16 U.S.C. § 4724 — State aquatic nuisance species manage-

Page 2510 TITLE 16—CONSERVATION § 4724 1 See References in Text note below. § 4724. State aquatic nuisance species manage- ment plans (a) State or interstate invasive species manage- ment plans (1) In general After providing notice and opportunity for public comment, the Governor of each State may prepare and submit, or the Governors of the States and the governments of the Indian tribes involved in an interstate organization, may jointly prepare and submit— (A) a comprehensive management plan to the Task Force for approval which identifies those areas or activities within the State or within the interstate region involved, other than those related to public facilities, for which technical, enforcement, or financial assistance (or any combination thereof) is needed to eliminate or reduce the environ- mental, public health, and safety risks asso- ciated with aquatic nuisance species, par- ticularly the zebra mussel; and (B) a public facility management plan to the Assistant Secretary for approval which is limited solely to identifying those public facilities within the State or within the interstate region involved for which tech- nical and financial assistance is needed to reduce infestations of zebra mussels. (2) Content Each plan shall, to the extent possible, iden- tify the management practices and measures that will be undertaken to reduce infestations of aquatic nuisance species. Each plan shall— (A) identify and describe State and local programs for environmentally sound preven- tion and control of the target aquatic nui- sance species; (B) identify Federal activities that may be needed for environmentally sound preven- tion and control of aquatic nuisance species and a description of the manner in which those activities should be coordinated with State and local government activities; (C) identify any authority that the State (or any State or Indian tribe involved in the interstate organization) does not have at the time of the development of the plan that may be necessary for the State (or any State or Indian tribe involved in the interstate or- ganization) to protect public health, prop- erty, and the environment from harm by aquatic nuisance species; and (D) a schedule of implementing the plan, including a schedule of annual objectives, and enabling legislation. (3) Consultation (A) In developing and implementing a man- agement plan, the State or interstate organi- zation should, to the maximum extent prac- ticable, involve local governments and re- gional entities, Indian tribes, and public and private organizations that have expertise in the control of aquatic nuisance species. (B) Upon the request of a State or the appro- priate official of an interstate organization, the Task Force or the Assistant Secretary, as appropriate under paragraph (1), may provide technical assistance in developing and imple- menting a management plan. (4) Plan approval Within 90 days after the submission of a management plan, the Task Force or the As- sistant Secretary in consultation with the Task Force, as appropriate under paragraph (1), shall review the proposed plan and approve it if it meets the requirements of this sub- section or return the plan to the Governor or the interstate organization with recommended modifications. (b) Grant program (1) State grants The Director may, at the recommendation of the Task Force, make grants to States with management plans approved under subsection (a) for the implementation of those plans. (2) Application An application for a grant under this sub- section shall include an identification and de- scription of the best management practices and measures which the State proposes to uti- lize in implementing an approved management plan with any Federal assistance to be pro- vided under the grant. (3) Federal share (A) The Federal share of the cost of each comprehensive management plan implemented with Federal assistance under this section in any fiscal year shall not exceed 75 percent of the cost incurred by the State in imple- menting such management program and the non-Federal share of such costs shall be pro- vided from non-Federal sources. (B) The Federal share of the cost of each public facility management plan implemented with Federal assistance under this section in any fiscal year shall not exceed 50 percent of the cost incurred by the State in imple- menting such management program and the non-Federal share of such costs shall be pro- vided from non-Federal sources. (4) Administrative costs For the purposes of this section, administra- tive costs for activities and programs carried out with a grant in any fiscal year shall not exceed 5 percent of the amount of the grant in that year. (5) In-kind contributions In addition to cash outlays and payments, in-kind contributions of property or personnel services by non-Federal interests for activities under this section may be used for the non- Federal share of the cost of those activities. (c) Enforcement assistance Upon request of a State or Indian tribe, the Director or the Under Secretary, to the extent allowable by law and in a manner consistent with section 141 1 of title 14, may provide assist- ance to a State or Indian tribe in enforcing an approved State or interstate invasive species management plan. (Pub. L. 101–646, title I, § 1204, Nov. 29, 1990, 104 Stat. 4770; Pub. L. 104–332, § 2(e)(6), (h)(1), Oct. 26, Page 2511 TITLE 16—CONSERVATION § 4726 1996, 110 Stat. 4089, 4091; Pub. L. 117–263, div. K, title CXIII, § 11327(e)(4), Dec. 23, 2022, 136 Stat. 4098.) Editorial Notes REFERENCES IN TEXT Section 141 of title 14, referred to in subsec. (c), was redesignated section 701 of title 14 by Pub. L. 115–282, title I, § 106(b), Dec. 4, 2018, 132 Stat. 4203, and references to section 141 of title 14 deemed to refer to such redes- ignated section, see section 123(b)(1) of Pub. L. 115–282, set out as a References to Sections of Title 14 as Redes- ignated by Pub. L. 115–282 note preceding section 101 of Title 14, Coast Guard. AMENDMENTS 2022—Subsec. (b)(4). Pub. L. 117–263 substituted ‘‘Ad- ministrative’’ for ‘‘Adminisrative’’ in heading. 1996—Pub. L. 104–332, § 2(h)(1), made technical amend- ment to Pub. L. 101–646, § 1204, which enacted this sec- tion. Subsec. (a). Pub. L. 104–332, § 2(e)(6)(A)(i), substituted ‘‘State or interstate invasive species management plans’’ for ‘‘State plan’’ in heading. Subsec. (a)(1). Pub. L. 104–332, § 2(e)(6)(A)(ii)(I), sub- stituted ‘‘After providing notice and opportunity for public comment, the Governor of each State may pre- pare and submit, or the Governors of the States and the governments of the Indian tribes involved in an inter- state organization, may jointly prepare and submit’’ for ‘‘The Governor of each State may, after notice and opportunity for public comment, prepare and submit’’ in introductory provisions. Subsec. (a)(1)(A). Pub. L. 104–332, § 2(e)(6)(A)(ii)(II), (III), inserted ‘‘or within the interstate region in- volved’’ after ‘‘within the State’’ and substituted ‘‘technical, enforcement, or financial assistance (or any combination thereof)’’ for ‘‘technical and financial as- sistance’’. Subsec. (a)(1)(B). Pub. L. 104–332, § 2(e)(6)(A)(ii)(III), inserted ‘‘or within the interstate region involved’’ after ‘‘within the State’’. Subsec. (a)(2)(B). Pub. L. 104–332, § 2(e)(6)(A)(iii)(I), struck out ‘‘and’’ at end. Subsec. (a)(2)(C). Pub. L. 104–332, § 2(e)(6)(A)(iii)(III), added subpar. (C). Former subpar. (C) redesignated (D). Subsec. (a)(2)(D). Pub. L. 104–332, § 2(e)(6)(A)(iii)(II), (IV), redesignated subpar. (C) as (D) and inserted ‘‘, and enabling legislation’’ before period. Subsec. (a)(3)(A). Pub. L. 104–332, § 2(e)(6)(A)(iv)(I), in- serted ‘‘or interstate organization’’ after ‘‘the State’’ and ‘‘Indian tribes,’’ after ‘‘local governments and re- gional entities,’’. Subsec. (a)(3)(B). Pub. L. 104–332, § 2(e)(6)(A)(iv)(II), in- serted ‘‘or the appropriate official of an interstate or- ganization’’ after ‘‘a State’’. Subsec. (a)(4). Pub. L. 104–332, § 2(e)(6)(A)(v), inserted ‘‘or the interstate organization’’ after ‘‘the Governor’’. Subsec. (b)(1). Pub. L. 104–332, § 2(e)(6)(B), struck out ‘‘or the Assistant Secretary, as appropriate under sub- section (a),’’ after ‘‘The Director’’ and substituted ‘‘management plans approved under subsection (a)’’ for ‘‘approved management plans’’. Subsec. (c). Pub. L. 104–332, § 2(e)(6)(C), added subsec. (c). § 4725. Relationship to other laws (a) Consistency with environmental laws All actions taken by Federal agencies in im- plementing the provisions of section 4722 of this title shall be consistent with all applicable Fed- eral, State, and local environmental laws. (b) Effect of chapter (1) In general Except as provided in paragraph (2), nothing in this chapter shall affect the authority of any State or political subdivision thereof to adopt or enforce control measures for aquatic nuisance species, or diminish or affect the ju- risdiction of any State over species of fish and wildlife. (2) Exception Any discharge incidental to the normal op- eration of a vessel, including any discharge of ballast water (as those terms are defined in subsections (a) and (p)(1) of section 1322 of title 33), shall be regulated in accordance with that section. (c) Effect of compliance Compliance with the control and eradication measures of any State or political subdivision thereof regarding aquatic nuisance species shall not relieve any person of the obligation to com- ply with the provisions of this subchapter. (Pub. L. 101–646, title I, § 1205, Nov. 29, 1990, 104 Stat. 4771; Pub. L. 104–332, § 2(h)(1), Oct. 26, 1996, 110 Stat. 4091; Pub. L. 115–282, title IX, § 903(h)(2), Dec. 4, 2018, 132 Stat. 4363.) Editorial Notes REFERENCES IN TEXT This chapter, referred to in subsec. (b)(1), was in the original ‘‘this title’’, meaning title I of Pub. L. 101–646, Nov. 29, 1990, 104 Stat. 4761, known as the Nonindige- nous 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 under section 4701 of this title and Tables. AMENDMENTS 2018—Subsec. (a). Pub. L. 115–282, § 903(h)(2)(C), des- ignated first sentence as subsec. (a) and inserted head- ing. Subsec. (b). Pub. L. 115–282, § 903(h)(2)(B), (D), des- ignated second sentence as subsec. (b)(1), inserted sub- sec. (b) and par. (1) headings, substituted ‘‘Except as provided in paragraph (2), nothing’’ for ‘‘Nothing’’, and added par. (2). Subsec. (c). Pub. L. 115–282, § 903(h)(2)(A), designated third sentence as subsec. (c) and inserted heading. 1996—Pub. L. 104–332 made technical amendment to Pub. L. 101–646, § 1205, which enacted this section. § 4726. International cooperation (a) Advice The Task Force shall provide timely advice to the Secretary of State concerning aquatic nui- sance species that infest waters shared with other countries. (b) Negotiations The Secretary of State, in consultation with the Task Force, is encouraged to initiate nego- tiations with the governments of foreign coun- tries concerning the planning and implementa- tion of prevention, monitoring, research, edu- cation, and control programs related to aquatic nuisance species infesting shared water re- sources. (Pub. L. 101–646, title I, § 1206, Nov. 29, 1990, 104 Stat. 4771; Pub. L. 104–332, § 2(h)(1), Oct. 26, 1996, 110 Stat. 4091.) Editorial Notes AMENDMENTS 1996—Pub. L. 104–332 made technical amendment to Pub. L. 101–646, § 1206, which enacted this section.