Title 16 — Conservation
Chapter 67 — Aquatic Nuisance Prevention and Control
§ 4724. State aquatic nuisance species management plans
Statutory text
State or interstate invasive species management plans
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 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
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.
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—
identify and describe State and local programs for environmentally sound prevention and control of the target aquatic nuisance species;
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;
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
a schedule of implementing the plan, including a schedule of annual objectives, and enabling legislation.
Consultation
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.
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.
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.
Grant program
State grants
The Director may, at the recommendation of the Task Force, make grants to States with management plans approved under subsection (a) for the implementation of those plans.
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.
Federal share
The Federal share of the cost 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.
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.
Administrative 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.
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.
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 1 of title 14, may provide assistance to a State or Indian tribe in enforcing an approved State or interstate invasive species management plan.
Footnotes
- 1 See References in Text note below.
Legislative history
Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.
Pub. L. 101–646 title I § 1204 · 104 Stat. 4761
Enacted · 16 U.S.C. § 4724
Pub. L. 101–646, title I, § 1204, Nov. 29, 1990, 104 Stat. 4770
Source evidence
Code source credit
Pub. L. 101–646, title I, § 1204, Nov. 29, 1990, 104 Stat. 4770National Invasive Species Act of 1996
Pub. L. 104–332 § 2(h)(1) · 110 Stat. 4073
Changed · 16 U.S.C. § 4724
Pub. L. 104–332, § 2(h)(1), made technical amendment to Pub. L. 101–646, § 1204, which enacted this section
Source evidence
Code amendment note
Pub. L. 104–332, § 2(h)(1), made technical amendment to Pub. L. 101–646, § 1204, which enacted this section.Enacted provision · exact public law section
(1) in titles I, II, and IV, by striking the quotation marks 16 USC 4701, 941; 33 USC 2761. at the beginning of any title, subtitle, section, subsection, paragraph, subparagraph, clause, subclause, or undesignated provision;National Invasive Species Act of 1996
Pub. L. 104–332 § 2(e)(6)(A)(i) · 110 Stat. 4073
Substituted · 16 U.S.C. § 4724(a)
Pub. L. 104–332, § 2(e)(6)(A)(i), substituted “State or interstate invasive species management plans” for “State plan” in heading
Source evidence
Code amendment note
Subsec. (a). Pub. L. 104–332, § 2(e)(6)(A)(i), substituted “State or interstate invasive species management plans” for “State plan” in heading.Enacted provision · exact public law section
(e) Amendments to Subtitle C.—National Invasive Species Act of 1996
Pub. L. 104–332 § 2(e)(6)(A)(ii)(I) · 110 Stat. 4073
Substituted · 16 U.S.C. § 4724(a)(1)
Pub. L. 104–332, § 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
Source evidence
Code amendment note
Subsec. (a)(1). Pub. L. 104–332, § 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.Enacted provision · exact public law section
(e) Amendments to Subtitle C.—National Invasive Species Act of 1996
Pub. L. 104–332 § 2(e)(6)(A)(ii)(II) · 110 Stat. 4073
Inserted · 16 U.S.C. § 4724(a)(1)(A)
Pub. L. 104–332, § 2(e)(6)(A)(ii)(II), (III), inserted “or within the interstate region involved” after “within the State”
Substituted · 16 U.S.C. § 4724(a)(1)(A)
Pub. L. 104–332, § 2(e)(6)(A)(ii)(II), (III), substituted “technical, enforcement, or financial assistance (or any combination thereof)” for “technical and financial assistance”
Source evidence
Code amendment note
Subsec. (a)(1)(A). Pub. L. 104–332, § 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”.Enacted provision · exact public law section
(e) Amendments to Subtitle C.—National Invasive Species Act of 1996
Pub. L. 104–332 § 2(e)(6)(A)(ii)(III) · 110 Stat. 4073
Inserted · 16 U.S.C. § 4724(a)(1)(B)
Pub. L. 104–332, § 2(e)(6)(A)(ii)(III), inserted “or within the interstate region involved” after “within the State”
Source evidence
Code amendment note
Subsec. (a)(1)(B). Pub. L. 104–332, § 2(e)(6)(A)(ii)(III), inserted “or within the interstate region involved” after “within the State”.Enacted provision · exact public law section
(e) Amendments to Subtitle C.—National Invasive Species Act of 1996
Pub. L. 104–332 § 2(e)(6)(A)(iii)(I) · 110 Stat. 4073
Struck · 16 U.S.C. § 4724(a)(2)(B)
Pub. L. 104–332, § 2(e)(6)(A)(iii)(I), struck out “and” at end
Source evidence
Code amendment note
Subsec. (a)(2)(B). Pub. L. 104–332, § 2(e)(6)(A)(iii)(I), struck out “and” at end.Enacted provision · exact public law section
(e) Amendments to Subtitle C.—National Invasive Species Act of 1996
Pub. L. 104–332 § 2(e)(6)(A)(iii)(III) · 110 Stat. 4073
Redesignated · 16 U.S.C. § 4724(a)(2)(C)
Pub. L. 104–332, § 2(e)(6)(A)(iii)(III), added subpar. (C). Former subpar. (C) redesignated (D)
Source evidence
Code amendment note
Subsec. (a)(2)(C). Pub. L. 104–332, § 2(e)(6)(A)(iii)(III), added subpar. (C). Former subpar. (C) redesignated (D).Enacted provision · exact public law section
(e) Amendments to Subtitle C.—National Invasive Species Act of 1996
Pub. L. 104–332 § 2(e)(6)(A)(iii)(II) · 110 Stat. 4073
Redesignated · 16 U.S.C. § 4724(a)(2)(D)
Pub. L. 104–332, § 2(e)(6)(A)(iii)(II), (IV), redesignated subpar. (C) as (D)
Inserted · 16 U.S.C. § 4724(a)(2)(D)
Pub. L. 104–332, § 2(e)(6)(A)(iii)(II), (IV), inserted “, and enabling legislation” before period
Source evidence
Code amendment note
Subsec. (a)(2)(D). Pub. L. 104–332, § 2(e)(6)(A)(iii)(II), (IV), redesignated subpar. (C) as (D) and inserted “, and enabling legislation” before period.Enacted provision · exact public law section
(e) Amendments to Subtitle C.—National Invasive Species Act of 1996
Pub. L. 104–332 § 2(e)(6)(A)(iv)(I) · 110 Stat. 4073
Inserted · 16 U.S.C. § 4724(a)(3)(A)
Pub. L. 104–332, § 2(e)(6)(A)(iv)(I), inserted “or interstate organization” after “the State” and “Indian tribes,” after “local governments and regional entities,”
Source evidence
Code amendment note
Subsec. (a)(3)(A). Pub. L. 104–332, § 2(e)(6)(A)(iv)(I), inserted “or interstate organization” after “the State” and “Indian tribes,” after “local governments and regional entities,”.Enacted provision · exact public law section
(e) Amendments to Subtitle C.—National Invasive Species Act of 1996
Pub. L. 104–332 § 2(e)(6)(A)(iv)(II) · 110 Stat. 4073
Inserted · 16 U.S.C. § 4724(a)(3)(B)
Pub. L. 104–332, § 2(e)(6)(A)(iv)(II), inserted “or the appropriate official of an interstate organization” after “a State”
Source evidence
Code amendment note
Subsec. (a)(3)(B). Pub. L. 104–332, § 2(e)(6)(A)(iv)(II), inserted “or the appropriate official of an interstate organization” after “a State”.Enacted provision · exact public law section
(e) Amendments to Subtitle C.—National Invasive Species Act of 1996
Pub. L. 104–332 § 2(e)(6)(A)(v) · 110 Stat. 4073
Inserted · 16 U.S.C. § 4724(a)(4)
Pub. L. 104–332, § 2(e)(6)(A)(v), inserted “or the interstate organization” after “the Governor”
Source evidence
Code amendment note
Subsec. (a)(4). Pub. L. 104–332, § 2(e)(6)(A)(v), inserted “or the interstate organization” after “the Governor”.Enacted provision · exact public law section
(e) Amendments to Subtitle C.—National Invasive Species Act of 1996
Pub. L. 104–332 § 2(e)(6)(B) · 110 Stat. 4073
Struck · 16 U.S.C. § 4724(b)(1)
Pub. L. 104–332, § 2(e)(6)(B), struck out “or the Assistant Secretary, as appropriate under subsection (a),” after “The Director”
Substituted · 16 U.S.C. § 4724(b)(1)
Pub. L. 104–332, § 2(e)(6)(B), substituted “management plans approved under subsection (a)” for “approved management plans”
Source evidence
Code amendment note
Subsec. (b)(1). Pub. L. 104–332, § 2(e)(6)(B), struck out “or the Assistant Secretary, as appropriate under subsection (a),” after “The Director” and substituted “management plans approved under subsection (a)” for “approved management plans”.Enacted provision · exact public law section
(e) Amendments to Subtitle C.—National Invasive Species Act of 1996
Pub. L. 104–332 § 2(e)(6)(C) · 110 Stat. 4073
Added · 16 U.S.C. § 4724(c)
Pub. L. 104–332, § 2(e)(6)(C), added subsec. (c)
Source evidence
Code amendment note
Subsec. (c). Pub. L. 104–332, § 2(e)(6)(C), added subsec. (c).Enacted provision · exact public law section
(e) Amendments to Subtitle C.—Don Young Coast Guard Authorization Act of 2022
Pub. L. 117–263 div. K title CXIII § 11327(e)(4) · 136 Stat. 2395
Substituted · 16 U.S.C. § 4724(b)(4)
Pub. L. 117–263 substituted “Administrative” for “Adminisrative” in heading
Source evidence
Code amendment note
Subsec. (b)(4). Pub. L. 117–263 substituted “Administrative” for “Adminisrative” in heading.Enacted provision · exact public law section
(4) in section 1204(b)(4) in the paragraph heading by striking “Adminisrative” and inserting “Administrative”; and
17 of 18 references resolved to an enrolled provision · 1 partial
Editorial Notes
References in Text
Section 141 of title 14, referred to in subsec. (c), was redesignated section 701 of title 14 by Pub. L. 115–282, title I, § 106(b), , 132 Stat. 4203, and references to section 141 of title 14 deemed to refer to such redesignated section, see section 123(b)(1) of Pub. L. 115–282, set out as a References to Sections of Title 14 as Redesignated by Pub. L. 115–282 note preceding section 101 of Title 14, Coast Guard.
Amendments1996–2022 · 2 rounds
2022
Subsec. (b)(4). Pub. L. 117–263 substituted “Administrative” for “Adminisrative” in heading.
1996
Pub. L. 104–332, § 2(h)(1), made technical amendment to Pub. L. 101–646, § 1204, which enacted this section.
Subsec. (a). Pub. L. 104–332, § 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, § 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, § 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, § 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, § 2(e)(6)(A)(iii)(I), struck out “and” at end.
Subsec. (a)(2)(C). Pub. L. 104–332, § 2(e)(6)(A)(iii)(III), added subpar. (C). Former subpar. (C) redesignated (D).
Subsec. (a)(2)(D). Pub. L. 104–332, § 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, § 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, § 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, § 2(e)(6)(A)(v), inserted “or the interstate organization” after “the Governor”.
Subsec. (b)(1). Pub. L. 104–332, § 2(e)(6)(B), struck out “or the Assistant Secretary, as appropriate under subsection (a),” after “The Director” and substituted “management plans approved under subsection (a)” for “approved management plans”.
Subsec. (c). Pub. L. 104–332, § 2(e)(6)(C), added subsec. (c).
Credits
1990–2022 · 3 acts
- 1990Pub. L. 101–646, title I, § 1204, , 104 Stat. 4770
- 1996Pub. L. 104–332, § 2(e)(6), (h)(1), , 110 Stat. 4089, 4091
- 2022Pub. L. 117–263, div. K, title CXIII, § 11327(e)(4), , 136 Stat. 4098.
Show as published
(Pub. L. 101–646, title I, § 1204, , 104 Stat. 4770; Pub. L. 104–332, § 2(e)(6), (h)(1), , 110 Stat. 4089, 4091; Pub. L. 117–263, div. K, title CXIII, § 11327(e)(4), , 136 Stat. 4098.)