CCLME.ORG - Nonindigenous Aquatic Nuisance Prevention and Control Act
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(continued) of each comprehensive
management plan implemented with Federal assistance under this
section in any fiscal year shall not exceed 75 percent of the
cost incurred by the State in implementing such management
program and the non-Federal share of such costs shall be provided
from non-Federal sources.
(B) The Federal share of the cost of each public facility
management plan implemented with Federal assistance under this
section in any fiscal year shall not exceed 50 percent of the
cost incurred by the State in implementing such management
program and the non-Federal share of such costs shall be provided
from non-Federal sources.
(4) Adminisrative (!1) costs

For the purposes of this section, administrative costs for
activities and programs carried out with a grant in any fiscal
year shall not exceed 5 percent of the amount of the grant in
that year.
(5) In-kind contributions
In addition to cash outlays and payments, in-kind contributions
of property or personnel services by non-Federal interests for
activities under this section may be used for the non-Federal
share of the cost of those activities.
(c) Enforcement assistance
Upon request of a State or Indian tribe, the Director or the
Under Secretary, to the extent allowable by law and in a manner
consistent with section 141 of title 14, may provide assistance to
a State or Indian tribe in enforcing an approved State or
interstate invasive species management plan.

-SOURCE-
(Pub. L. 101-646, title I, Sec. 1204, Nov. 29, 1990, 104 Stat.
4770; Pub. L. 104-332, Sec. 2(e)(6), (h)(1), Oct. 26, 1996, 110
Stat. 4089, 4091.)


-MISC1-
AMENDMENTS
1996 - Pub. L. 104-332, Sec. 2(h)(1), made technical amendment to
Pub. L. 101-646, Sec. 1204, which enacted this section.
Subsec. (a). Pub. L. 104-332, Sec. 2(e)(6)(A)(i), substituted
"State or interstate invasive species management plans" for "State
plan" in heading.
Subsec. (a)(1). Pub. L. 104-332, Sec. 2(e)(6)(A)(ii)(I),
substituted "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" for "The Governor of each State may, after notice and
opportunity for public comment, prepare and submit" in introductory
provisions.
Subsec. (a)(1)(A). Pub. L. 104-332, Sec. 2(e)(6)(A)(ii)(II),
(III), inserted "or within the interstate region involved" after
"within the State" and substituted "technical, enforcement, or
financial assistance (or any combination thereof)" for "technical
and financial assistance".
Subsec. (a)(1)(B). Pub. L. 104-332, Sec. 2(e)(6)(A)(ii)(III),
inserted "or within the interstate region involved" after "within
the State".
Subsec. (a)(2)(B). Pub. L. 104-332, Sec. 2(e)(6)(A)(iii)(I),
struck out "and" at end.
Subsec. (a)(2)(C). Pub. L. 104-332, Sec. 2(e)(6)(A)(iii)(III),
added subpar. (C). Former subpar. (C) redesignated (D).
Subsec. (a)(2)(D). Pub. L. 104-332, Sec. 2(e)(6)(A)(iii)(II),
(IV), redesignated subpar. (C) as (D) and inserted ", and enabling
legislation" before period.
Subsec. (a)(3)(A). Pub. L. 104-332, Sec. 2(e)(6)(A)(iv)(I),
inserted "or interstate organization" after "the State" and "Indian
tribes," after "local governments and regional entities,".
Subsec. (a)(3)(B). Pub. L. 104-332, Sec. 2(e)(6)(A)(iv)(II),
inserted "or the appropriate official of an interstate
organization" after "a State".
Subsec. (a)(4). Pub. L. 104-332, Sec. 2(e)(6)(A)(v), inserted "or
the interstate organization" after "the Governor".
Subsec. (b)(1). Pub. L. 104-332, Sec. 2(e)(6)(B), struck out "or
the Assistant Secretary, as appropriate under subsection (a) of
this section," after "The Director" and substituted "management
plans approved under subsection (a) of this section" for "approved
management plans".
Subsec. (c). Pub. L. 104-332, Sec. 2(e)(6)(C), added subsec. (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 "Administrative".


-End-



-CITE-
16 USC Sec. 4725 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. 4725. Relationship to other laws

-STATUTE-
All actions taken by Federal agencies in implementing the
provisions of section 4722 of this title shall be consistent with
all applicable Federal, State, and local environmental laws.
Nothing in this chapter shall affect the authority of any State or
political subdivision thereof to adopt or enforce control measures
for aquatic nuisance species, or diminish or affect the
jurisdiction of any State over species of fish and wildlife.
Compliance with the control and eradication measures of any State
or political subdivision thereof regarding aquatic nuisance species
shall not relieve any person of the obligation to comply with the
provisions of this subchapter.

-SOURCE-
(Pub. L. 101-646, title I, Sec. 1205, Nov. 29, 1990, 104 Stat.
4771; Pub. L. 104-332, Sec. 2(h)(1), Oct. 26, 1996, 110 Stat.
4091.)

-REFTEXT-
REFERENCES IN TEXT
This chapter, referred to in text, was in the original "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 made technical amendment to Pub. L.
101-646, Sec. 1205, which enacted this section.

-End-



-CITE-
16 USC Sec. 4726 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. 4726. International cooperation

-STATUTE-
(a) Advice
The Task Force shall provide timely advice to the Secretary of
State concerning aquatic nuisance species that infest waters shared
with other countries.
(b) Negotiations
The Secretary of State, in consultation with the Task Force, is
encouraged to initiate negotiations with the governments of foreign
countries concerning the planning and implementation of prevention,
monitoring, research, education, and control programs related to
aquatic nuisance species infesting shared water resources.

-SOURCE-
(Pub. L. 101-646, title I, Sec. 1206, Nov. 29, 1990, 104 Stat.
4771; Pub. L. 104-332, Sec. 2(h)(1), Oct. 26, 1996, 110 Stat.
4091.)


-MISC1-
AMENDMENTS
1996 - Pub. L. 104-332 made technical amendment to Pub. L.
101-646, Sec. 1206, which enacted this section.

-End-



-CITE-
16 USC Sec. 4727 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. 4727. Intentional introductions policy review

-STATUTE-
Within one year of November 29, 1990, the Task Force shall, in
consultation with State fish and wildlife agencies, other regional,
State and local entities, potentially affected industries and other
interested parties, identify and evaluate approaches for reducing
the risk of adverse consequences associated with intentional
introduction of aquatic organisms and submit a report of their
findings, conclusions and recommendations to the Congress.

-SOURCE-
(Pub. L. 101-646, title I, Sec. 1207, Nov. 29, 1990, 104 Stat.
4771; Pub. L. 104-332, Sec. 2(g), (h)(1), Oct. 26, 1996, 110 Stat.
4091.)


-MISC1-
AMENDMENTS
1996 - Pub. L. 104-332, Sec. 2(h)(1), made technical amendment to
Pub. L. 101-646, Sec. 1207, which enacted this section.
Pub. L. 104-332, Sec. 2(g), substituted "Congress" for
"appropriate Committees".

-SECREF-
SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in section 4741 of this title.

-End-



-CITE-
16 USC Sec. 4728 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. 4728. Brown tree snake control program

-STATUTE-
The Task Force shall, within the program developed under
subsection (a),(!1) undertake a comprehensive, environmentally
sound program in coordination with regional, territorial, State and
local entities to control the brown tree snake (Boiga irregularis)
in Guam and other areas where the species is established outside of
its historic range.


-SOURCE-
(Pub. L. 101-646, title I, Sec. 1209, Nov. 29, 1990, 104 Stat.
4772; Pub. L. 104-332, Sec. 2(h)(1), Oct. 26, 1996, 110 Stat.
4091.)


-MISC1-
AMENDMENTS
1996 - Pub. L. 104-332 made technical amendment to Pub. L.
101-646, Sec. 1209, which enacted this section.

-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 "subsection (a) of section
4722 of this title,".


-End-


-CITE-
16 USC SUBCHAPTER IV - AUTHORIZATION OF APPROPRIATIONS 01/19/04

-EXPCITE-
TITLE 16 - CONSERVATION
CHAPTER 67 - AQUATIC NUISANCE PREVENTION AND CONTROL
SUBCHAPTER IV - AUTHORIZATION OF APPROPRIATIONS

-HEAD-
SUBCHAPTER IV - AUTHORIZATION OF APPROPRIATIONS

-End-



-CITE-
16 USC Sec. 4741 01/19/04

-EXPCITE-
TITLE 16 - CONSERVATION
CHAPTER 67 - AQUATIC NUISANCE PREVENTION AND CONTROL
SUBCHAPTER IV - AUTHORIZATION OF APPROPRIATIONS

-HEAD-
Sec. 4741. Authorization of appropriations

-STATUTE-
(a) Prevention of unintentional introductions
There are authorized to be appropriated to develop and implement
the provisions of subchapter II of this chapter -
(1) $500,000 until the end of fiscal year 1992 to the Secretary
to carry out sections 4711 and 4712(a)(3) of this title;
(2) $2,000,000 until the end of fiscal year 1992 to the
Director and Under Secretary to carry out the studies under
sections 4712(a)(1) and 4712(a)(2 (!1) of this title;

(3) to the Secretary to carry out section 4711 of this title -
(A) $2,000,000 for each of fiscal years 1997 and 1998; and
(B) $3,000,000 for each of fiscal years 1999 through 2002;

(4) for each of fiscal years 1997 through 2002, to carry out
paragraphs (1) and (2) of section 4712(b) of this title -
(A) $1,000,000 to the Department of the Interior, to be used
by the Director; and
(B) $1,000,000 to the Secretary; and

(5) for each of fiscal years 1997 through 2002 -
(A) $3,000,000, which shall be made available from funds
otherwise authorized to be appropriated if such funds are so
authorized, to the Under Secretary to carry out section 4712(e)
of this title; and
(B) $500,000 to the Secretary to carry out section 4712(f) of
this title.
(b) Task Force and aquatic nuisance species program
There are authorized to be appropriated for each of fiscal years
1997 through 2002 to develop and implement the provisions of
subchapter III of this chapter -
(1) $6,000,000 to the Department of the Interior, to be used by
the Director to carry out sections 4722 and 4728 of this title;
(2) $1,000,000 to the Department of Commerce, to be used by the
Under Secretary to carry out section 4722 of this title;
(3) $1,625,000, which shall be made available from funds
otherwise authorized to be appropriated if such funds are so
authorized, to fund aquatic nuisance species prevention and
control research under section 4722(i) of this title at the Great
Lakes Environmental Research Laboratory of the National Oceanic
and Atmospheric Administration, of which $500,000 shall be made
available for grants, to be competitively awarded and subject to
peer review, for research relating to Lake Champlain;
(4) $5,000,000 for competitive grants for university research
on aquatic nuisance species under section 4722(f)(3) of this
title as follows:
(A) $2,800,000, which shall be made available from funds
otherwise authorized to be appropriated if such funds are so
authorized, to fund grants under section 1124 of title 33;
(B) $1,200,000 to fund grants to colleges for the benefit of
agriculture and the mechanic arts referred to in section 322 of
title 7; and
(C) $1,000,000 to fund grants through the Cooperative
Fisheries and Wildlife Research Unit Program of the United
States Fish and Wildlife Service;

(5) $3,000,000 to the Department of the Army, to be used by the
Assistant Secretary to carry out section 4722(i)(1)(B) of this
title; and
(6) $300,000 to the Department of the Interior, to be used by
the Director to fund regional panels and similar entities under
section 4723 of this title, of which $100,000 shall be used to
fund activities of the Great Lakes Commission.
(c) Grants for State management programs
There are authorized to be appropriated for each of fiscal years
1997 through 2002 $4,000,000 to the Department of the Interior, to
be used by the Director for making grants under section 4724 of
this title, of which $1,500,000 shall be used by the Director, in
consultation with the Assistant Secretary, for management of
aquatic nuisance vegetation species.
(d) Intentional introductions policy review
There are authorized to be appropriated for fiscal year 1991,
$500,000 to the Director and the Under Secretary to conduct the
intentional introduction policy review under section 4727 of this
title.
(e) Ballast water management demonstration program
There are authorized to be appropriated $2,500,000 to carry out
section 4714 of this title.
(f) Research
There are authorized to be appropriated to the Director
$1,000,000 to carry out research on the prevention, monitoring, and
control of aquatic nuisance species in Narragansett Bay, Rhode
Island. The funds shall be made available for use by the Department
of Environmental Management of the State of Rhode Island.

-SOURCE-
(Pub. L. 101-646, title I, Sec. 1301, Nov. 29, 1990, 104 Stat.
4772; Pub. L. 102-186, Sec. 4(b)(2), Dec. 4, 1991, 105 Stat. 1283;
Pub. L. 104-332, Sec. 2(f), (h)(1), Oct. 26, 1996, 110 Stat. 4090,
4091.)

-COD-
CODIFICATION
"Section 322 of title 7" substituted in subsec. (b)(4)(B) for
"the first section of the Act of August 30, 1890 (26 Stat. 417,
chapter 841; 7 U.S.C. 322)". Section 1 of the act of Aug. 30, 1890,
is classified to sections 322 and 323 of Title 7, Agriculture, but
only section 322 refers to agriculture and the mechanic arts.


-MISC1-
AMENDMENTS
1996 - Pub. L. 104-332, Sec. 2(h)(1), made technical amendment to
Pub. L. 101-646, Sec. 1301, which enacted this section.
Subsec. (a)(3). Pub. L. 104-332, Sec. 2(f)(1)(B), added par. (3)
and struck out former par. (3) which read as follows: "$1,000,000
for each of fiscal years 1993, 1994, and 1995 to the Secretary for
implementation and enforcement of the regulations promulgated under
section 4711 of this title."
Subsec. (a)(4), (5). Pub. L. 104-332, Sec. 2(f)(1)(A), (C), added
pars. (4) and (5).
Subsec. (b). Pub. L. 104-332, Sec. 2(f)(2)(A), substituted "1997
through 2002" for "1991, 1992, 1993, 1994, and 1995" in
introductory provisions.
Subsec. (b)(1) to (7). Pub. L. 104-332, Sec. 2(f)(2)(B), added
pars. (1) to (6) and struck out former pars. (1) to (7) which read
as follows:
"(1) $7,000,000 to the Director to carry out sections 4722 and
4728 of this title;
"(2) $5,000,000 to the Under Secretary to carry out section 4722
of this title;
"(3) $1,125,000 to fund aquatic nuisance species prevention and
control research under section 4722(i) of this title at the Great
Lakes Environmental Research Laboratory of the National Oceanic and
Atmospheric Administration;
"(4) $5,000,000 for competitive grants for university research on
aquatic nuisance species under section 4722(f)(3) of this title as
follows:
"(A) $3,375,000 to fund grants under the National Sea Grant
College Program Act (33 U.S.C. 1121 et seq.), and of this amount,
$2,500,000 to fund grants in the Great Lakes region; and
"(B) $1,675,000 to fund grants through the Cooperative
Fisheries and Wildlife Research Unit Program of the United States
Fish and Wildlife Service;
"(5) $500,000 to fund Sea Grant Marine Advisory Services
education and technical assistance related to infestations of zebra
mussels under sections 4722(g) and (h) of this title;
"(6) $200,000 to fund aquatic nuisance species prevention and
control activities of the Great Lakes Commission; and
"(7) $2,000,000 to the Assistant Secretary to carry out section
4722(i)(2) of this title."
Subsec. (c). Pub. L. 104-332, Sec. 2(f)(3), added subsec. (c) and
struck out heading and text of former subsec. (c). Text read as
follows: "There are authorized to be appropriated for each of
fiscal years 1991, 1992, 1993, 1994, and 1995 to make grants under
section 4724 of this title -
"(1) $2,500,000 to the Director; and
"(2) $5,000,000 to the Assistant Secretary."
Subsecs. (e), (f). Pub. L. 104-332, Sec. 2(f)(4), added subsecs.
(e) and (f).
1991 - Subsec. (b)(4)(A). Pub. L. 102-186 amended subpar. (A)
generally. Prior to amendment, subpar. (A) read as follows:
"$3,375,000 to fund grants under section 1125 of title 33, and of
this amount, $2,500,000 to fund grants in the Great Lakes region;
and".

-SECREF-
SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in section 4714 of this title; title
33 section 1131.

-FOOTNOTE-
(!1) So in original. Probably should be followed by a closing
parenthesis.


-End-


-CITE-
16 USC SUBCHAPTER V - COOPERATIVE ENVIRONMENTAL ANALYSES 01/19/04

-EXPCITE-
TITLE 16 - CONSERVATION
CHAPTER 67 - AQUATIC NUISANCE PREVENTION AND CONTROL
SUBCHAPTER V - COOPERATIVE ENVIRONMENTAL ANALYSES

-HEAD-
SUBCHAPTER V - COOPERATIVE ENVIRONMENTAL ANALYSES

-End-



-CITE-
16 USC Sec. 4751 01/19/04

-EXPCITE-
TITLE 16 - CONSERVATION
CHAPTER 67 - AQUATIC NUISANCE PREVENTION AND CONTROL
SUBCHAPTER V - COOPERATIVE ENVIRONMENTAL ANALYSES

-HEAD-
Sec. 4751. Environmental impact analyses

-STATUTE-
The Secretary of State, in consultation with the Council on
Environmental Quality, is encouraged to enter into negotiations
with the governments of Canada and Mexico to provide for reciprocal
cooperative environmental impact analysis of major Federal actions
which have significant transboundary effects on the quality of the
human environment in the United States, Canada, and Mexico.

-SOURCE-
(Pub. L. 101-646, title I, Sec. 1401, Nov. 29, 1990, 104 Stat.
4773; Pub. L. 104-332, Sec. 2(h)(1), Oct. 26, 1996, 110 Stat.
4091.)


-MISC1-
AMENDMENTS
1996 - Pub. L. 104-332 made technical amendment to Pub. L.
101-646, Sec. 1401, which enacted this section.

-End-