TITLE 16 - US CODE - SUBCHAPTER III - PREVENTION AND CONTROL OF AQUATIC NUISANCE SPECIES DISPERSAL

16 USC 4721 - Establishment of Task Force

(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.

16 USC 4722 - Aquatic nuisance species program

(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 such sums as are necessary to carry out the dispersal barrier demonstration project directed by this paragraph.
(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.

16 USC 4723 - Regional coordination

(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. 90419) 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).
[1] So in original. Probably should be followed by “and”.
[2] So in original. Probably should be “encouraged”.

16 USC 4724 - State aquatic nuisance species management plans

(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 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.
(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.
[1] So in original. Probably should be “Administrative”.

16 USC 4725 - Relationship to other laws

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.

16 USC 4726 - International cooperation

(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.

16 USC 4727 - Intentional introductions policy review

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.

16 USC 4728 - Brown tree snake control program

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.
[1] So in original. Probably should be “subsection (a) of section 4722 of this title,”.