Title 16ConservationRelease 119-73

§8426 Aquatic resource activities assistance

Title 16 › Chapter CHAPTER 103— - EXPANDING PUBLIC LANDS OUTDOOR RECREATION EXPERIENCES › Subchapter SUBCHAPTER I— - OUTDOOR RECREATION AND INFRASTRUCTURE › Part Part B— - Public Recreation on Federal Recreational Lands and Waters › § 8426

Last updated Apr 6, 2026|Official source

Summary

Federal land managers may inspect and clean boats and other watercraft when they enter or leave Federal lands and waters they run. Key words used here: Aquatic Nuisance Species Task Force — the group set up under section 4721(a) of this title; decontamination — actions to remove invasive aquatic species; Federal land and water — lands and waters run by BLM, Fish and Wildlife Service, Bureau of Reclamation, Forest Service, or National Park Service; Indian Tribe — as defined in section 5304 of title 25; inspection — actions to look for invasive aquatic species; partner — a Reclamation State, an Indian Tribe in a Reclamation State, a nonprofit or local government in a Reclamation State, or a private entity; Reclamation State — Alaska, Arizona, California, Colorado, Idaho, Kansas, Montana, Nebraska, Nevada, New Mexico, North Dakota, Oklahoma, Oregon, South Dakota, Texas, Utah, Washington, Wyoming; reclamation project — as defined in section 460l–32(3) of this title; Secretaries — the officials listed in the law; vessel — any watercraft used on or above water. The Secretaries must work with partners and consult the Task Force, and try to inspect and clean boats without blocking normal public use. They can join or lead partnerships and help set up inspection or cleaning stations. They cannot bar boat access just because no inspection program exists. Coast Guard rules still apply and work should not duplicate Coast Guard efforts. The Secretary, through the Commissioner of Reclamation and if money is provided, must run a competitive grant program to help partners pay for inspections and cleaning at Reclamation projects. Federal grants may pay up to 75 percent of project costs. Projects must be shown to be technically and financially sound, and the Secretary must coordinate with Reclamation States, affected Indian Tribes, and the Task Force.

Full Legal Text

Title 16, §8426

Conservation — Source: USLM XML via OLRC

(a)In this section:
(1)The term “Aquatic Nuisance Species Task Force” means the Aquatic Nuisance Species Task Force established by section 4721(a) of this title.
(2)The term “decontamination” means actions to remove aquatic nuisance species to prevent introduction or spread into new aquatic ecosystems.
(3)The term “Federal land and water” means Federal land and water operated and maintained by the Bureau of Land Management, the U.S. Fish and Wildlife Service, the Bureau of Reclamation, the Forest Service, or the National Park Service, as applicable.
(4)The term “Indian Tribe” has the meaning given such term in section 5304 of title 25.
(5)The term “inspection” means actions to find aquatic nuisance species to prevent introduction or spread into new aquatic ecosystems.
(6)The term “partner” means—
(A)a Reclamation State;
(B)an Indian Tribe in a Reclamation State;
(C)an applicable nonprofit organization in a Reclamation State;
(D)a unit of local government in a Reclamation State; or
(E)a private entity.
(7)The term “Reclamation State” includes any of the following States:
(A)Alaska.
(B)Arizona.
(C)California.
(D)Colorado.
(E)Idaho.
(F)Kansas.
(G)Montana.
(H)Nebraska.
(I)Nevada.
(J)New Mexico.
(K)North Dakota.
(L)Oklahoma.
(M)Oregon.
(N)South Dakota.
(O)Texas.
(P)Utah.
(Q)Washington.
(R)Wyoming.
(8)The term “reclamation 11 So in original. “Reclamation” is capitalized in this term in section 460l–32(3) of this title and in this section. project” has the meaning given such term in section 460l–32(3) of this title.
(9)The term “Secretaries” means each of the following:
(A)The Secretary, acting through the Director of the Bureau of Land Management, the Commissioner of Reclamation, and the Director of the National Park Service.
(B)The Secretary of Agriculture, acting through the Chief of the Forest Service.
(10)The term “vessel” means any watercraft or other contrivance used or designed for transportation or navigation on, under, or immediately above, water.
(b)(1)The head of each Federal land management agency is authorized to carry out inspections and decontamination of vessels entering or leaving Federal land and waters under the jurisdiction of the respective Federal land management agency.
(2)The Secretaries shall—
(A)in carrying out an inspection and decontamination under paragraph (1), coordinate with 1 or more partners;
(B)consult with the Aquatic Nuisance Species Task Force to identify potential improvements and efficiencies in the detection and management of aquatic nuisance species on Federal land and water; and
(C)to the maximum extent practicable, inspect and decontaminate vessels in a manner that minimizes disruptions to public access for boating and recreation in noncontaminated vessels.
(3)The Secretaries may enter into a partnership to lead, collaborate with, or provide technical assistance to a partner—
(A)to carry out an inspection or decontamination of vessels; or
(B)to establish an inspection and decontamination station for vessels.
(4)The Secretaries shall not prohibit access to vessels due solely to the absence of a Federal, State, or partner’s inspection program or station.
(5)(A)Nothing in this section shall be construed to limit the authority of the Commandant of the Coast Guard to regulate vessels provided under any other provision of law.
(B)Authorities granted in this subsection shall not apply at locations where inspection or decontamination activities would duplicate efforts by the Coast Guard.
(6)The Secretaries shall make available to a Reclamation State any relevant data gathered related to inspections or decontaminations carried out under this subsection in such State.
(c)(1)Subject to the availability of appropriations, the Secretary, acting through the Commissioner of Reclamation, shall establish a competitive grant program to provide financial assistance to partners to conduct inspections and decontamination of vessels operating in Reclamation projects, including to purchase, establish, operate, or maintain a vessel inspection and decontamination station.
(2)The Federal share of the cost of a grant under paragraph (1), including personnel costs, shall not exceed 75 percent.
(3)Before awarding a grant under paragraph (1), the Secretary shall determine that the project is technically and financially feasible.
(4)In carrying out this subsection, the Secretary shall coordinate with—
(A)each of the Reclamation States;
(B)affected Indian Tribes; and
(C)the Aquatic Nuisance Species Task Force.

Reference

Citations & Metadata

Citation

16 U.S.C. § 8426

Title 16Conservation

Last Updated

Apr 6, 2026

Release point: 119-73