§4729 — Title 16 Conservation | U.S. Code

Summary

Creates a federal grant program run by the Secretary of Commerce and the National Fish and Wildlife Foundation to help stop, control, and remove harmful aquatic invasive species in the coastal zone and the U.S. Exclusive Economic Zone, and to restore places those species damage. Grants go to States, local governments, Indian Tribes, nonprofit groups, and colleges. Money can fund prevention, early detection, control, and rapid removal efforts, habitat restoration, ballast-water inspection and new treatment technologies, and measures to protect natural resources and infrastructure. Grants cannot pay for lawsuits. Each grant recipient must provide at least 25 percent of the project cost from non-Federal cash or in-kind contributions. The Foundation, working with the Secretary, had to set up application, approval, monitoring, and accounting rules within 90 days after December 4, 2018, and must consult with the Secretary of the Interior and the Administrator when approving grants. A trust called the Coastal Aquatic Invasive Species Mitigation Fund pays for the grants. Each year the Fund gets the dollar amount of penalties collected under subsection (p) of 33 U.S.C. 1322 from the prior fiscal year, plus $5,000,000, and the money is available for grants subject to congressional appropriations. Defined terms: coastal zone (as defined in law); eligible entity (State, local government, Indian Tribe, nongovernmental organization, institution of higher education); Exclusive Economic Zone (per Proclamation 5030, March 10, 1983); Foundation (National Fish and Wildlife Foundation); Fund (the mitigation trust); Program (the grant program); Secretary (Secretary of Commerce).

Title 16, §4729

Conservation — Source: USLM XML via OLRC

(1)In this section:

(A)The term “coastal zone” has the meaning given the term in section 1453 of this title.

(B)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)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)The term “Foundation” means the National Fish and Wildlife Foundation established by section 3701(a) of this title.

(E)The term “Fund” means the Coastal Aquatic Invasive Species Mitigation Fund established by paragraph (3)(A).

(F)The term “Program” means the Coastal Aquatic Invasive Species Mitigation Grant Program established under paragraph (2)(A).

(G)The term “Secretary” means the Secretary of Commerce.

(2)(A)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)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)(i)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)A grant awarded under the Program may not be used to fund litigation in any matter.

(D)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)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)The Secretary and the Foundation are authorized to use the amounts available in the Fund to award grants under the Program.

(3)(A)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)(i)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)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)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