chapter 51 and subchapter III of chapter 53 of title 5, that relate to classi- fication and General Schedule pay rates. (b) Incidental expenses The Secretary is authorized to provide for the incidental expenses of such volunteers, such as transportation, uniforms, lodging, or subsist- ence. (c) Volunteers’ status as Federal employees (1) Except as otherwise provided in this sub- section, a volunteer shall not be deemed a Fed- eral employee and shall not be subject to the provisions of law relating to Federal employ- ment, including those provisions relating to hours of work, rates of compensation, leave, un- employment compensation, and Federal em- ployee benefits. (2) For purposes of chapter 171 of title 28 (com- monly referred to as the ‘‘Federal Tort Claims Act’’), a volunteer under this subsection shall be considered an employee of the government (as defined in section 2671 of such title). (3) For purposes of subchapter I of chapter 81 of title 5, relating to compensation to Federal employees for work injuries, a volunteer under this subsection shall be considered an employee (as defined in section 8101 of title 5). (Pub. L. 101–628, title XI, § 1105, Nov. 28, 1990, 104 Stat. 4502.) § 4605. Authority to execute contracts The Secretary is authorized to enter into con- tracts and cooperative agreements and generally to do any and all lawful acts necessary or appro- priate to further the purposes of the TPIA Pro- gram. (Pub. L. 101–628, title XI, § 1106, Nov. 28, 1990, 104 Stat. 4503.) § 4606. Distribution of appropriate items The Secretary is authorized to distribute pam- phlets and other such appropriate items in order to promote the purposes of the TPIA Program. (Pub. L. 101–628, title XI, § 1107, Nov. 28, 1990, 104 Stat. 4503.) § 4607. Slogan and logo The ‘‘Take Pride in America’’ slogan and logo, which are registered by the Department of the Interior, and the goodwill associated with such slogan and logo, shall be administered pursuant to the TPIA Program. (Pub. L. 101–628, title XI, § 1108, Nov. 28, 1990, 104 Stat. 4503.) § 4608. Authorization of appropriations (a) Department of the Interior There are authorized to be appropriated to the Secretary such sums as may be necessary to carry out the purposes of this chapter, not to ex- ceed the amount expended for such purposes for fiscal year 1990. (b) Other Federal agencies There are authorized to be appropriated to other Federal departments and agencies such sums as may be necessary to carry out the pro- visions of any other Take Pride in America pro- grams established by such departments or agen- cies. (Pub. L. 101–628, title XI, § 1109, Nov. 28, 1990, 104 Stat. 4503.) CHAPTER 67—AQUATIC NUISANCE PREVENTION AND CONTROL SUBCHAPTER I—GENERAL PROVISIONS Sec. 4701. Findings and purposes. 4702. Definitions. SUBCHAPTER II—PREVENTION OF UNINTEN- TIONAL INTRODUCTIONS OF NONINDIGENOUS AQUATIC SPECIES 4711. Repealed. 4712. National ballast water management informa- tion. 4713. Armed services ballast water programs. 4714. Ballast water management demonstration program. SUBCHAPTER III—PREVENTION AND CONTROL OF AQUATIC NUISANCE SPECIES DISPERSAL 4721. Establishment of Task Force. 4722. Aquatic nuisance species program. 4723. Regional coordination. 4724. State aquatic nuisance species management plans. 4725. Relationship to other laws. 4726. International cooperation. 4727. Intentional introductions policy review. 4728. Brown tree snake control program. 4729. Coastal Aquatic Invasive Species Mitigation Grant Program and Mitigation Fund. 4730. Great Lakes and Lake Champlain Invasive Species Program. SUBCHAPTER IV—AUTHORIZATION OF APPROPRIATIONS 4741. Authorization of appropriations. SUBCHAPTER V—COOPERATIVE ENVIRONMENTAL ANALYSES 4751. Environmental impact analyses. SUBCHAPTER I—GENERAL PROVISIONS § 4701. Findings and purposes (a) Findings The Congress finds that— (1) the discharge of untreated water in the ballast tanks of vessels and through other means results in unintentional introductions of nonindigenous species to fresh, brackish, and saltwater environments; (2) when environmental conditions are favor- able, nonindigenous species become estab- lished, may compete with or prey upon native species of plants, fish, and wildlife, may carry diseases or parasites that affect native species, and may disrupt the aquatic environment and economy of affected nearshore areas; (3) the zebra mussel was unintentionally in- troduced into the Great Lakes and has in- fested— (A) waters south of the Great Lakes, into a good portion of the Mississippi River drainage; (B) waters west of the Great Lakes, into the Arkansas River in Oklahoma; and Page 2498 TITLE 16—CONSERVATION § 4701 (C) waters east of the Great Lakes, into the Hudson River and Lake Champlain; (4) the potential economic disruption to communities affected by the zebra mussel due to its colonization of water pipes, boat hulls and other hard surfaces has been estimated at $5,000,000,000 by the year 2000, and the poten- tial disruption to the diversity and abundance of native fish and other species by the zebra mussel and ruffe, round goby, and other non- indigenous species could be severe; (5) the zebra mussel was discovered on Lake Champlain during 1993 and the opportunity ex- ists to act quickly to establish zebra mussel controls before Lake Champlain is further in- fested and management costs escalate; (6) in 1992, the zebra mussel was discovered at the northernmost reaches of the Chesa- peake Bay watershed; (7) the zebra mussel poses an imminent risk of invasion in the main waters of the Chesa- peake Bay; (8) since the Chesapeake Bay is the largest recipient of foreign ballast water on the East Coast, there is a risk of further invasions of other nonindigenous species; (9) the zebra mussel is only one example of thousands of nonindigenous species that have become established in waters of the United States and may be causing economic and eco- logical degradation with respect to the nat- ural resources of waters of the United States; (10) since their introduction in the early 1980’s in ballast water discharges, ruffe— (A) have caused severe declines in popu- lations of other species of fish in Duluth Harbor (in Minnesota and Wisconsin); (B) have spread to Lake Huron; and (C) are likely to spread quickly to most other waters in North America if action is not taken promptly to control their spread; (11) examples of nonindigenous species that, as of October 26, 1996, infest coastal waters of the United States and that have the potential for causing adverse economic and ecological effects include— (A) the mitten crab (Eriocher sinensis) that has become established on the Pacific Coast; (B) the green crab (Carcinus maenas) that has become established in the coastal waters of the Atlantic Ocean; (C) the brown mussel (Perna perna) that has become established along the Gulf of Mexico; and (D) certain shellfish pathogens; (12) many aquatic nuisance vegetation spe- cies, such as Eurasian watermilfoil, hydrilla, water hyacinth, and water chestnut, have been introduced to waters of the United States from other parts of the world causing or having a potential to cause adverse environmental, eco- logical, and economic effects; (13) if preventive management measures are not taken nationwide to prevent and control unintentionally introduced nonindigenous aquatic species in a timely manner, further in- troductions and infestations of species that are as destructive as, or more destructive than, the zebra mussel or the ruffe infesta- tions may occur; (14) once introduced into waters of the United States, aquatic nuisance species are unintentionally transported and introduced into inland lakes and rivers by recreational boaters, commercial barge traffic, and a vari- ety of other pathways; and (15) resolving the problems associated with aquatic nuisance species will require the par- ticipation and cooperation of the Federal Gov- ernment and State governments, and invest- ment in the development of prevention tech- nologies. (b) Purposes The purposes of this chapter are— (1) to prevent unintentional introduction and dispersal of nonindigenous species into waters of the United States through ballast water management and other requirements; (2) to coordinate federally conducted, fund- ed, or authorized research, prevention control, information dissemination and other activi- ties regarding the zebra mussel and other aquatic nuisance species; (3) to develop and carry out environmentally sound control methods to prevent, monitor and control unintentional introductions of nonindigenous species from pathways other than ballast water exchange; (4) to understand and minimize economic and ecological impacts of nonindigenous aquatic nuisance species that become estab- lished, including the zebra mussel; and (5) to establish a program of research and technology development and assistance to States in the management and removal of zebra mussels. (Pub. L. 101–646, title I, § 1002, Nov. 29, 1990, 104 Stat. 4761; Pub. L. 104–182, title III, § 308(a), Aug. 6, 1996, 110 Stat. 1689; Pub. L. 104–332, § 2(a)(1), (h)(1), Oct. 26, 1996, 110 Stat. 4073, 4091; Pub. L. 117–263, div. K, title CXIII, § 11327(e)(1), Dec. 23, 2022, 136 Stat. 4097.) Editorial Notes REFERENCES IN TEXT This chapter, referred to in subsec. (b), was in the original ‘‘this Act’’, which, to reflect the probable in- tent of Congress, was translated as reading ‘‘this title’’ meaning title I of Pub. L. 101–646, Nov. 29, 1990, 104 Stat. 4761, known as the Nonindigenous Aquatic Nuisance Prevention and Control Act of 1990, which is classified principally to this chapter. For complete classification of title I to the Code, see Short Title note set out below and Tables. AMENDMENTS 2022—Subsec. (b)(2). Pub. L. 117–263 inserted comma after ‘‘funded’’. 1996—Pub. L. 104–332, § 2(h)(1), made technical amend- ment to Pub. L. 101–646, § 1002, which enacted this sec- tion. Subsec. (a)(2), (3). Pub. L. 104–332, § 2(a)(1)(A), added pars. (2) and (3) and struck out former pars. (2) and (3) which read as follows: ‘‘(2) when environmental conditions are favorable, nonindigenous species, such as the zebra mussel (Dreissena polymorpha), become established and may disrupt the aquatic environment and economy of af- fected coastal areas; ‘‘(3) the zebra mussel was unintentionally introduced into the Great Lakes and, if left uncontrolled, is ex- pected to infest over two-thirds of the continental Page 2499 TITLE 16—CONSERVATION § 4702 United States through the unintentional transpor- tation of larvae and adults by vessels operating in in- land waters;’’. Subsec. (a)(4). Pub. L. 104–332, § 2(a)(1)(B)(i), inserted ‘‘by the zebra mussel and ruffe, round goby, and other nonindigenous species’’ after ‘‘other species’’. Subsec. (a)(5). Pub. L. 104–182 added par. (5). Subsec. (a)(6) to (15). Pub. L. 104–332, § 2(a)(1)(B)(ii), (C), (D), added pars. (6) to (15). Statutory Notes and Related Subsidiaries SHORT TITLE OF 1996 AMENDMENT Pub. L. 104–332, § 1(a), Oct. 26, 1996, 110 Stat. 4073, pro- vided that: ‘‘This Act [enacting sections 4713 and 4714 of this title, amending sections 941 to 941g, 4701, 4702, 4711, 4712, 4721 to 4728, 4741 and 4751 of this title, section 42 of Title 18, Crimes and Criminal Procedure, and section 2761 of Title 33, Navigation and Navigable Waters, en- acting provisions set out as a note under this section, and amending provisions set out as notes under this section, section 941 of this title, and section 2701 of Title 33] may be cited as the ‘National Invasive Species Act of 1996’.’’ SHORT TITLE Pub. L. 101–646, title I, § 1001, Nov. 29, 1990, 104 Stat. 4761, as amended by Pub. L. 104–332, § 2(h)(1), Oct. 26, 1996, 110 Stat. 4091, provided that: ‘‘This title [enacting this chapter and amending section 42 of Title 18, Crimes and Criminal Procedure] may be cited as the ‘Non- indigenous Aquatic Nuisance Prevention and Control Act of 1990’.’’ INVASIVE SPECIES IN ALPINE LAKES PILOT PROGRAM Pub. L. 116–260, div. AA, title V, § 507, Dec. 27, 2020, 134 Stat. 2749, as amended by Pub. L. 117–263, div. H, title LXXXI, § 8382(b), Dec. 23, 2022, 136 Stat. 3828; Pub. L. 118–272, div. A, title III, § 1303(b), Jan. 4, 2025, 138 Stat. 3114, provided that: ‘‘(a) ESTABLISHMENT.—The Secretary of the Interior, acting through the Director of the United States Fish and Wildlife Service, shall establish a pilot program (referred to in this section as the ‘pilot program’) to de- velop and carry out effective measures necessary to prevent, control, or eradicate aquatic invasive species in alpine lakes that are not located within a unit of the National Park System. ‘‘(b) PARTNERSHIPS.—The Secretary of the Interior, acting through the Director of the United States Fish and Wildlife Service, shall offer to enter into a partner- ship to carry out the pilot program with— ‘‘(1) any relevant partnering Federal agency; and ‘‘(2) any relevant compact agency organized with the consent of Congress under article I, section 10 of the Constitution of the United States. ‘‘(c) AUTHORIZATION OF APPROPRIATIONS.—There is au- thorized to be appropriated to carry out the pilot pro- gram $25,000,000 for the period of fiscal years 2022 through 2030.’’ AQUATIC INVASIVE SPECIES PREVENTION Pub. L. 113–121, title I, § 1039(b), June 10, 2014, 128 Stat. 1237, as amended by Pub. L. 116–260, div. AA, title V, § 506, Dec. 27, 2020, 134 Stat. 2749, provided that: ‘‘(1) MULTIAGENCY EFFORT TO SLOW THE SPREAD OF ASIAN CARP IN THE MISSISSIPPI RIVER AND TRIBUTARIES, INCLUDING SUB-BASINS.— ‘‘(A) IN GENERAL.—The Director of the United States Fish and Wildlife Service, in coordination with the Secretary [of the Army], the Director of the National Park Service, and the Director of the United States Geological Survey, shall lead a multiagency effort to slow the spread of Asian carp in the Mis- sissippi River and tributaries, including the 6 sub-ba- sins of the River, by providing technical assistance, coordination, best practices, and support to State and local governments in carrying out activities designed to slow, and eventually eliminate, the threat posed by Asian carp. ‘‘(B) BEST PRACTICES.—To the maximum extent practicable, the multiagency effort shall apply les- sons learned and best practices such as those de- scribed in the document prepared by the Asian Carp Working Group entitled ‘Management and Control Plan for Bighead, Black, Grass, and Silver Carps in the United States’ and dated November 2007, the Mis- sissippi River Basin Asian Carp Control Strategy Framework, and the Asian Carp Regional Coordi- nating Committee’s Asian Carp Action Plan. ‘‘(2) REPORT TO CONGRESS.— ‘‘(A) IN GENERAL.—Not later than December 31, 2020, and biennially thereafter, the Director of the United States Fish and Wildlife Service, in coordination with the Secretary, shall submit to the Committee on Appropriations and the Committee on Environment and Public Works of the Senate and the Committee on Appropriations, the Committee on Natural Re- sources, and the Committee on Transportation and Infrastructure of the House of Representatives and make publicly available a report describing the co- ordinated strategies established and progress made toward the goals of controlling and eliminating Asian carp in the Mississippi River and tributaries, includ- ing the 6 sub-basins of the River. ‘‘(B) CONTENTS.—Each report submitted under sub- paragraph (A) shall include— ‘‘(i) any observed changes in the range of Asian carp in the Mississippi River and tributaries, in- cluding the 6 sub-basins of the River, during the 2- year period preceding submission of the report; ‘‘(ii) a summary of Federal agency efforts, includ- ing cooperative efforts with non-Federal partners, to control the spread of Asian carp in the Mis- sissippi River and tributaries, including the 6 sub- basins of the River; ‘‘(iii) any research that the Director determines could improve the ability to control the spread of Asian carp; ‘‘(iv) any quantitative measures that the Director intends to use to document progress in controlling the spread of Asian carp; and ‘‘(v) a cross-cut accounting of Federal and non- Federal expenditures to control the spread of Asian carp.’’ CONSTRUCTION OF 1996 AMENDMENT Pub. L. 104–332, § 3, Oct. 26, 1996, 110 Stat. 4092, pro- vided that: ‘‘Nothing in this Act [see Short Title of 1996 Amendment note above] or the amendments made by this Act is intended to affect the authorities and re- sponsibilities of the Great Lakes Fishery Commission established under article II of the Convention on Great Lakes Fisheries between the United States of America and Canada, signed at Washington on September 10, 1954 (hereafter in this section referred to as the ‘Con- vention’), including the authorities and responsibilities of the Great Lakes Fishery Commission— ‘‘(1) for developing and implementing a comprehen- sive program for eradicating or minimizing popu- lations of sea lamprey in the Great Lakes watershed; and ‘‘(2) carrying out the duties of the Commission specified in the Convention (including any amend- ment thereto) and the Great Lakes Fishery Act of 1956 (16 U.S.C. 931 et seq.).’’ REPORT ON ESTABLISHMENT OF PROGRAM Pub. L. 102–567, title II, § 203(b), Oct. 29, 1992, 106 Stat. 4281, provided that: ‘‘Not later than one year after the date of the enactment of this Act [Oct. 29, 1992], the Secretary of Commerce shall submit a report to the Congress on progress toward establishing a nonindige- nous aquatic nuisance prevention and control program within the National Oceanic and Atmospheric Adminis- tration and projected funding for such a program for the following five fiscal years.’’ § 4702. Definitions As used in this chapter, the term—