Sec. 1039. INVASIVE SPECIES
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## SEC. 1039 INVASIVE SPECIES ###
(a)Aquatic Species Review ####
(1)Review of authorities The Secretary, in consultation with the Director of the United States Fish and Wildlife Service, the Chairman of the Tennessee Valley Authority, and other applicable heads of Federal agencies, shall— #####
(A)carry out a review of existing Federal authorities relating to responding to invasive species, including aquatic weeds, aquatic snails, and other aquatic invasive species, that have an impact on water resources; and #####
(B)based on the review under subparagraph (A), make any recommendations to Congress and applicable State agencies for improving Federal and State laws to more effectively respond to the threats posed by those invasive species. ####
(2)Federal investment #####
(A)Assessment The Comptroller General of the United States shall conduct an assessment of the Federal costs of, and spending on, aquatic invasive species. #####
(B)Contents The assessment conducted under subparagraph
(A)shall include— ######
(i)identification of current Federal spending on, and projected future Federal costs of, operation and maintenance related to mitigating the impacts of aquatic invasive species on federally owned or operated facilities; ######
(ii)identification of current Federal spending on aquatic invasive species prevention; ######
(iii)analysis of whether spending identified in clause
(ii)is adequate for the maintenance and protection of services provided by federally owned or operated facilities, based on the current spending and projected future costs identified in clause (i); and ######
(iv)review of any other aspect of aquatic invasive species prevention or mitigation determined appropriate by the Comptroller General. #####
(C)Findings Not later than 1 year after the date of enactment of this Act, the Comptroller General shall submit to the Committee on Environment and Public Works and the Committee on Energy and Natural Resources of the Senate and the Committee on Transportation and Infrastructure and the Committee on Natural Resources of the House of Representatives a report containing the findings of the assessment conducted under subparagraph (A). ###
(b)Aquatic Invasive Species Prevention **[**[16 U.S.C. 4701 note](/us/usc/t16/s4701)**]** ####
(1)Multiagency effort to slow the spread of asian carp in the mississippi river and tributaries, including sub-basins #####
(A)In general The Director of the United States Fish and Wildlife Service, in coordination with the Secretary, the Director of the National Park Service, and the Director of the United States Geological Survey, shall lead a multiagency effort to slow the spread of Asian carp in the Mississippi River and tributaries, including the 6 sub-basins of the River, by providing technical assistance, coordination, best practices, and support to State and local governments in carrying out activities designed to slow, and eventually eliminate, the threat posed by Asian carp. #####
(B)Best practices To the maximum extent practicable, the multiagency effort shall apply lessons learned and best practices such as those described in the document prepared by the Asian Carp Working Group entitled “Management and Control Plan for Bighead, Black, Grass, and Silver Carps in the United States” and dated November 2007, the Mississippi River Basin Asian Carp Control Strategy Framework, and the Asian Carp Regional Coordinating Committee’s Asian Carp Action Plan. ####
(2)Report to congress #####
(A)In general Not later than December 31, 2020, and biennially thereafter, the Director of the United States Fish and Wildlife Service, in coordination with the Secretary, shall submit to the Committee on Appropriations and the Committee on Environment and Public Works of the Senate and the Committee on Appropriations, the Committee on Natural Resources, and the Committee on Transportation and Infrastructure of the House of Representatives and make publicly available a report describing the coordinated strategies established and progress made toward the goals of controlling and eliminating Asian carp in the Mississippi River and tributaries, including the 6 sub-basins of the River. #####
(B)Contents Each report submitted under subparagraph
(A)shall include— ######
(i)any observed changes in the range of Asian carp in the Mississippi River and tributaries, including the 6 sub-basins of the River, during the 2-year period preceding submission of the report; ######
(ii)a summary of Federal agency efforts, including cooperative efforts with non-Federal partners, to control the spread of Asian carp in the Mississippi River and tributaries, including the 6 sub-basins of the River; ######
(iii)any research that the Director determines could improve the ability to control the spread of Asian carp; ######
(iv)any quantitative measures that the Director intends to use to document progress in controlling the spread of Asian carp; and ######
(v)a cross-cut accounting of Federal and non-Federal expenditures to control the spread of Asian carp. ###
(c)Prevention, Great Lakes and Mississippi River Basin ####
(1)In general The Secretary is authorized to implement measures recommended in the efficacy study authorized under section 3061 of the Water Resources Development Act of 2007 (121 Stat. 1121) or in interim reports, with any modifications or any emergency measures that the Secretary determines to be appropriate to prevent aquatic nuisance species from dispersing into the Great Lakes by way of any hydrologic connection between the Great Lakes and the Mississippi River Basin. ####
(2)Notifications The Secretary shall notify the Committees on Environment and Public Works and Appropriations of the Senate and the Committees on Transportation and Infrastructure and Appropriations of the House of Representatives any emergency actions taken pursuant to this subsection. ###
(d)Prevention and Management Section 104 of the River and Harbor Act of 1958 (33 U.S.C. 610) is amended— ####
(1)in subsection (a)— #####
(A)in the first sentence, by striking “ There is ” and inserting the following: > > #### “(1) In general > > There is” > ; #####
(B)in the second sentence, by striking “ Local ” and inserting the following: > > #### “(2) Local interests > > Local” > ; #####
(C)in the third sentence, by striking “ Costs ” and inserting the following: > > #### “(3) Federal costs > > Costs” > ; and #####
(D)in paragraph
(1)(as designated by subparagraph (A))— ######
(i)by striking “control and progressive,” and inserting “prevention, control, and progressive”; and ######
(ii)by inserting “and aquatic invasive species” after “noxious aquatic plant growths”; ####
(2)in subsection (b), in the first sentence, by striking “$15,000,000 annually” and inserting “$40,000,000, of which $20,000,000 shall be made available to implement subsection (d), annually”; and ####
(3)by inserting after subsection
(c)the following: > > ### “(d) Watercraft Inspection Stations > > > #### “(1) In general > > In carrying out this section, the Secretary may establish watercraft inspection stations in the Columbia River Basin to be located in the States of Idaho, Montana, Oregon, and Washington at locations, as determined by the Secretary, with the highest likelihood of preventing the spread of aquatic invasive species at reservoirs operated and maintained by the Secretary. > > > #### “(2) Cost share > > The non-Federal share of the cost of constructing, operating, and maintaining watercraft inspection 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 States described in paragraph (1); > > > ##### “(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) > > establish watershed-wide plans for expedited response to an infestation of aquatic invasive species; and > > > #### “(4) > > monitor water quality, including sediment cores and fish tissue samples.” > .
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- 121 Stat. 1121
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