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(continued)
of aquatic nuisance species in the Great Lakes and other waters
of the United States.
(2) Biological study
The Task Force, in cooperation with the Secretary, shall
conduct a study to determine whether aquatic nuisance species
threaten the ecological characteristics and economic uses of Lake
Champlain and other waters of the United States other than the
Great Lakes.
(3) Shipping study
The Secretary shall conduct a study to determine the need for
controls on vessels entering waters of the United States, other
than the Great Lakes, to minimize the risk of unintentional
introduction and dispersal of aquatic nuisance species in those
waters. The study shall include an examination of -
(A) the degree to which shipping may be a major pathway of
transmission of aquatic nuisance species in those waters;
(B) possible alternatives for controlling introduction of
those species through shipping; and
(C) the feasibility of implementing regional versus national
control measures.
(b) Ecological and ballast water discharge surveys
(1) Ecological surveys
(A) In general
The Task Force, in cooperation with the Secretary, shall
conduct ecological surveys of the Chesapeake Bay, San Francisco
Bay, and Honolulu Harbor and, as necessary, of other estuaries
of national significance and other waters that the Task Force
determines -
(i) to be highly susceptible to invasion by aquatic
nuisance species resulting from ballast water operations and
other operations of vessels; and
(ii) to require further study.
(B) Requirements for surveys
In conducting the surveys under this paragraph, the Task
Force shall, with respect to each such survey -
(i) examine the attributes and patterns of invasions of
aquatic nuisance species; and
(ii) provide an estimate of the effectiveness of ballast
water management and other vessel management guidelines
issued and regulations promulgated under this subchapter in
abating invasions of aquatic nuisance species in the waters
that are the subject of the survey.
(2) Ballast water discharge surveys
(A) In general
The Secretary, in cooperation with the Task Force, shall
conduct surveys of ballast water discharge rates and practices
in the waters referred to in paragraph (1)(A) on the basis of
the criteria under clauses (i) and (ii) of such paragraph.
(B) Requirements for surveys
In conducting the surveys under this paragraph, the Secretary
shall -
(i) examine the rate of, and trends in, ballast water
discharge in the waters that are the subject of the survey;
and
(ii) assess the effectiveness of voluntary guidelines
issued, and regulations promulgated, under this subchapter in
altering ballast water discharge practices to reduce the
probability of accidental introductions of aquatic nuisance
species.
(3) Columbia River
The Secretary, in cooperation with the Task Force and academic
institutions in each of the States affected, shall conduct an
ecological and ballast water discharge survey of the Columbia
River system consistent with the requirements of paragraphs (1)
and (2).
(c) Reports
(1) Ballast exchange
Not later than 18 months after November 29, 1990, and prior to
the effective date of the regulations issued under section
4711(b) of this title, the Task Force shall submit a report to
the Congress that presents the results of the study required
under subsection (a)(1) of this section and makes recommendations
with respect to such regulations.
(2) Biological and shipping studies
Not later than 18 months after November 29, 1990, the Secretary
and the Task Force shall each submit to the Congress a report on
the results of their respective studies under paragraphs (2) and
(3) of subsection (a) of this section.
(d) Negotiations
The Secretary, working through the International Maritime
Organization, is encouraged to enter into negotiations with the
governments of foreign countries concerning the planning and
implementation of measures aimed at the prevention and control of
unintentional introductions of aquatic nuisance species in coastal
waters.
(e) Regional research grants
Out of amounts appropriated to carry out this subsection for a
fiscal year, the Under Secretary may -
(1) make available not to exceed $750,000 to fund research on
aquatic nuisance species prevention and control in the Chesapeake
Bay through grants, to be competitively awarded and subject to
peer review, to universities and research institutions;
(2) make available not to exceed $500,000 to fund research on
aquatic nuisance species prevention and control in the Gulf of
Mexico through grants, to be competitively awarded and subject to
peer review, to universities and research institutions;
(3) make available not to exceed $500,000 to fund research on
aquatic nuisance species prevention and control for the Pacific
Coast through grants, to be competitively awarded and subject to
peer review, to universities and research institutions;
(4) make available not to exceed $500,000 to fund research on
aquatic nuisance species prevention and control for the Atlantic
Coast through grants, to be competitively awarded and subject to
peer review, to universities and research institutions; and
(5) make available not to exceed $750,000 to fund research on
aquatic nuisance species prevention and control in the San
Francisco Bay-Delta Estuary through grants, to be competitively
awarded and subject to peer review, to universities and research
institutions.
(f) National ballast information clearinghouse
(1) In general
The Secretary shall develop and maintain, in consultation and
cooperation with the Task Force and the Smithsonian Institution
(acting through the Smithsonian Environmental Research Center), a
clearinghouse of national data concerning -
(A) ballasting practices;
(B) compliance with the guidelines issued pursuant to section
4711(c) of this title; and
(C) any other information obtained by the Task Force under
subsection (b) of this section.
(2) Report
In consultation and cooperation with the Task Force and the
Smithsonian Institution (acting through the Smithsonian
Environmental Research Center), the Secretary shall prepare and
submit to the Task Force and the Congress, on a biennial basis, a
report that synthesizes and analyzes the data referred to in
paragraph (1) relating to -
(A) ballast water delivery and management; and
(B) invasions of aquatic nuisance species resulting from
ballast water.
-SOURCE-
(Pub. L. 101-646, title I, Sec. 1102, Nov. 29, 1990, 104 Stat.
4764; Pub. L. 104-332, Sec. 2(c), (g), (h)(1), Oct. 26, 1996, 110
Stat. 4081, 4091; Pub. L. 105-362, title XV, Sec. 1502(d), Nov. 10,
1998, 112 Stat. 3295.)
-MISC1-
AMENDMENTS
1998 - Subsec. (f)(2). Pub. L. 105-362 substituted "biennial
basis" for "biannual basis" in introductory provisions.
1996 - Pub. L. 104-332, Sec. 2(h)(1), made technical amendment to
Pub. L. 101-646, Sec. 1102, which enacted this section.
Pub. L. 104-332, Sec. 2(c)(1), substituted "management
information" for "control program" in section catchline.
Subsec. (a)(1). Pub. L. 104-332, Sec. 2(c)(2)(A), inserted ", in
cooperation with the Secretary," before "shall conduct" in
introductory provisions.
Subsec. (a)(2). Pub. L. 104-332, Sec. 2(c)(2), inserted ", in
cooperation with the Secretary," before "shall conduct" and "Lake
Champlain and other" after "economic uses of".
Subsec. (b). Pub. L. 104-332, Sec. 2(c)(3), added subsec. (b) and
struck out heading and text of former subsec. (b). Text read as
follows: "The Secretary and the Task Force shall cooperate in
conducting their respective studies under this section."
Subsec. (c). Pub. L. 104-332, Sec. 2(g), substituted "Congress"
for "appropriate Committees" in pars. (1) and (2).
Subsecs. (e), (f). Pub. L. 104-332, Sec. 2(c)(4), added subsecs.
(e) and (f).
-SECREF-
SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in sections 4711, 4741 of this title.
-End-
-CITE-
16 USC Sec. 4713 01/19/04
-EXPCITE-
TITLE 16 - CONSERVATION
CHAPTER 67 - AQUATIC NUISANCE PREVENTION AND CONTROL
SUBCHAPTER II - PREVENTION OF UNINTENTIONAL INTRODUCTIONS OF
NONINDIGENOUS AQUATIC SPECIES
-HEAD-
Sec. 4713. Armed services ballast water programs
-STATUTE-
(a) Department of Defense vessels
Subject to operational conditions, the Secretary of Defense, in
consultation with the Secretary, the Task Force, and the
International Maritime Organization, shall implement a ballast
water management program for seagoing vessels of the Department of
Defense to minimize the risk of introduction of nonindigenous
species from releases of ballast water.
(b) Coast Guard vessels
Subject to operational conditions, the Secretary, in consultation
with the Task Force and the International Maritime Organization,
shall implement a ballast water management program for seagoing
vessels of the Coast Guard to minimize the risk of introduction of
nonindigenous species from releases of ballast water.
-SOURCE-
(Pub. L. 101-646, title I, Sec. 1103, as added Pub. L. 104-332,
Sec. 2(d), Oct. 26, 1996, 110 Stat. 4083.)
-TRANS-
TRANSFER OF FUNCTIONS
For transfer of authorities, functions, personnel, and assets of
the Coast Guard, including the authorities and functions of the
Secretary of Transportation relating thereto, to the Department of
Homeland Security, and for treatment of related references, see
sections 468(b), 551(d), 552(d), and 557 of Title 6, Domestic
Security, and the Department of Homeland Security Reorganization
Plan of November 25, 2002, as modified, set out as a note under
section 542 of Title 6.
-End-
-CITE-
16 USC Sec. 4714 01/19/04
-EXPCITE-
TITLE 16 - CONSERVATION
CHAPTER 67 - AQUATIC NUISANCE PREVENTION AND CONTROL
SUBCHAPTER II - PREVENTION OF UNINTENTIONAL INTRODUCTIONS OF
NONINDIGENOUS AQUATIC SPECIES
-HEAD-
Sec. 4714. Ballast water management demonstration program
-STATUTE-
(a) "Technologies and practices" defined
For purposes of this section, the term "technologies and
practices" means those technologies and practices that -
(1) may be retrofitted -
(A) on existing vessels or incorporated in new vessel
designs; and
(B) on existing land-based ballast water treatment
facilities;
(2) may be designed into new water treatment facilities;
(3) are operationally practical;
(4) are safe for a vessel and crew;
(5) are environmentally sound;
(6) are cost-effective;
(7) a vessel operator is capable of monitoring; and
(8) are effective against a broad range of aquatic nuisance
species.
(b) Demonstration program
(1) In general
During the 18-month period beginning on the date that funds are
made available by appropriations pursuant to section 4741(e) of
this title, the Secretary of the Interior and the Secretary of
Commerce, with the concurrence of and in cooperation with the
Secretary, shall conduct a ballast water management demonstration
program to demonstrate technologies and practices to prevent
aquatic nonindigenous species from being introduced into and
spread through ballast water in the Great Lakes and other waters
of the United States.
(2) Location
The installation and construction of the technologies and
practices used in the demonstration program conducted under this
subsection shall be performed in the United States.
(3) Vessel selection
In demonstrating technologies and practices on vessels under
this subsection, the Secretary of the Interior and the Secretary
of Commerce, shall -
(A) use only vessels that -
(i) are approved by the Secretary;
(ii) have ballast water systems conducive to testing
aboard-vessel or land-based technologies and practices
applicable to a significant number of merchant vessels; and
(iii) are -
(I) publicly or privately owned; and
(II) in active use for trade or other cargo shipment
purposes during the demonstration;
(B) select vessels for participation in the program by giving
priority consideration -
(i) first, to vessels documented under chapter 121 of title
46;
(ii) second, to vessels that are a majority owned by
citizens of the United States, as determined by the
Secretary; and
(iii) third, to any other vessels that regularly call on
ports in the United States; and
(C) seek to use a variety of vessel types, including vessels
that -
(i) call on ports in the United States and on the Great
Lakes; and
(ii) are operated along major coasts of the United States
and inland waterways, including the San Francisco Bay and
Chesapeake Bay.
(4) Selection of technologies and practices
In selecting technologies and practices for demonstration under
this subsection, the Secretary of the Interior and the Secretary
of Commerce shall give priority consideration to technologies and
practices identified as promising by the National Research
Council Marine Board of the National Academy of Sciences in its
report on ships' ballast water operations issued in July 1996.
(5) Report
Not later than 3 years after October 26, 1996, the Secretary of
the Interior and the Secretary of Commerce shall prepare and
submit a report to the Congress on the demonstration program
conducted pursuant to this section. The report shall include
findings and recommendations of the Secretary of the Interior and
the Secretary of Commerce concerning technologies and practices.
(c) Authorities; consultation and cooperation with International
Maritime Organization and Task Force
(1) Authorities
In conducting the demonstration program under subsection (b) of
this section, the Secretary of the Interior may -
(A) enter into cooperative agreements with appropriate
officials of other agencies of the Federal Government, agencies
of States and political subdivisions thereof, and private
entities;
(B) accept funds, facilities, equipment, or personnel from
other Federal agencies; and
(C) accept donations of property and services.
(2) Consultation and cooperation
The Secretary of the Interior shall consult and cooperate with
the International Maritime Organization and the Task Force in
carrying out this section.
-SOURCE-
(Pub. L. 101-646, title I, Sec. 1104, as added Pub. L. 104-332,
Sec. 2(d), Oct. 26, 1996, 110 Stat. 4083.)
-SECREF-
SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in section 4741 of this title.
-End-
-CITE-
16 USC SUBCHAPTER III - PREVENTION AND CONTROL OF AQUATIC
NUISANCE SPECIES DISPERSAL 01/19/04
-EXPCITE-
TITLE 16 - CONSERVATION
CHAPTER 67 - AQUATIC NUISANCE PREVENTION AND CONTROL
SUBCHAPTER III - PREVENTION AND CONTROL OF AQUATIC NUISANCE SPECIES
DISPERSAL
-HEAD-
SUBCHAPTER III - PREVENTION AND CONTROL OF AQUATIC NUISANCE SPECIES
DISPERSAL
-SECREF-
SUBCHAPTER REFERRED TO IN OTHER SECTIONS
This subchapter is referred to in section 4741 of this title.
-End-
-CITE-
16 USC Sec. 4721 01/19/04
-EXPCITE-
TITLE 16 - CONSERVATION
CHAPTER 67 - AQUATIC NUISANCE PREVENTION AND CONTROL
SUBCHAPTER III - PREVENTION AND CONTROL OF AQUATIC NUISANCE SPECIES
DISPERSAL
-HEAD-
Sec. 4721. Establishment of Task Force
-STATUTE-
(a) Task Force
There is hereby established an "Aquatic Nuisance Species Task
Force".
(b) Membership
Membership of the Task Force shall consist of -
(1) the Director;
(2) the Under Secretary;
(3) the Administrator of the Environmental Protection Agency;
(4) the Commandant of the United States Coast Guard;
(5) the Assistant Secretary;
(6) the Secretary of Agriculture; and
(7) the head of any other Federal agency that the chairpersons
designated under subsection (d) of this section deem appropriate.
(c) Ex officio members
The chairpersons designated under subsection (d) of this section
shall invite representatives of the Great Lakes Commission, the
Lake Champlain Basin Program, the Chesapeake Bay Program, the San
Francisco Bay-Delta Estuary Program, and State agencies and other
governmental entities to participate as ex officio members of the
Task Force.
(d) Chairpersons
The Director and the Under Secretary shall serve as
co-chairpersons of the Task Force and shall be jointly responsible,
and are authorized to undertake such activities as may be
necessary, for carrying out this subchapter in consultation and
cooperation with the other members of the Task Force.
(e) Memorandum of understanding
Within six months of November 29, 1990, the Director and the
Under Secretary shall develop a memorandum of understanding that
describes the role of each in jointly carrying out this subchapter.
(f) Coordination
Each Task Force member shall coordinate any action to carry out
this subchapter with any such action by other members of the Task
Force, and regional, State and local entities.
-SOURCE-
(Pub. L. 101-646, title I, Sec. 1201, Nov. 29, 1990, 104 Stat.
4765; Pub. L. 104-182, title III, Sec. 308(b), Aug. 6, 1996, 110
Stat. 1689; Pub. L. 104-332, Sec. 2(e)(2), (h)(1), Oct. 26, 1996,
110 Stat. 4085, 4091.)
-REFTEXT-
REFERENCES IN TEXT
This subchapter, referred to in subsecs. (d) to (f), was in the
original "this subtitle", meaning subtitle C (Secs. 1201-1209) of
title I of Pub. L. 101-646, Nov. 29, 1990, 104 Stat. 4765, which
enacted this subchapter and amended section 42 of Title 18, Crimes
and Criminal Procedure.
-MISC1-
AMENDMENTS
1996 - Pub. L. 104-332, Sec. 2(h)(1), made technical amendment to
Pub. L. 101-646, Sec. 1201, which enacted this section.
Subsec. (b)(5) to (7). Pub. L. 104-332, Sec. 2(e)(2)(A), struck
out "and" at end of par. (5), added par. (6), and redesignated
former par. (6) as (7).
Subsec. (c). Pub. L. 104-332, Sec. 2(e)(2)(B), inserted "the
Chesapeake Bay Program, the San Francisco Bay-Delta Estuary
Program," before "and State agencies".
Pub. L. 104-182 inserted ", the Lake Champlain Basin Program,"
after "Great Lakes Commission".
-TRANS-
TRANSFER OF FUNCTIONS
For transfer of authorities, functions, personnel, and assets of
the Coast Guard, including the authorities and functions of the
Secretary of Transportation relating thereto, to the Department of
Homeland Security, and for treatment of related references, see
sections 468(b), 551(d), 552(d), and 557 of Title 6, Domestic
Security, and the Department of Homeland Security Reorganization
Plan of November 25, 2002, as modified, set out as a note under
section 542 of Title 6.
-SECREF-
SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in section 4702 of this title.
-End-
-CITE-
16 USC Sec. 4722 01/19/04
-EXPCITE-
TITLE 16 - CONSERVATION
CHAPTER 67 - AQUATIC NUISANCE PREVENTION AND CONTROL
SUBCHAPTER III - PREVENTION AND CONTROL OF AQUATIC NUISANCE SPECIES
DISPERSAL
-HEAD-
Sec. 4722. Aquatic nuisance species program
-STATUTE-
(a) In general
The Task Force shall develop and implement a program for waters
of the United States to prevent introduction and dispersal of
aquatic nuisance species; to monitor, control and study such
species; and to disseminate related information.
(b) Content
The program developed under subsection (a) of this section shall
-
(1) identify the goals, priorities, and approaches for aquatic
nuisance species prevention, monitoring, control, education and
research to be conducted or funded by the Federal Government;
(2) describe the specific prevention, monitoring, control,
education and research activities to be conducted by each Task
Force member;
(3) coordinate aquatic nuisance species programs and activities
of Task Force members and affected State agencies;
(4) describe the role of each Task Force member in implementing
the elements of the program as set forth in this subchapter;
(5) include recommendations for funding to implement elements
of the program; and
(6) develop a demonstration program of prevention, monitoring,
control, education and research for the zebra mussel, to be
implemented in the Great Lakes and any other waters infested, or
likely to become infested in the near future, by the zebra
mussel.
(c) Prevention
(1) In general
The Task Force shall establish and implement measures, within
the program developed under subsection (a) of this section, to
minimize the risk of introduction of aquatic nuisance species to
waters of the United States, including -
(A) identification of pathways by which aquatic organisms are
introduced to waters of the United States;
(B) assessment of the risk that an aquatic organism carried
by an identified pathway may become an aquatic nuisance
species; and
(C) evaluation of whether measures to prevent introductions
of aquatic nuisance species are effective and environmentally
sound.
(2) Implementation
Whenever the Task Force determines that there is a substantial
risk of unintentional introduction of an aquatic nuisance species
by an identified pathway and that the adverse consequences of
such an introduction are likely to be substantial, the Task Force
shall, acting through the appropriate Federal agency, and after
an opportunity for public comment, carry out cooperative,
environmentally sound efforts with regional, State and local
entities to minimize the risk of such an introduction.
(d) Monitoring
The Task Force shall establish and implement monitoring measures,
within the program developed under subsection (a) of this section,
to -
(1) detect unintentional introductions of aquatic nuisance
species;
(2) determine the dispersal of aquatic nuisance species after
introduction; and
(3) provide for the early detection and prevention of
infestations of aquatic nuisance species in unaffected drainage
basins.
(e) Control
(1) In general
The Task Force may develop cooperative efforts, within the
program established under subsection (a) of this section, to
control established aquatic nuisance species to minimize the risk
of harm to the environment and the public health and welfare. For
purposes of this chapter, control efforts include eradication of
infestations, reductions of populations, development of means of
adapting human activities and public facilities to accommodate
infestations, and prevention of the spread of aquatic nuisance
species from infested areas. Such control efforts shall be
developed in consultation with affected Federal agencies, States,
Indian Tribes, local governments, interjurisdictional
organizations, and other appropriate entities. Control actions
authorized by this section shall be based on the best available
scientific information and shall be conducted in an
environmentally sound manner.
(2) Decisions
The Task Force or any other affected agency or entity may
recommend that the Task Force initiate a control effort. In
determining whether a control program is warranted, the Task
Force shall evaluate the need for control (including the
projected consequences of no control and less than full control);
the technical and biological feasibility and cost-effectiveness
of alternative control strategies and actions; whether the
benefits of control, including costs avoided, exceed the costs of
the program; the risk of harm to non-target organisms and
ecosystems, public health and welfare; and such other
considerations the Task Force determines appropriate. The Task
Force shall also determine the nature and extent of control of
target aquatic nuisance species that is feasible and desirable.
(3) Programs
If the Task Force determines in accordance with paragraph (2)
that control of an aquatic nuisance species is warranted, the
Task Force shall develop a proposed control program to achieve
the target level of control. A notice summarizing the proposed
action and soliciting comments shall be published in the Federal
Register, in major newspapers in the region affected, and in
principal trade publications of the industries affected. Within
180 days of proposing a control program, and after consultation
with affected governmental and other appropriate entities and
taking into consideration other comments received, the Task Force
shall complete development of the proposed control program.
(f) Research
(1) Priorities
The Task Force shall, within the program developed under
subsection (a) of this section, conduct research concerning -
(A) the environmental and economic risks and impacts
associated with the introduction of aquatic nuisance species
into the waters of the United States;
(B) the principal pathways by which aquatic nuisance species
are introduced and dispersed;
(C) possible methods for the prevention, monitoring and
control of aquatic nuisance species; and
(D) the assessment of the effectiveness of prevention,
monitoring and control methods.
(2) Protocol
Within 90 days of November 29, 1990, the Task Force shall
establish and follow a protocol to ensure that research
activities carried out under this subchapter do not result in the
introduction of aquatic nuisance species to waters of the United
States.
(3) Grants for research
The Task Force shall allocate funds authorized under this
chapter for competitive research grants to study all aspects of
aquatic nuisance species, which shall be administered through the
National Sea Grant College Program and the Cooperative Fishery
and Wildlife Research Units. Grants shall be conditioned to
ensure that any recipient of funds follows the protocol
established under paragraph (2) of this subsection.
(g) Technical assistance
The Task Force shall, within the program developed under
subsection (a) of this section, provide technical assistance to
State and local governments and persons to minimize the
environmental, public health, and safety risks associated with
aquatic nuisance species, including an early warning system for
advance notice of possible infestations and appropriate responses.
(h) Education
The Task Force shall, with the program developed under subsection
(a) of this section, establish and implement educational programs
through Sea Grant Marine Advisory Services and any other available
resources that it determines to be appropriate to inform the
general public, State governments, governments of political
subdivisions of States, and industrial and recreational users of
aquatic resources in connection with matters concerning the
identification of aquatic nuisance species, and control methods for
such species, including the prevention of the further distribution
of such species.
(i) Zebra mussel demonstration program
(1) Zebra mussel
(A) In general
The Task Force shall, within the program developed under
subsection (a) of this section, undertake a program of
prevention, monitoring, control, education and research for the
zebra mussel to be implemented in the Great Lakes and any other
waters of the United States infested or likely to become
infested by the zebra mussel, including -
(i) research and development concerning the species life
history, environmental tolerances and impacts on fisheries
and other ecosystem components, and the efficacy of control
mechanisms and means of avoiding or minimizing impacts;
(ii) tracking the dispersal of the species and
establishment of an early warning system to alert likely
areas of future infestations;
(iii) development of control plans in coordination with
regional, State and local entities; and
(iv) provision of technical assistance to regional, State
and local entities to carry out this section.
(B) Public facility research and development
The Assistant Secretary, in consultation with the Task Force,
shall develop a program of research, technology development,
and demonstration for the environmentally sound control of
zebra mussels in and around public facilities. The Assistant
Secretary shall collect and make available, through
publications and other appropriate means, information
pertaining to such control methods.
(C) Voluntary guidelines
Not later than 1 year after October 26, 1996, the Task Force
shall develop and submit to the Secretary voluntary guidelines
for controlling the spread of the zebra mussel and, if
appropriate, other aquatic nuisance species through
recreational activities, including boating and fishing. Not
later than 4 months after the date of such submission, and
after providing notice and an opportunity for public comment,
the Secretary shall issue voluntary guidelines that are based
on the guidelines developed by the Task Force under this
subparagraph.
(2) Dispersal containment analysis
(A) Research
The Administrator of the Environmental Protection Agency, in
cooperation with the National Science Foundation and the Task
Force, shall provide research grants on a competitive basis for
projects that -
(i) identify environmentally sound methods for controlling
the dispersal of aquatic nuisance species, such as the zebra
mussel; and
(ii) adhere to research protocols developed pursuant to
subsection (f)(2) of this section.
(B) Authorization of appropriations
There are authorized to be appropriated to the Environmental
Protection Agency to carry out this paragraph, $500,000.
(3) Dispersal barrier demonstration
(A) In general
The Assistant Secretary, in consultation with the Task Force,
shall investigate and identify environmentally sound methods
for preventing and reducing the dispersal of aquatic nuisance
species between the Great Lakes-Saint Lawrence drainage and the
Mississippi River drainage through the Chicago River Ship and
Sanitary Canal, including any of those methods that could be
incorporated into the operation or construction of the lock
system of the Chicago River Ship and Sanitary Canal.
(B) Report
Not later than 18 months after October 26, 1996, the
Assistant Secretary shall issue a report to the Congress that
includes recommendations concerning -
(i) which of the methods that are identified under the
study conducted under this paragraph are most promising with
respect to preventing and reducing the dispersal of aquatic
nuisance species; and
(ii) ways to incorporate those methods into ongoing
operations of the United States Army Corps of Engineers that
are conducted at the Chicago River Ship and Sanitary Canal.
(C) Authorization of appropriations
There are authorized to be appropriated to the Department of
the Army, to carry out this paragraph, $750,000.
(4) Contributions
To the extent allowable by law, in carrying out the studies
under paragraphs (2) and (3), the Administrator of the
Environmental Protection Agency and the Secretary of the Army may
enter into an agreement with an interested party under which that
party provides in kind or monetary contributions for the study.
(5) Technical assistance
The Great Lakes Environmental Research Laboratory of the
National Oceanic and Atmospheric Administration shall provide
technical assistance to appropriate entities to assist in the
research conducted pursuant to this subsection.
(j) Implementation
(1) Regulations
The Director, the Secretary, and the Under Secretary may issue
such rules and regulations as may be necessary to implement this
section.
(2) Participation of others
The Task Force shall provide opportunities for affected Federal
agencies which are not part of the Task Force, State and local
government agencies, and regional and other entities with the
necessary expertise to participate in control programs. If these
other agencies or entities have sufficient authority or
jurisdiction and expertise and where this will be more efficient
or effective, responsibility for implementing all or a portion of
a control program may be delegated to such agencies or entities.
(k) Reports
(1) Not later than 12 months after November 29, 1990, the Task
Force shall submit a report describing the program developed under
subsection (a) of this section, including the research protocol
required under subsection (f)(2) of this section, to the Congress.
(2) On an annual basis after the submission of the report under
paragraph (1), the Task Force shall submit a report to the Congress
detailing progress in carrying out this section.
-SOURCE-
(Pub. L. 101-646, title I, Sec. 1202, Nov. 29, 1990, 104 Stat.
4766; Pub. L. 104-332, Sec. 2(e)(3), (4), (g), (h)(1), Oct. 26,
1996, 110 Stat. 4085, 4087, 4091.)
-REFTEXT-
REFERENCES IN TEXT
This chapter, referred to in subsecs. (e)(1) and (f)(3), was in
the original "this Act", which, to reflect the probable intent of
Congress, was translated as reading "this title" meaning title I of
Pub. L. 101-646, Nov. 29, 1990, 104 Stat. 4761, known as the
Nonindigenous Aquatic Nuisance Prevention and Control Act of 1990,
which is classified principally to this chapter. For complete
classification of title I to the Code, see Short Title note set out
under section 4701 of this title and Tables.
-MISC1-
AMENDMENTS
1996 - Pub. L. 104-332, Sec. 2(h)(1), made technical amendment to
Pub. L. 101-646, Sec. 1202, which enacted this section.
Subsec. (f)(1)(A). Pub. L. 104-332, Sec. 2(e)(3)(A), inserted
"and impacts" after "economic risks".
Subsec. (i). Pub. L. 104-332, Sec. 2(e)(3)(B), designated
existing provisions as par. (1), redesignated former pars. (1) and
(2) as subpars. (A) and (B), respectively, and former subpars. (A)
to (D) of par. (1) as cls. (i) to (iv), respectively, of subpar.
(A), inserted new par. (1) heading, substituted "The Assistant
Secretary, in consultation with the Task Force, shall develop a
program of research, technology development, and demonstration for
the environmentally sound control of zebra mussels in and around
public facilities." for "The Assistant Secretary, in consultation
with the Task Force, shall develop a program of research and
technology development for the environmentally sound control of
zebra mussels in and around public facilities." in subpar. (B), and
added subpar. (C) and pars. (2) to (5).
Subsec. (j)(1). Pub. L. 104-332, Sec. 2(e)(4), substituted "The
Director, the Secretary," for "Not later than 18 months after
November 29, 1990, the Director".
Subsec. (k). Pub. L. 104-332, Sec. 2(g), substituted "Congress"
for "appropriate Committees" in pars. (1) and (2).
-SECREF-
SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in sections 4723, 4725, 4741 of this
title.
-End-
-CITE-
16 USC Sec. 4723 01/19/04
-EXPCITE-
TITLE 16 - CONSERVATION
CHAPTER 67 - AQUATIC NUISANCE PREVENTION AND CONTROL
SUBCHAPTER III - PREVENTION AND CONTROL OF AQUATIC NUISANCE SPECIES
DISPERSAL
-HEAD-
Sec. 4723. Regional coordination
-STATUTE-
(a) Great Lakes panel
(1) In general
Not later than 30 days following November 29, 1990, the Task
Force shall request that the Great Lakes Commission (established
under Article IV of the Great Lakes Compact to which the Congress
granted consent in the Act of July 24, 1968, P.L. 90-419) convene
a panel of Great Lakes region representatives from Federal, State
and local agencies and from private environmental and commercial
interests to -
(A) identify priorities for the Great Lakes region with
respect to aquatic nuisance species;
(B) make recommendations to the Task Force regarding programs
to carry out section 4722(i) of this title;
(C) assist the Task Force in coordinating Federal aquatic
nuisance species program activities in the Great Lakes region;
(D) coordinate, where possible, aquatic nuisance species
program activities in the Great Lakes region that are not
conducted pursuant to this chapter;
(E) provide advice to public and private individuals and
entities concerning methods of controlling aquatic nuisance
species; and
(F) submit annually a report to the Task Force describing
activities within the Great Lakes region related to aquatic
nuisance species prevention, research,(!1) control.
(2) Consultation
The Task Force shall request that the Great Lakes Fishery
Commission provide information to the panel convened under this
subsection on technical and policy matters related to the
international fishery resources of the Great Lakes.
(3) Canadian participation
The panel convened under this subsection is encourage (!2) to
invite representatives from the Federal, provincial or
territorial governments of Canada to participate as observers.
(b) Western regional panel
Not later than 30 days after October 26, 1996, the Task Force
shall request a Western regional panel, comprised of Western region
representatives from Federal, State, and local agencies and from
private environmental and commercial interests, to -
(1) identify priorities for the Western region with respect to
aquatic nuisance species;
(2) make recommendations to the Task Force regarding an
education, monitoring (including inspection), prevention, and
control program to prevent the spread of the zebra mussel west of
the 100th Meridian pursuant to section 4722(i) of this title;
(3) coordinate, where possible, other aquatic nuisance species
program activities in the Western region that are not conducted
pursuant to this chapter;
(4) develop an emergency response strategy for Federal, State,
and local entities for stemming new invasions of aquatic nuisance
species in the region;
(5) provide advice to public and private individuals and
entities concerning methods of preventing and controlling aquatic
nuisance species infestations; and
(6) submit annually a report to the Task Force describing
activities within the Western region related to aquatic nuisance
species prevention, research, and control.
(c) Additional regional panels
The Task Force shall -
(1) encourage the development and use of regional panels and
other similar entities in regions in addition to the Great Lakes
and Western regions (including providing financial assistance for
the development and use of such entities) to carry out, with
respect to those regions, activities that are similar to the
activities described in subsections (a) and (b) of this section;
and
(2) cooperate with regional panels and similar entities that
carry out the activities described in paragraph (1).
-SOURCE-
(Pub. L. 101-646, title I, Sec. 1203, Nov. 29, 1990, 104 Stat.
4769; Pub. L. 104-332, Sec. 2(e)(5), (h)(1), Oct. 26, 1996, 110
Stat. 4087, 4091.)
-REFTEXT-
REFERENCES IN TEXT
Act of July 24, 1968, referred to in subsec. (a)(1), is Pub. L.
90-419, July 24, 1968, 82 Stat. 414, which is not classified to the
Code.
This chapter, referred to in subsecs. (a)(1)(D) and (b)(3), was
in the original "this Act", which, to reflect the probable intent
of Congress, was translated as reading "this title" meaning title I
of Pub. L. 101-646, Nov. 29, 1990, 104 Stat. 4761, known as the
Nonindigenous Aquatic Nuisance Prevention and Control Act of 1990,
which is classified principally to this chapter. For complete
classification of title I to the Code, see Short Title note set out
under section 4701 of this title and Tables.
-MISC1-
AMENDMENTS
1996 - Pub. L. 104-332, Sec. 2(h)(1), made technical amendment to
Pub. L. 101-646, Sec. 1203, which enacted this section.
Pub. L. 104-332, Sec. 2(e)(5)(A), substituted "Regional" for
"Great Lakes regional" in section catchline.
Pub. L. 104-332, Sec. 2(e)(5)(B)-(F), designated existing
provisions as subsec. (a) and inserted subsec. heading,
redesignated former subsec. (a) as par. (1), and former pars. (1)
to (6) as subpars. (A) to (F), respectively, of par. (1), in par.
(1) inserted "region" before "representatives" in introductory
provisions and after "Great Lakes" in subpars. (A), (C), (D), and
(F), redesignated subsecs. (b) and (c) as pars. (2) and (3),
respectively, of subsec. (a), substituted "this subsection" for
"this section" in those pars., and added subsecs. (b) and (c).
-SECREF-
SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in section 4741 of this title.
-FOOTNOTE-
(!1) So in original. Probably should be followed by "and".
(!2) So in original. Probably should be "encouraged".
-End-
-CITE-
16 USC Sec. 4724 01/19/04
-EXPCITE-
TITLE 16 - CONSERVATION
CHAPTER 67 - AQUATIC NUISANCE PREVENTION AND CONTROL
SUBCHAPTER III - PREVENTION AND CONTROL OF AQUATIC NUISANCE SPECIES
DISPERSAL
-HEAD-
Sec. 4724. State aquatic nuisance species management plans
-STATUTE-
(a) State or interstate invasive species management plans
(1) In general
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) Content
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) Consultation
(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) Plan approval
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) Grant program
(1) State grants
The Director may, at the recommendation of the Task Force, make
grants to States with management plans approved under subsection
(a) of this section for the implementation of those plans.
(2) Application
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) Federal share
(A) The Federal share of the costof each comprehensive (continued)