33 USC 610 - Control of aquatic plant growths and invasive species

U.S Code last checked for updates: Apr 27, 2024

§ 610.

Control of aquatic plant growths and invasive species

(a)

In general

(1)

In general

(2)

Local interests

(3)

Federal costs

(b)

Authorization of appropriations

(1)

In general

There is authorized to be appropriated to carry out this section (except for subsections (f) and (g)) $130,000,000 for each fiscal year, of which—

(A)

$30,000,000 shall be made available to carry out subsection (d)(1)(A)(i);

(B)

$30,000,000 shall be made available to carry out subsection (d)(1)(A)(ii);

(C)

$30,000,000 shall be made available to carry out subsection (d)(1)(A)(iii);

(D)

$30,000,000 shall be made available to carry out subsection (d)(1)(A)(iv); and

(E)

$10,000,000 shall be made available to carry out subsection (d)(1)(A)(v).

(2)

Other programs

(A)

In general

There are authorized to be appropriated—

(i)

$10,000,000 for each of fiscal years 2021 through 2024 to carry out subsection (f); and

(ii)

$75,000,000 for each of fiscal years 2021 through 2028 to carry out subsection (g)(2).

(B)

Invasive plant species pilot program

(3)

Control operations

(c)

Support

(d)

Watercraft inspection and Decontamination stations

(1)

In general

(A)

Watercraft inspection and decontamination stations

In carrying out this section, the Secretary shall establish (as applicable), operate, and maintain new or existing watercraft inspection and decontamination stations—

(i)

to protect the Columbia River Basin;

(ii)

to protect the Upper Missouri River Basin;

(iii)

to protect the Upper Colorado River Basin and the South Platte and Arkansas River Basins;

(iv)

to protect the Russian River Basin, California; and

(v)

to protect basins and watersheds that adjoin an international border between the United States and Canada.

(B)

Locations

(C)

Rapid response

(2)

Cost share

The non-Federal share of the cost of constructing, operating, and maintaining watercraft inspection and decontamination stations described in paragraph (1) (including personnel costs) shall be—

(A)

50 percent; and

(B)

provided by the State or local governmental entity in which such inspection station is located.

(3)

Coordination

In carrying out this subsection, the Secretary shall consult and coordinate with—

(A)

the Governors of the States within the areas described in each of clauses (i) through (v) of paragraph (1)(A), as applicable;

(B)

Indian tribes; and

(C)

other Federal agencies, including—

(i)

the Department of Agriculture;

(ii)

the Department of Energy;

(iii)

the Department of Homeland Security;

(iv)

the Department of Commerce; and

(v)

the Department of the Interior.

(e)

Monitoring and contingency planning

In carrying out this section, the Secretary may—

(1)

carry out risk assessments of water resources facilities;

(2)

monitor for aquatic invasive species;

(3)

assist States in early detection of aquatic invasive species, including quagga and zebra mussels; and

(4)

monitor water quality, including sediment cores and fish tissue samples.

(f)

Invasive species management pilot program

(1)

Definition of invasive species

(2)

Development of plans

(3)

Management plan

(A)

In general

The Secretary, in consultation with the Governor of each State in the Upper Missouri River Basin that elects to participate in the pilot program, shall prepare a management plan, or update or expand an existing plan, for each participating State that identifies public infrastructure facilities located on reservoirs of the Corps of Engineers in those States that—

(i)

are affected by aquatic invasive species; and

(ii)

need financial and technical assistance in order to maintain operations.

(B)

Use of existing plans

(4)

Termination of authority

(g)

Invasive species prevention, control, and eradication

(1)

Definition of invasive species

(2)

Invasive species partnerships

(A)

In general

(B)

Prioritization

(3)

Invasive plant species pilot program

(A)

Definitions

In this paragraph:

(i)

Eligible entity

The term “eligible entity” means a partnership between or among 2 or more entities that—

(I)

includes—

(aa)

at least 1 flood control district; and

(bb)

at least 1 city, county, township, town, borough, parish, village, or other general purpose political subdivision of a State or Indian Tribe (as defined in section 5304 of title 25); and

(II)

may include any other entity (such as a nonprofit organization or institution of higher education), as determined by the Secretary.

(ii)

Invasive plant species

(B)

Pilot program

The Secretary of the Interior, acting through the Director of the United States Fish and Wildlife Service, shall establish a pilot program under which such Secretary shall work with eligible entities to carry out activities—

(i)

to remove invasive plant species in riparian areas that contribute to drought conditions in—

(I)

the Lower Colorado River Basin;

(II)

the Rio Grande River Basin;

(III)

the Texas Gulf Coast Basin; and

(IV)

the Arkansas-White-Red Basin;

(ii)

where appropriate, to replace the invasive plant species described in clause (i) with ecologically suitable native species; and

(iii)

to maintain and monitor riparian areas in which activities are carried out under clauses (i) and (ii).

(C)

Report to Congress

(D)

Termination of authority

(4)

Cost share

(Pub. L. 85–500, title I, § 104, July 3, 1958, 72 Stat. 300; Pub. L. 89–298, title III, § 302, Oct. 27, 1965, 79 Stat. 1092; Pub. L. 98–63, title I, July 30, 1983, 97 Stat. 313; Pub. L. 99–662, title IX, § 941, Nov. 17, 1986, 100 Stat. 4199; Pub. L. 104–303, title II, § 225, Oct. 12, 1996, 110 Stat. 3697; Pub. L. 106–53, title II, § 205, Aug. 17, 1999, 113 Stat. 285; Pub. L. 113–121, title I, § 1039(d), June 10, 2014, 128 Stat. 1238; Pub. L. 114–322, title I, § 1178(b), Dec. 16, 2016, 130 Stat. 1674; Pub. L. 115–270, title I, § 1170, Oct. 23, 2018, 132 Stat. 3798; Pub. L. 116–260, div. AA, title V, § 505, Dec. 27, 2020, 134 Stat. 2746; Pub. L. 117–263, div. H, title LXXXI, § 8305(b), Dec. 23, 2022, 136 Stat. 3778.)

cite as: 33 USC 610