16 U.S.C. § 4722 — Aquatic nuisance species program

Page 2505 TITLE 16—CONSERVATION § 4722 (A) enter into cooperative agreements with appropriate officials of other agencies of the Federal Government, agencies of States and political subdivisions thereof, and private entities; (B) accept funds, facilities, equipment, or personnel from other Federal agencies; and (C) accept donations of property and serv- ices. (2) Consultation and cooperation The Secretary of the Interior shall consult and cooperate with the International Mari- time Organization and the Task Force in car- rying out this section. (Pub. L. 101–646, title I, § 1104, as added Pub. L. 104–332, § 2(d), Oct. 26, 1996, 110 Stat. 4083.) SUBCHAPTER III—PREVENTION AND CON- TROL OF AQUATIC NUISANCE SPECIES DISPERSAL § 4721. Establishment of Task Force (a) Task Force There is hereby established an ‘‘Aquatic Nui- sance Species Task Force’’. (b) Membership Membership of the Task Force shall consist of— (1) the Director; (2) the Under Secretary; (3) the Administrator of the Environmental Protection Agency; (4) the Commandant of the United States Coast Guard; (5) the Assistant Secretary; (6) the Secretary of Agriculture; (7) the Director of the National Park Serv- ice; (8) the Director of the Bureau of Land Man- agement; (9) the Commissioner of Reclamation; and (10) the head of any other Federal agency that the chairpersons designated under sub- section (d) deem appropriate. (c) Ex officio members The chairpersons designated under subsection (d) shall invite representatives of the Great Lakes Commission, the Patrick Leahy Lake Champlain Basin Program, the Chesapeake Bay Program, the San Francisco Bay-Delta Estuary Program, and State agencies and other govern- mental entities to participate as ex officio mem- bers of the Task Force. (d) Chairpersons The Director and the Under Secretary shall serve as co-chairpersons of the Task Force and shall be jointly responsible, and are authorized to undertake such activities as may be nec- essary, for carrying out this subchapter in con- sultation and cooperation with the other mem- bers of the Task Force. (e) Memorandum of understanding Within six months of November 29, 1990, the Director and the Under Secretary shall develop a memorandum of understanding that describes the role of each in jointly carrying out this sub- chapter. (f) Coordination Each Task Force member shall coordinate any action to carry out this subchapter with any such action by other members of the Task Force, and regional, State and local entities. (g) Observers The chairpersons designated under subsection (d) may invite representatives of nongovern- mental entities to participate as observers of the Task Force. (Pub. L. 101–646, title I, § 1201, Nov. 29, 1990, 104 Stat. 4765; Pub. L. 104–182, title III, § 308(b), Aug. 6, 1996, 110 Stat. 1689; Pub. L. 104–332, § 2(e)(2), (h)(1), Oct. 26, 1996, 110 Stat. 4085, 4091; Pub. L. 117–263, div. K, title CXIII, § 11327(b), (c), Dec. 23, 2022, 136 Stat. 4097; Pub. L. 117–328, div. O, title IV, § 404(b), Dec. 29, 2022, 136 Stat. 5229.) Editorial Notes REFERENCES IN TEXT This subchapter, referred to in subsecs. (d) to (f), was in the original ‘‘this subtitle’’, meaning subtitle C (§§ 1201–1209) of title I of Pub. L. 101–646, Nov. 29, 1990, 104 Stat. 4765, which enacted this subchapter and amended section 42 of Title 18, Crimes and Criminal Procedure. AMENDMENTS 2022—Subsec. (b)(7) to (10). Pub. L. 117–263, § 11327(c), added pars. (7) to (9) and redesignated former par. (7) as (10). Subsec. (c). Pub. L. 117–328 inserted ‘‘Patrick Leahy’’ before ‘‘Lake Champlain Basin Program’’. Subsec. (g). Pub. L. 117–263, § 11327(b), added subsec. (g). 1996—Pub. L. 104–332, § 2(h)(1), made technical amend- ment to Pub. L. 101–646, § 1201, which enacted this sec- tion. Subsec. (b)(5) to (7). Pub. L. 104–332, § 2(e)(2)(A), struck out ‘‘and’’ at end of par. (5), added par. (6), and redesig- nated former par. (6) as (7). Subsec. (c). Pub. L. 104–332, § 2(e)(2)(B), inserted ‘‘the Chesapeake Bay Program, the San Francisco Bay-Delta Estuary Program,’’ before ‘‘and State agencies’’. Pub. L. 104–182 inserted ‘‘, the Lake Champlain Basin Program,’’ after ‘‘Great Lakes Commission’’. Statutory Notes and Related Subsidiaries TRANSFER OF FUNCTIONS For transfer of authorities, functions, personnel, and assets of the Coast Guard, including the authorities and functions of the Secretary of Transportation relat- ing thereto, to the Department of Homeland Security, and for treatment of related references, see sections 468(b), 551(d), 552(d), and 557 of Title 6, Domestic Secu- rity, and the Department of Homeland Security Reor- ganization Plan of November 25, 2002, as modified, set out as a note under section 542 of Title 6. § 4722. Aquatic nuisance species program (a) In general The Task Force shall develop and implement a program for waters of the United States to pre- vent introduction and dispersal of aquatic nui- sance species; to monitor, control and study such species; and to disseminate related infor- mation. (b) Content The program developed under subsection (a) shall— Page 2506 TITLE 16—CONSERVATION § 4722 (1) identify the goals, priorities, and ap- proaches for aquatic nuisance species preven- tion, monitoring, control, education and re- search to be conducted or funded by the Fed- eral Government; (2) describe the specific prevention, moni- toring, control, education and research activi- ties to be conducted by each Task Force mem- ber; (3) coordinate aquatic nuisance species pro- grams and activities of Task Force members and affected State agencies; (4) describe the role of each Task Force member in implementing the elements of the program as set forth in this subchapter; (5) include recommendations for funding to implement elements of the program; and (6) develop a demonstration program of pre- vention, monitoring, control, education and research for the zebra mussel, to be imple- mented in the Great Lakes and any other wa- ters infested, or likely to become infested in the near future, by the zebra mussel. (c) Prevention (1) In general The Task Force shall establish and imple- ment measures, within the program developed under subsection (a), to minimize the risk of introduction of aquatic nuisance species to waters of the United States, including— (A) identification of pathways by which aquatic organisms are introduced to waters of the United States; (B) assessment of the risk that an aquatic organism carried by an identified pathway may become an aquatic nuisance species; and (C) evaluation of whether measures to pre- vent introductions of aquatic nuisance spe- cies are effective and environmentally sound. (2) Implementation Whenever the Task Force determines that there is a substantial risk of unintentional in- troduction of an aquatic nuisance species by an identified pathway and that the adverse consequences of such an introduction are like- ly to be substantial, the Task Force shall, act- ing through the appropriate Federal agency, and after an opportunity for public comment, carry out cooperative, environmentally sound efforts with regional, State and local entities to minimize the risk of such an introduction. (d) Monitoring The Task Force shall establish and implement monitoring measures, within the program devel- oped under subsection (a), to— (1) detect unintentional introductions of aquatic nuisance species; (2) determine the dispersal of aquatic nui- sance species after introduction; and (3) provide for the early detection and pre- vention of infestations of aquatic nuisance species in unaffected drainage basins. (e) Control (1) In general The Task Force may develop cooperative ef- forts, within the program established under subsection (a), to control established aquatic nuisance species to minimize the risk of harm to the environment and the public health and welfare. For purposes of this chapter, control efforts include eradication of infestations, re- ductions of populations, development of means of adapting human activities and public facili- ties to accommodate infestations, and preven- tion of the spread of aquatic nuisance species from infested areas. Such control efforts shall be developed in consultation with affected Federal agencies, States, Indian Tribes, local governments, interjurisdictional organiza- tions, and other appropriate entities. Control actions authorized by this section shall be based on the best available scientific informa- tion and shall be conducted in an environ- mentally sound manner. (2) Decisions The Task Force or any other affected agency or entity may recommend that the Task Force initiate a control effort. In determining whether a control program is warranted, the Task Force shall evaluate the need for control (including the projected consequences of no control and less than full control); the tech- nical and biological feasibility and cost-effec- tiveness of alternative control strategies and actions; whether the benefits of control, in- cluding costs avoided, exceed the costs of the program; the risk of harm to non-target orga- nisms and ecosystems, public health and wel- fare; and such other considerations the Task Force determines appropriate. The Task Force shall also determine the nature and extent of control of target aquatic nuisance species that is feasible and desirable. (3) Programs If the Task Force determines in accordance with paragraph (2) that control of an aquatic nuisance species is warranted, the Task Force shall develop a proposed control program to achieve the target level of control. A notice summarizing the proposed action and solic- iting comments shall be published in the Fed- eral Register, in major newspapers in the re- gion affected, and in principal trade publica- tions of the industries affected. Within 180 days of proposing a control program, and after consultation with affected governmental and other appropriate entities and taking into consideration other comments received, the Task Force shall complete development of the proposed control program. (4) Technical assistance and recommendations The Task Force may provide technical as- sistance and recommendations for best prac- tices to an agency or entity engaged in vessel inspections or decontaminations for the pur- pose of— (A) effectively managing and controlling the movement of aquatic nuisance species into, within, or out of water of the United States; and (B) inspecting recreational vessels in a manner that minimizes disruptions to public access for boating and recreation in non-con- taminated vessels. Page 2507 TITLE 16—CONSERVATION § 4722 (5) Consultation and input In carrying out paragraph (4), including the development of recommendations, the Task Force may consult with Indian Tribes and so- licit input from— (A) State and Tribal fish and wildlife man- agement agencies; (B) other State and Tribal agencies that manage fishery resources of the State or sus- tain fishery habitat; and (C) relevant nongovernmental entities. (f) Research (1) Priorities The Task Force shall, within the program developed under subsection (a), conduct re- search concerning— (A) the environmental and economic risks and impacts associated with the introduc- tion of aquatic nuisance species into the wa- ters of the United States; (B) the principal pathways by which aquat- ic nuisance species are introduced and dis- persed; (C) possible methods for the prevention, monitoring and control of aquatic nuisance species; and (D) the assessment of the effectiveness of prevention, monitoring and control meth- ods. (2) Protocol Within 90 days of November 29, 1990, the Task Force shall establish and follow a pro- tocol to ensure that research activities carried out under this subchapter do not result in the introduction of aquatic nuisance species to waters of the United States. (3) Grants for research The Task Force shall allocate funds author- ized under this chapter for competitive re- search grants to study all aspects of aquatic nuisance species, which shall be administered through the National Sea Grant College Pro- gram and the Cooperative Fishery and Wildlife Research Units. Grants shall be conditioned to ensure that any recipient of funds follows the protocol established under paragraph (2) of this subsection. (g) Technical assistance The Task Force shall, within the program de- veloped under subsection (a), provide technical assistance to State and local governments and persons to minimize the environmental, public health, and safety risks associated with aquatic nuisance species, including an early warning system for advance notice of possible infesta- tions and appropriate responses. (h) Education The Task Force shall, with the program devel- oped under subsection (a), establish and imple- ment educational programs through Sea Grant Marine Advisory Services and any other avail- able resources that it determines to be appro- priate to inform the general public, State gov- ernments, governments of political subdivisions of States, and industrial and recreational users of aquatic resources in connection with matters concerning the identification of aquatic nui- sance species, and control methods for such spe- cies, including the prevention of the further dis- tribution of such species. (i) Zebra mussel demonstration program (1) Zebra mussel (A) In general The Task Force shall, within the program developed under subsection (a), undertake a program of prevention, monitoring, control, education and research for the zebra mussel to be implemented in the Great Lakes and any other waters of the United States in- fested or likely to become infested by the zebra mussel, including— (i) research and development concerning the species life history, environmental tol- erances and impacts on fisheries and other ecosystem components, and the efficacy of control mechanisms and means of avoiding or minimizing impacts; (ii) tracking the dispersal of the species and establishment of an early warning sys- tem to alert likely areas of future infesta- tions; (iii) development of control plans in co- ordination with regional, State and local entities; and (iv) provision of technical assistance to regional, State and local entities to carry out this section. (B) Public facility research and development The Assistant Secretary, in consultation with the Task Force, shall develop a pro- gram of research, technology development, and demonstration for the environmentally sound control of zebra mussels in and around public facilities. The Assistant Secretary shall collect and make available, through publications and other appropriate means, information pertaining to such control methods. (C) Voluntary guidelines Not later than 1 year after October 26, 1996, the Task Force shall develop and submit to the Secretary voluntary guidelines for con- trolling the spread of the zebra mussel and, if appropriate, other aquatic nuisance spe- cies through recreational activities, includ- ing boating and fishing. Not later than 4 months after the date of such submission, and after providing notice and an oppor- tunity for public comment, the Secretary shall issue voluntary guidelines that are based on the guidelines developed by the Task Force under this subparagraph. (2) Dispersal containment analysis (A) Research The Administrator of the Environmental Protection Agency, in cooperation with the National Science Foundation and the Task Force, shall provide research grants on a competitive basis for projects that— (i) identify environmentally sound meth- ods for controlling the dispersal of aquatic nuisance species, such as the zebra mussel; and (ii) adhere to research protocols devel- oped pursuant to subsection (f)(2). Page 2508 TITLE 16—CONSERVATION § 4722 (B) Authorization of appropriations There are authorized to be appropriated to the Environmental Protection Agency to carry out this paragraph, $500,000. (3) Dispersal barrier demonstration (A) In general The Assistant Secretary, in consultation with the Task Force, shall investigate and identify environmentally sound methods for preventing and reducing the dispersal of aquatic nuisance species between the Great Lakes-Saint Lawrence drainage and the Mis- sissippi River drainage through the Chicago River Ship and Sanitary Canal, including any of those methods that could be incor- porated into the operation or construction of the lock system of the Chicago River Ship and Sanitary Canal. (B) Report Not later than 18 months after October 26, 1996, the Assistant Secretary shall issue a re- port to the Congress that includes rec- ommendations concerning— (i) which of the methods that are identi- fied under the study conducted under this paragraph are most promising with respect to preventing and reducing the dispersal of aquatic nuisance species; and (ii) ways to incorporate those methods into ongoing operations of the United States Army Corps of Engineers that are conducted at the Chicago River Ship and Sanitary Canal. (C) Authorization of appropriations There are authorized to be appropriated to the Department of the Army such sums as are necessary to carry out the dispersal bar- rier demonstration project directed by this paragraph. (4) Contributions To the extent allowable by law, in carrying out the studies under paragraphs (2) and (3), the Administrator of the Environmental Pro- tection Agency and the Secretary of the Army may enter into an agreement with an inter- ested party under which that party provides in kind or monetary contributions for the study. (5) Technical assistance The Great Lakes Environmental Research Laboratory of the National Oceanic and At- mospheric Administration shall provide tech- nical assistance to appropriate entities to as- sist in the research conducted pursuant to this subsection. (j) Implementation (1) Regulations The Director, the Secretary, and the Under Secretary may issue such rules and regula- tions as may be necessary to implement this section. (2) Participation of others The Task Force shall provide opportunities for affected Federal agencies which are not part of the Task Force, State and local gov- ernment agencies, and regional and other enti- ties with the necessary expertise to partici- pate in control programs. If these other agen- cies or entities have sufficient authority or ju- risdiction and expertise and where this will be more efficient or effective, responsibility for implementing all or a portion of a control pro- gram may be delegated to such agencies or en- tities. (k) Reports (1) Not later than 12 months after November 29, 1990, the Task Force shall submit a report de- scribing the program developed under subsection (a), including the research protocol required under subsection (f)(2), to the Congress. (2) On an annual basis after the submission of the report under paragraph (1), the Task Force shall submit a report to the Congress detailing progress in carrying out this section. (3) Not later than 90 days after December 23, 2022, the Task Force shall submit a report to Congress recommending legislative, pro- grammatic, or regulatory changes to eliminate remaining gaps in authorities between members of the Task Force to effectively manage and control the movement of aquatic nuisance spe- cies. (Pub. L. 101–646, title I, § 1202, Nov. 29, 1990, 104 Stat. 4766; Pub. L. 104–332, § 2(e)(3), (4), (g), (h)(1), Oct. 26, 1996, 110 Stat. 4085, 4087, 4091; Pub. L. 109–234, title II, § 2309, June 15, 2006, 120 Stat. 457; Pub. L. 117–263, div. K, title CXIII, § 11327(d), Dec. 23, 2022, 136 Stat. 4097.) Editorial Notes REFERENCES IN TEXT This chapter, referred to in subsecs. (e)(1) and (f)(3), was in the original ‘‘this Act’’, which, to reflect the probable intent 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 Aquat- ic 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 2022—Subsec. (e)(4), (5). Pub. L. 117–263, § 11327(d)(1), added pars. (4) and (5). Subsec. (k)(3). Pub. L. 117–263, § 11327(d)(2), added par. (3). 2006—Subsec. (i)(3)(C). Pub. L. 109–234 substituted ‘‘such sums as are necessary to carry out the dispersal barrier demonstration project directed by this para- graph’’ for ‘‘, to carry out this paragraph, $750,000’’. 1996—Pub. L. 104–332, § 2(h)(1), made technical amend- ment to Pub. L. 101–646, § 1202, which enacted this sec- tion. Subsec. (f)(1)(A). Pub. L. 104–332, § 2(e)(3)(A), inserted ‘‘and impacts’’ after ‘‘economic risks’’. Subsec. (i). Pub. L. 104–332, § 2(e)(3)(B), designated ex- isting provisions as par. (1), redesignated former pars. (1) and (2) as subpars. (A) and (B), respectively, and former subpars. (A) to (D) of par. (1) as cls. (i) to (iv), respectively, of subpar. (A), inserted new par. (1) head- ing, substituted ‘‘The Assistant Secretary, in consulta- tion with the Task Force, shall develop a program of research, technology development, and demonstration for the environmentally sound control of zebra mussels in and around public facilities.’’ for ‘‘The Assistant Secretary, in consultation with the Task Force, shall develop a program of research and technology develop- ment for the environmentally sound control of zebra mussels in and around public facilities.’’ in subpar. (B), and added subpar. (C) and pars. (2) to (5). Page 2509 TITLE 16—CONSERVATION § 4723 Subsec. (j)(1). Pub. L. 104–332, § 2(e)(4), substituted ‘‘The Director, the Secretary,’’ for ‘‘Not later than 18 months after November 29, 1990, the Director’’. Subsec. (k). Pub. L. 104–332, § 2(g), substituted ‘‘Con- gress’’ for ‘‘appropriate Committees’’ in pars. (1) and (2). § 4723. Regional coordination (a) Great Lakes panel (1) In general Not later than 30 days following November 29, 1990, the Task Force shall request that the Great Lakes Commission (established under Article IV of the Great Lakes Compact to which the Congress granted consent in the Act of July 24, 1968, P.L. 90–419) convene a panel of Great Lakes region representatives from Fed- eral, State and local agencies and from private environmental and commercial interests to— (A) identify priorities for the Great Lakes region with respect to aquatic nuisance spe- cies; (B) make recommendations to the Task Force regarding programs to carry out sec- tion 4722(i) of this title; (C) assist the Task Force in coordinating Federal aquatic nuisance species program activities in the Great Lakes region; (D) coordinate, where possible, aquatic nuisance species program activities in the Great Lakes region that are not conducted pursuant to this chapter; (E) provide advice to public and private in- dividuals and entities concerning methods of controlling aquatic nuisance species; and (F) submit annually a report to the Task Force describing activities within the Great Lakes region related to aquatic nuisance species prevention, research, and control. (2) Consultation The Task Force shall request that the Great Lakes Fishery Commission provide informa- tion to the panel convened under this sub- section on technical and policy matters re- lated to the international fishery resources of the Great Lakes. (3) Canadian participation The panel convened under this subsection is encouraged to invite representatives from the Federal, provincial or territorial governments of Canada to participate as observers. (b) Western regional panel Not later than 30 days after October 26, 1996, the Task Force shall request a Western regional panel, comprised of Western region representa- tives from Federal, State, and local agencies and from private environmental and commercial in- terests, to— (1) identify priorities for the Western region with respect to aquatic nuisance species; (2) make recommendations to the Task Force regarding an education, monitoring (in- cluding inspection), prevention, and control program to prevent the spread of the zebra mussel west of the 100th Meridian pursuant to section 4722(i) of this title; (3) coordinate, where possible, other aquatic nuisance species program activities in the Western region that are not conducted pursu- ant to this chapter; (4) develop an emergency response strategy for Federal, State, and local entities for stem- ming new invasions of aquatic nuisance spe- cies in the region; (5) provide advice to public and private indi- viduals and entities concerning methods of preventing and controlling aquatic nuisance species infestations; and (6) submit annually a report to the Task Force describing activities within the Western region related to aquatic nuisance species pre- vention, research, and control. (c) Additional regional panels The Task Force shall— (1) encourage the development and use of re- gional panels and other similar entities in re- gions in addition to the Great Lakes and West- ern regions (including providing financial as- sistance for the development and use of such entities) to carry out, with respect to those re- gions, activities that are similar to the activi- ties described in subsections (a) and (b); and (2) cooperate with regional panels and simi- lar entities that carry out the activities de- scribed in paragraph (1). (Pub. L. 101–646, title I, § 1203, Nov. 29, 1990, 104 Stat. 4769; Pub. L. 104–332, § 2(e)(5), (h)(1), Oct. 26, 1996, 110 Stat. 4087, 4091; Pub. L. 117–263, div. K, title CXIII, § 11327(e)(3), Dec. 23, 2022, 136 Stat. 4098.) Editorial Notes REFERENCES IN TEXT Act of July 24, 1968, referred to in subsec. (a)(1), is Pub. L. 90–419, July 24, 1968, 82 Stat. 414, which is not classified to the Code. This chapter, referred to in subsecs. (a)(1)(D) and (b)(3), was in the original ‘‘this Act’’, which, to reflect the probable intent of Congress, was translated as read- ing ‘‘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 com- plete classification of title I to the Code, see Short Title note set out under section 4701 of this title and Tables. AMENDMENTS 2022—Subsec. (a)(1)(F). Pub. L. 117–263, § 11327(e)(3)(A), inserted ‘‘and’’ after ‘‘research,’’. Subsec. (a)(3). Pub. L. 117–263, § 11327(e)(3)(B), sub- stituted ‘‘encouraged’’ for ‘‘encourage’’. 1996—Pub. L. 104–332, § 2(h)(1), made technical amend- ment to Pub. L. 101–646, § 1203, which enacted this sec- tion. Pub. L. 104–332, § 2(e)(5)(A), substituted ‘‘Regional’’ for ‘‘Great Lakes regional’’ in section catchline. Pub. L. 104–332, § 2(e)(5)(B)–(F), designated existing provisions as subsec. (a) and inserted subsec. heading, redesignated former subsec. (a) as par. (1), and former pars. (1) to (6) as subpars. (A) to (F), respectively, of par. (1), in par. (1) inserted ‘‘region’’ before ‘‘represent- atives’’ in introductory provisions and after ‘‘Great Lakes’’ in subpars. (A), (C), (D), and (F), redesignated subsecs. (b) and (c) as pars. (2) and (3), respectively, of subsec. (a), substituted ‘‘this subsection’’ for ‘‘this sec- tion’’ in those pars., and added subsecs. (b) and (c).