16 U.S.C. § 4729: Coastal Aquatic Invasive…

Summary

Creates a grant program and a money pool to help stop, limit, and fix problems from aquatic invasive species in coastal waters and the U.S. Exclusive Economic Zone. The program is run by the Secretary of Commerce together with the National Fish and Wildlife Foundation. Eligible groups include States, local governments, Indian Tribes, nonprofits, and colleges. Key terms: coastal zone (as defined in law), Exclusive Economic Zone (per Presidential Proclamation 5030, March 10, 1983), Foundation (National Fish and Wildlife Foundation), Fund (Coastal Aquatic Invasive Species Mitigation Fund), Program (the grant program), Secretary (Secretary of Commerce). Grants must be used to learn about, prevent, detect, control, or remove aquatic invasive species; restore harmed habitats; develop better ballast water treatment and other technologies; and make mitigation plans to protect living resources (for example, shellfish) and infrastructure (for example, hydroelectric facilities). Grants cannot pay for lawsuits. Within 90 days after December 4, 2018, the Foundation, with the Secretary, had to create application, review, approval, monitoring, and accounting rules and must consult the Secretary of the Interior and the Administrator when approving grants. Grant recipients must provide at least 25 percent of project costs from non-Federal sources. The Fund is a Treasury trust fund that gets each year the penalties collected under 33 U.S.C. 1322(p) from the prior year and is also authorized $5,000,000 per fiscal year to pay for grants, subject to appropriations.

Title 16, §4729

Conservation, Source: USLM XML via OLRC

(1)Definitions

In this section: (A) Coastal zone

(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 National Fish and Wildlife Foundation established 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 Secretary 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 Mitigation Grant Program”, under which the Secretary 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, prevention, 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 mitigation 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 species.

(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 procedures and programs, including permissible State ballast water inspection programs, to prevent, detect, control, mitigate, and rapidly or progressively eradicate 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 system technologies and performance standards to prevent the introduction of aquatic invasive species;

(IV)to develop mitigation measures to protect natural and cultural living resources, including shellfish, from the impacts of aquatic invasive species; or

(V)to develop mitigation measures to protect infrastructure, such as hydroelectric 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 matter.

(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 requirement 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 administration of grants awarded under the Program, including standards of recordkeeping.

(E)Matching requirement

Each eligible entity that receives a grant under the Program shall provide, in cash or through in-kind contributions from non-Federal 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 authorized 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 Mitigation 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 authorized 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.

Notes & Related Subsidiaries

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 Prevention 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.

§4729 Coastal Aquatic Invasive Species Mitigation Grant Program and Mitigation Fund

Summary

Title 16, §4729

Notes & Related Subsidiaries

Editorial Notes

References in Text

Citations & Metadata