Sec. 128. Aquatic resource activities assistance
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/bill/118/hr/6492/ih/section-128A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
In this section: The term Aquatic Nuisance Species Task Force means the Aquatic Nuisance Species Task Force established by section 1201(a) of the Nonindigenous Aquatic Nuisance Prevention and Control Act of 1990 ( 16 U.S.C. 4721(a) ). The term Federal land and water means Federal land and water operated and maintained by the Bureau of Land Management, Bureau of Reclamation, Forest Service, or National Park Service, as applicable. The term inspection means an inspection to prevent and respond to biological invasions of an aquatic ecosystem.
The term partner means— a Reclamation State; an Indian Tribe in a Reclamation State; an applicable nonprofit organization in a Reclamation State; or a unit of local government in a Reclamation State. The term Reclamation State includes any of the States of— Alaska; Arizona; California; Colorado; Idaho; Kansas; Montana; Nebraska; Nevada; New Mexico; North Dakota; Oklahoma; Oregon; South Dakota; Texas; Utah; Washington; and Wyoming. The term Secretaries means each of— the Secretary, acting through the Director of the Bureau of Land Management, the Commissioner of Reclamation, and the Director of the National Park Service; and the Secretary of Agriculture, acting through the Chief of the Forest Service.
The term reclamation project has the meaning given such term in section 2803(3) of the Reclamation Projects Authorization and Adjustment Act of 1992 ( 16 U.S.C. 460l-32(3) ). The head of each Federal land management agency shall have the authority to carry out inspections and decontamination of watercraft entering or leaving Federal land and waters under the jurisdiction of the respective Federal land management agency. The Secretaries shall— in carrying out an inspection under paragraph (1), coordinate with 1 or more partners; consult with the Aquatic Nuisance Species Task Force to identify potential improvements and efficiencies in the detection and management of invasive species on Federal land and water; and to the maximum extent practicable, inspect vessels in a manner that minimizes disruptions to public access for boating and recreation in noncontaminated vessels.
The Secretaries may enter into a partnership to provide technical assistance to a partner— to carry out an inspection or decontamination of vessels; or to establish an inspection and decontamination station for vessels. The Secretaries shall not prohibit access to Federal land and water for vessels under this subsection in the absence of an inspector. The Secretaries shall make available to a Reclamation State any data gathered related to inspections carried out in the Reclamation State under this subsection.
Subject to the availability of appropriations, the Secretary, acting through the Commissioner of Reclamation, shall establish a competitive grant program to provide grants to partners to conduct inspections and decontamination of vessels operating in Reclamation projects, including to purchase, establish, operate, or maintain a vessel inspection and decontamination station. The Federal share of the cost of a grant under paragraph (1), including personnel costs, shall not exceed 75 percent.
Before awarding a grant under paragraph (1), the Secretary shall determine that the project is technically and financially feasible. In carrying out this subsection, the Secretary shall coordinate with— each of the Reclamation States; affected Indian Tribes; and the Aquatic Nuisance Species Task Force.
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