§ 4724. — State aquatic nuisance species management plans.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 16USC4724]
TITLE 16--CONSERVATION
CHAPTER 67--AQUATIC NUISANCE PREVENTION AND CONTROL
SUBCHAPTER III--PREVENTION AND CONTROL OF AQUATIC NUISANCE SPECIES
DISPERSAL
Sec. 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
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\1\ So in original. Probably should be ``Administrative''.
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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.
(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.)
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).
Section Referred to in Other Sections
This section is referred to in section 4741 of this title.
