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 Species Mitiga- tion Grant Program and Mitigation Fund (1) Definitions In this section: (A) Coastal zone The term ‘‘coastal zone’’ has the meaning given the term in section 1453 of this title. (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 note). (D) Foundation The term ‘‘Foundation’’ means the Na- tional Fish and Wildlife Foundation estab- lished by section 3701(a) of this title. (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 Sec- retary 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 Mitiga- tion Grant Program’’, under which the Sec- retary 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, preven- tion, 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 miti- gation 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 spe- cies. (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 proce- dures and programs, including permis- sible State ballast water inspection pro- grams, to prevent, detect, control, miti- gate, and rapidly or progressively eradi- cate 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 sys- tem technologies and performance stand- ards to prevent the introduction of aquatic invasive species; (IV) to develop mitigation measures to protect natural and cultural living re- sources, including shellfish, from the im- pacts of aquatic invasive species; or Page 2513 TITLE 16—CONSERVATION § 4730 (V) to develop mitigation measures to protect infrastructure, such as hydro- electric 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 mat- ter. (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 re- quirement 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 ad- ministration of grants awarded under the Program, including standards of record- keeping. (E) Matching requirement Each eligible entity that receives a grant under the Program shall provide, in cash or through in-kind contributions from non-Fed- eral 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 au- thorized 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 Miti- gation Fund’’, consisting of such amounts as are appropriated or credited to the Fund in accordance with this paragraph or section 9602 of title 26. (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 during the preceding fiscal year. (ii) Additional authorization In addition to the amounts transferred to the Fund under clause (i), there is au- thorized 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. (Pub. L. 115–282, title IX, § 903(f), Dec. 4, 2018, 132 Stat. 4357.) Editorial Notes REFERENCES IN TEXT Presidential Proclamation 5030, referred to in par. (1)(C), is Proc. No. 5030, Mar. 10, 1983, 48 F.R. 10605, which is set out as a note under section 1453 of this title. CODIFICATION Section was enacted as part of the Vessel Incidental Discharge Act of 2018 and also as part of the Frank LoBiondo Coast Guard Authorization Act of 2018, and not as part of the Nonindigenous Aquatic Nuisance Pre- vention and Control Act of 1990 which comprises this chapter. Section is comprised of subsec. (f) of section 903 of Pub. L. 115–282. For classification to the Code of other provisions of section 903, see Tables. § 4730. Great Lakes and Lake Champlain Invasive Species Program (1) Definitions In this section: (A) Administrator The term ‘‘Administrator’’ means the Ad- ministrator of the Environmental Protec- tion Agency. (B) Aquatic nuisance species The term ‘‘aquatic nuisance species’’ has the meaning given that term in subsection (p)(1) of section 1322 of title 33. (C) Director The term ‘‘Director’’ means the Director of the Great Lakes National Program Office established by section 1268(b) of title 33. (D) Great Lakes and Lake Champlain Sys- tems The term ‘‘Great Lakes and Lake Cham- plain Systems’’ includes— (i) Lake Champlain; and (ii) all bodies of water (including wet- lands) within— (I) the Great Lakes System (as defined in section 1268(a)(3) of title 33); or (II) the Lake Champlain drainage basin (as defined in section 1270(g) of title 33). (E) Program The term ‘‘Program’’ means the Great Lakes and Lake Champlain Invasive Species Program established under paragraph (2)(A). (2) Establishment of program (A) In general The Administrator shall establish within the Great Lakes National Program Office a program, to be known as the ‘‘Great Lakes and Lake Champlain Invasive Species Pro- gram’’— (i) in collaboration with— (I) the Director of the United States Fish and Wildlife Service; (II) the Administrator of the National Oceanic and Atmospheric Administra- tion; (III) the Director of the United States Geological Survey; and