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Title 16 — Conservation

Chapter 67 — Aquatic Nuisance Prevention and Control

§ 4741. Authorization of appropriations

Statutory text

(a)

Prevention of unintentional introductions

There are authorized to be appropriated to develop and implement the provisions of subchapter II—

(1)

$500,000 until the end of fiscal year 1992 to the Secretary to carry out sections 4711 1 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 2 of this title;

(3)

to the Secretary to carry out section 4711 1 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—

(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.

Footnotes

  1. 1 See References in Text note below.
  2. 2 So in original. Probably should be followed by a closing parenthesis.

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.

  1. Pub. L. 101–646 title I § 1301 · 104 Stat. 4761

    Enacted · 16 U.S.C. § 4741

    Pub. L. 101–646, title I, § 1301, Nov. 29, 1990, 104 Stat. 4772

    Source evidence

    Code source credit
    Pub. L. 101–646, title I, § 1301, Nov. 29, 1990, 104 Stat. 4772

  2. National Sea Grant College Program Authorization Act of 1991

    Pub. L. 102–186 § 4(b)(2) · 105 Stat. 1282

    Amended · 16 U.S.C. § 4741(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”

    Source evidence

    Code amendment note
    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”.

    Enacted provision · exact public law section
    (2) Section 1301(b)(4)(A) of the Nonindigenous Aquatic Nuisance Prevention and Control Act of 1990 (16 U.S.C. 4741(b)(4)(A)) is amended to read 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”.

  3. National Invasive Species Act of 1996

    Pub. L. 104–332 § 2(h)(1) · 110 Stat. 4073

    Changed · 16 U.S.C. § 4741

    Pub. L. 104–332, § 2(h)(1), made technical amendment to Pub. L. 101–646, § 1301, which enacted this section

    Source evidence

    Code amendment note
    Pub. L. 104–332, § 2(h)(1), made technical amendment to Pub. L. 101–646, § 1301, 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;

  4. National Invasive Species Act of 1996

    Pub. L. 104–332 § 2(f)(1)(B) · 110 Stat. 4073

    1. Added · 16 U.S.C. § 4741(a)(3)

      Pub. L. 104–332, § 2(f)(1)(B), added par. (3)

    2. Struck · 16 U.S.C. § 4741(a)(3)

      Pub. L. 104–332, § 2(f)(1)(B), 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.”

    Source evidence

    Code amendment note
    Subsec. (a)(3). Pub. L. 104–332, § 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.”

    Enacted provision · exact public law section
    (B) by striking paragraph (3) and inserting the following: “(3) to the Secretary to carry out section 1101— “(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; ”; and

  5. National Invasive Species Act of 1996

    Pub. L. 104–332 § 2(f)(1)(A) · 110 Stat. 4073

    Added · 16 U.S.C. § 4741(a)(4); 16 U.S.C. § 4741(a)(5)

    Pub. L. 104–332, § 2(f)(1)(A), (C), added pars. (4) and (5)

    Source evidence

    Code amendment note
    Subsec. (a)(4), (5). Pub. L. 104–332, § 2(f)(1)(A), (C), added pars. (4) and (5).

    Enacted provision · exact public law section
    (A) by striking “and” at the end of paragraph (2);

  6. National Invasive Species Act of 1996

    Pub. L. 104–332 § 2(f)(2)(A) · 110 Stat. 4073

    Substituted · 16 U.S.C. § 4741(b)

    Pub. L. 104–332, § 2(f)(2)(A), substituted “1997 through 2002” for “1991, 1992, 1993, 1994, and 1995” in introductory provisions

    Source evidence

    Code amendment note
    Subsec. (b). Pub. L. 104–332, § 2(f)(2)(A), substituted “1997 through 2002” for “1991, 1992, 1993, 1994, and 1995” in introductory provisions.

    Enacted provision · exact public law section
    (A) in the matter preceding paragraph (1), by striking “1991, 1992, 1993, 1994, and 1995” and inserting “1997 through 2002”; and

  7. National Invasive Species Act of 1996

    Pub. L. 104–332 § 2(f)(2)(B) · 110 Stat. 4073

    1. Added · 16 U.S.C. § 4741(b)(1)(7)

      Pub. L. 104–332, § 2(f)(2)(B), added pars. (1) to (6)

    2. Struck · 16 U.S.C. § 4741(b)(1)(7)

      Pub. L. 104–332, § 2(f)(2)(B), struck out former pars. (1) to (7) which read as follows:

    Source evidence

    Code amendment note
    Subsec. (b)(1) to (7). Pub. L. 104–332, § 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.”

    Enacted provision · exact public law section
    (B) by striking paragraphs (1) through (7) and inserting the following: “(1) $6, 000, 000 to the Department of the Interior, to be used by the Director to carry out sections 1202 and 1209; “(2) $1, 000, 000 to the Department of Commerce, to be used by the Under Secretary to carry out section 1202; “(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 1202(i) 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 1202(f)(3 as follows: “(A) $2, 800, 000, which shall be made available iron: funds otherwise authorized to be appropriated if such funds are so authorized, to fund grants under section 205 of the National Sea Grant College Program Act (33 U. S. C 1124); “(B) $1, 200, 000 to fund grants to colleges for the benefit of agriculture and the mechanic arts referred to in the first section of the Act of August 30, 1890 (26 Stat. 417 chapter 841; 7 U.S.C. 322); 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 1202(i)(1)(B) 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 1203, of which $100, 000 shall be used to fund activities of the Great Lakes Commission.”;

  8. National Invasive Species Act of 1996

    Pub. L. 104–332 § 2(f)(3) · 110 Stat. 4073

    1. Added · 16 U.S.C. § 4741(c)

      Pub. L. 104–332, § 2(f)(3), added subsec. (c)

    2. Struck · 16 U.S.C. § 4741(c)

      Pub. L. 104–332, § 2(f)(3), 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—

    Source evidence

    Code amendment note
    Subsec. (c). Pub. L. 104–332, § 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.”

    Enacted provision · exact public law section
    (3) by striking subsection (c) and inserting the following: “(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 1204, of which $1, 500, 000 shall be used by the Director, in consultation with the Assistant Secretary, for management of aquatic nuisance vegetation species.”; and

  9. National Invasive Species Act of 1996

    Pub. L. 104–332 § 2(f)(4) · 110 Stat. 4073

    Added · 16 U.S.C. § 4741(e); 16 U.S.C. § 4741(f)

    Pub. L. 104–332, § 2(f)(4), added subsecs. (e) and (f)

    Source evidence

    Code amendment note
    Subsecs. (e), (f). Pub. L. 104–332, § 2(f)(4), added subsecs. (e) and (f).

    Enacted provision · exact public law section
    (4) by adding at the end the following new subsections: “(e) Ballast Water Management Demonstration Program.— There are authorized to be appropriated $2, 500, 000 to carry out section 1104. “(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.”.

11 of 12 references resolved to an enrolled provision · 1 partial

Editorial Notes

References in Text

Section 4711 of this title, referred to in subsec. (a)(1), (3), was repealed by Pub. L. 115–282, title IX, § 903(a)(2)(A)(i), , 132 Stat. 4354.

Codification

“Section 322 of title 7” substituted in subsec. (b)(4)(B) for “the first section of the Act of (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.

Amendments1991–1996 · 2 rounds

1996

Pub. L. 104–332, § 2(h)(1), made technical amendment to Pub. L. 101–646, § 1301, which enacted this section.

Subsec. (a)(3). Pub. L. 104–332, § 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, § 2(f)(1)(A), (C), added pars. (4) and (5).

Subsec. (b). Pub. L. 104–332, § 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, § 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, § 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, § 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”.

Credits

1990–1996 · 3 acts
  1. 1990Pub. L. 101–646, title I, § 1301, , 104 Stat. 4772
  2. 1991Pub. L. 102–186, § 4(b)(2), , 105 Stat. 1283
  3. 1996Pub. L. 104–332, § 2(f), (h)(1), , 110 Stat. 4090, 4091.
Show as published

(Pub. L. 101–646, title I, § 1301, , 104 Stat. 4772; Pub. L. 102–186, § 4(b)(2), , 105 Stat. 1283; Pub. L. 104–332, § 2(f), (h)(1), , 110 Stat. 4090, 4091.)

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