§4724 — Title 16 Conservation | U.S. Code

Summary

States can make and send plans to fight aquatic nuisance species, especially zebra mussels. After letting the public comment, a Governor (or Governors and tribal governments working together) may send two kinds of plans: a broad management plan to the Task Force that says where help is needed, and a public facility plan to the Assistant Secretary that only names public facilities needing help with zebra mussels. Plans must list what actions and programs will be used, what federal help is needed and how it will be coordinated, any legal powers the State lacks, and a timetable with yearly goals and needed laws. States should work with local governments, tribes, and experts, and can ask the Task Force or Assistant Secretary for technical help. The Task Force or Assistant Secretary must review a plan and either approve it or return it with changes within 90 days. The Director may give grants, on the Task Force’s recommendation, to States with approved plans. Applications must describe the best practices to be used. Federal funds can pay up to 75% of costs for comprehensive plans and up to 50% for public facility plans. The State must provide the rest from non-Federal sources. Administrative costs from a grant may not exceed 5%. Non-Federal property or services can count toward the State’s share. The Director or Under Secretary may help enforce an approved plan for a State or tribe if asked and allowed by law.

Title 16, §4724

Conservation — Source: USLM XML via OLRC

(a)(1)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 environmental, public health, and safety risks associated with aquatic nuisance species, particularly 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 technical and financial assistance is needed to reduce infestations of zebra mussels.

(2)Each plan shall, to the extent possible, identify 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 prevention and control of the target aquatic nuisance species;

(B)identify Federal activities that may be needed for environmentally sound prevention 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 organization) to protect public health, property, 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)(A)In developing and implementing a management plan, the State or interstate organization should, to the maximum extent practicable, involve local governments and regional 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 appropriate official of an interstate organization, the Task Force or the Assistant Secretary, as appropriate under paragraph (1), may provide technical assistance in developing and implementing a management plan.

(4)Within 90 days after the submission of a management plan, the Task Force or the Assistant 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 subsection or return the plan to the Governor or the interstate organization with recommended modifications.

(b)(1)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)An application for a grant under this subsection shall include an identification and description of the best management practices and measures which the State proposes to utilize in implementing an approved management plan with any Federal assistance to be provided under the grant.

(3)(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 implementing such management program and the non-Federal share of such costs shall be provided 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 implementing such management program and the non-Federal share of such costs shall be provided from non-Federal sources.

(4)For the purposes of this section, administrative 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 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)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 11 See References in Text note below. of title 14, may provide assistance to a State or Indian tribe in enforcing an approved State or interstate invasive species management plan.

Notes & Related Subsidiaries

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 redesignated section, see section 123(b)(1) of Pub. L. 115–282, set out as a References to Sections of Title 14 as Redesignated by Pub. L. 115–282 note preceding section 101 of Title 14, Coast Guard.

Amendments

2022—Subsec. (b)(4). Pub. L. 117–263 substituted “Administrative” for “Adminisrative” in heading. 1996—Pub. L. 104–332, § 2(h)(1), made technical amendment to Pub. L. 101–646, § 1204, which enacted this section. 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), substituted “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” 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 involved” after “within the State” and substituted “technical,

Enforcement

, or financial assistance (or any combination thereof)” for “technical and financial assistance”. 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), inserted “or interstate organization” after “the State” and “Indian tribes,” after “local governments and regional entities,”. Subsec. (a)(3)(B). Pub. L. 104–332, § 2(e)(6)(A)(iv)(II), inserted “or the appropriate official of an interstate organization” 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 subsection (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).

§4724 State Aquatic Nuisance Species Management Plans