Title 16ConservationRelease 119-73not60

§8426 Aquatic Resource Activities Assistance

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

Last updated Apr 5, 2026|Official source

Summary

Federal land agencies may inspect and clean boats and other watercraft that enter or leave the federal lands and waters they manage to stop unwanted aquatic species from spreading. When they do this, they must work with partners, check with the Aquatic Nuisance Species Task Force to find improvements, and try to avoid delaying people when boats are clean. Agencies can team up with partners or help them set up inspection and cleaning stations. They may not block access just because no inspection program exists. Coast Guard rules still apply, and agencies must share inspection and cleaning data with any Reclamation State involved. Key words used in the rule: Aquatic Nuisance Species Task Force — the federal task force created under section 4721(a); decontamination — removing invasive aquatic species; Federal land and water — areas run by BLM, Fish and Wildlife Service, Bureau of Reclamation, Forest Service, or National Park Service; Indian Tribe — as defined in 25 U.S.C. 5304; inspection — looking for invasive species; partner — a Reclamation State, an Indian Tribe in a Reclamation State, an eligible nonprofit in a Reclamation State, a local government unit in a Reclamation State, or a private entity; Reclamation States — Alaska, Arizona, California, Colorado, Idaho, Kansas, Montana, Nebraska, Nevada, New Mexico, North Dakota, Oklahoma, Oregon, South Dakota, Texas, Utah, Washington, and Wyoming; reclamation project — defined in 460l–32(3); Secretaries — the Interior officials through BLM, Reclamation, and NPS, and the Secretary of Agriculture through the Forest Service; vessel — any watercraft. The Secretary, through the Commissioner of Reclamation and if money is available, must run a competitive grant program to help partners pay for inspections, cleaning, and stations at Reclamation projects. Federal grant funds can cover up to 75 percent of costs, projects must be technically and financially feasible, 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 5, 2026

Release point: 119-73not60