PocketLaw | USC 33 | Control of aquatic plant growths and invasive

Control of aquatic plant growths and invasive species

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§610. Control of aquatic plant growths and invasive species

(a) In general

(1) In general

There is hereby authorized a comprehensive program to provide for prevention, control, and progressive eradication of noxious aquatic plant growths and aquatic invasive species from the navigable waters, tributary streams, connecting channels, and other allied waters of the United States, in the combined interest of navigation, flood control, drainage, agriculture, fish and wildlife conservation, public health, and related purposes, including continued research for development of the most effective and economic control measures, to be administered by the Chief of Engineers, under the direction of the Secretary of the Army, in cooperation with other Federal and State agencies.

(2) Local interests

Local interests shall agree to hold and save the United States free from claims that may occur from control operations and to participate to the extent of 30 per centum of the cost of such operations.

(3) Federal costs

Costs for research and planning undertaken pursuant to the authorities of this section shall be borne fully by the Federal Government.

(b) Authorization of appropriations

(1) In general

There is authorized to be appropriated to carry out this section $110,000,000 for each fiscal year, of which-

(A) $30,000,000 shall be made available to carry out subsection (d)(1)(A)(i);

(B) $30,000,000 shall be made available to carry out subsection (d)(1)(A)(ii); and

(2) Control operations

Any funds made available under paragraph (1) to be used for control operations shall be allocated by the Chief of Engineers on a priority basis, based on the urgency and need of each area and the availability of local funds.

(c) Support

In carrying out the program under this section, the Secretary is encouraged to use contracts, cooperative agreements, and grants with colleges and universities and other non-Federal entities.

(d) Watercraft inspection stations

(1) In general

(A) Watercraft inspection stations

In carrying out this section, the Secretary shall establish (as applicable), operate, and maintain new or existing watercraft inspection stations-

(i) to protect the Columbia River Basin;

(ii) to protect the Upper Missouri River Basin; and

(iii) to protect the Upper Colorado River Basin and the South Platte and Arizona River Basins.

(B) Locations

The Secretary shall establish watercraft inspection stations under subparagraph (A) at locations with the highest likelihood of preventing the spread of aquatic invasive species at reservoirs operated and maintained by the Secretary, as determined by the Secretary in consultation with States within the areas described in subparagraph (A).

(C) Rapid response

The Secretary shall assist States within the areas described in subparagraph (A) with rapid response to any aquatic invasive species, including quagga or zebra mussel, infestation.

(2) Cost share

The non-Federal share of the cost of constructing, operating, and maintaining watercraft inspection stations described in paragraph (1) (including personnel costs) shall be-

(A) 50 percent; and

(B) provided by the State or local governmental entity in which such inspection station is located.

(3) Coordination

In carrying out this subsection, the Secretary shall consult and coordinate with-

(A) the Governors of the States within the areas described in each of clauses (i) through (iii) of paragraph (1)(A), as applicable;

(B) Indian tribes; and

(i) the Department of Agriculture;

(ii) the Department of Energy;

(iii) the Department of Homeland Security;

(iv) the Department of Commerce; and

(v) the Department of the Interior.

(e) Monitoring and contingency planning

In carrying out this section, the Secretary may-

(1) carry out risk assessments of water resources facilities;

(2) monitor for aquatic invasive species;

(3) assist States in early detection of aquatic invasive species, including quagga and zebra mussels; and

(4) monitor water quality, including sediment cores and fish tissue samples.

( Pub. L. 85–500, title I, §104, July 3, 1958, 72 Stat. 300 ; Pub. L. 89–298, title III, §302, Oct. 27, 1965, 79 Stat. 1092 ; Pub. L. 98–63, title I, July 30, 1983, 97 Stat. 313 ; Pub. L. 99–662, title IX, §941, Nov. 17, 1986, 100 Stat. 4199 ; Pub. L. 104–303, title II, §225, Oct. 12, 1996, 110 Stat. 3697 ; Pub. L. 106–53, title II, §205, Aug. 17, 1999, 113 Stat. 285 ; Pub. L. 113–121, title I, §1039(d), June 10, 2014, 128 Stat. 1238 ; Pub. L. 114–322, title I, §1178(b), Dec. 16, 2016, 130 Stat. 1674 ; Pub. L. 115–270, title I, §1170, Oct. 23, 2018, 132 Stat. 3798 .)

Amendments

2018-Subsec. (b). Pub. L. 115–270, §1170(1), amended subec. (b) generally. Prior to amendment, text read as follows: "There are authorized to be appropriated such amounts, not in excess of $40,000,000, of which $20,000,000 shall be made available to implement subsection (d), annually, as may be necessary to carry out the provisions of this section. Any such funds employed for control operations shall be allocated by the Chief of Engineers on a priority basis, based upon the urgency and need of each area, and the availability of local funds."

Subsec. (d)(1). Pub. L. 115–270, §1170(2)(A), amended par. (1) generally. Prior to amendment, text read as follows: "In carrying out this section, the Secretary may establish, operate, and maintain new or existing watercraft inspection stations to protect the Columbia River Basin to be located in the States of Idaho, Montana, Oregon, and Washington at locations, as determined by the Secretary in consultation with such States, with the highest likelihood of preventing the spread of aquatic invasive species at reservoirs operated and maintained by the Secretary. The Secretary shall also assist the States referred to in this paragraph with rapid response to any aquatic invasive species, including quagga or zebra mussel, infestation."

Subsec. (d)(3)(A). Pub. L. 115–270, §1170(2)(B), amended subpar. (A) generally. Prior to amendment, text read as follows: "the Governors of the States described in paragraph (1);".

2016-Subsec. (d)(1). Pub. L. 114–322, §1178(b)(1)(A), added par. (1) and struck out former par. (1). Prior to amendment, text read as follows: "In carrying out this section, the Secretary may establish watercraft inspection stations in the Columbia River Basin to be located in the States of Idaho, Montana, Oregon, and Washington at locations, as determined by the Secretary, with the highest likelihood of preventing the spread of aquatic invasive species at reservoirs operated and maintained by the Secretary."

Subsec. (d)(3)(A). Pub. L. 114–322, §1178(b)(1)(B), inserted "Governors of the" before "States".

Subsec. (e)(3). Pub. L. 114–322, §1178(b)(2), added par. (3) and struck out former par. (3) which read as follows: "establish watershed-wide plans for expedited response to an infestation of aquatic invasive species; and".

2014-Subsec. (a). Pub. L. 113–121, §1039(d)(1)(A)–(C), designated first, second, and third sentences as pars. (1) to (3), respectively, and inserted headings.

Subsec. (a)(1). Pub. L. 113–121, §1039(d)(1)(D)(ii), inserted "and aquatic invasive species" after "noxious aquatic plant growths".

Pub. L. 113–121, §1039(d)(1)(D)(i), which directed substitution of "prevention, control, and progressive" for "control and progressive,", was executed by making the substitution for "control and progressive" to reflect the probable intent of Congress.

Subsec. (b). Pub. L. 113–121, §1039(d)(2), substituted "$40,000,000, of which $20,000,000 shall be made available to implement subsection (d), annually" for "$15,000,000 annually".

Subsecs. (d), (e). Pub. L. 113–121, §1039(d)(3), added subsecs. (d) and (e).

1999-Subsec. (a). Pub. L. 106–53, §205(1), substituted "noxious aquatic plant growths from" for "water-hyacinth, alligatorweed, Eurasian water milfoil, melaleuca, and other obnoxious aquatic plant growths, from" in first sentence.

Subsec. (b). Pub. L. 106–53, §205(2), substituted "$15,000,000" for "$12,000,000" in first sentence.

Subsec. (c). Pub. L. 106–53, §205(3), added subsec. (c).

1996-Subsec. (a). Pub. L. 104–303 inserted "melaleuca," after "milfoil,".

1986-Subsec. (b). Pub. L. 99–662 substituted "$12,000,000" for "$10,000,000".

1983-Subsec. (b). Pub. L. 98–63 substituted "$10,000,000" for "$5,000,000".

1965-Subsec. (a). Pub. L. 89–298 designated part of existing provisions as subsec. (a), substituting "comprehensive program" and "other allied waters of the United States" for "comprehensive project" and "other allied waters in the States of North Carolina, South Carolina, Georgia, Florida, Alabama, Mississippi, Louisiana, and Texas", respectively, providing for control and eradication of Eurasian water milfoil, and striking out "in accordance with the report of the Chief of Engineers, published as House Document Numbered 37, Eighty-fifth Congress" after "Federal and State agencies".

Subsec. (b). Pub. L. 89–298 designated part of existing provisions as subsec. (b), substituting the appropriations authorization of $5,000,000 annually as first sentence for former provisions which authorized "an estimated additional cost for the expanded program over that now underway of $1,350,000 annually for five years, of which 70 per centum, presently estimated at $945,000, shall be borne by the United States and 30 per centum, presently estimated at $405,000, by local interests" and incorporating former second proviso in second sentence.

Harmful Algal Bloom Technology Demonstration

Pub. L. 115–270, title I, §1109, Oct. 23, 2018, 132 Stat. 3774 , provided that:

"(a) In General.-The Secretary [of the Army], acting through the Engineer Research and Development Center, shall implement a 5-year harmful algal bloom technology development demonstration program under the Aquatic Nuisance Research Program. To the extent practicable, the Secretary shall support research that will identify and develop improved strategies for early detection, prevention, and management techniques and procedures to reduce the occurrence and effects of harmful algal blooms in the Nation's water resources.

"(b) Scalability Requirement.-The Secretary shall ensure that technologies identified, tested, and deployed under the harmful algal bloom technology development demonstration program have the ability to scale up to meet the needs of harmful-algal-bloom-related events."

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