§ 4724. State aquatic nuisance species management plans
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/usc/title-16/section-4724A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
(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)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)Administrative 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 1 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, § 1204, Nov. 29, 1990, 104 Stat. 4770; Pub. L. 104–332, § 2(e)(6), (h)(1), Oct. 26, 1996, 110 Stat. 4089, 4091; Pub. L. 117–263, div. K, title CXIII, § 11327(e)(4), Dec. 23, 2022, 136 Stat. 4098.)
Connections13 cite this · traces to 4
Cited by 13 sections · top 12
public-private-law
U.S. Code
statute-compilations
statutes-at-large
- Public Law 104–332To provide for ballast water management to prevent the introduction and spread of nonindigenous species into the waters of the United States, and for other purposes
- Public Law 116–260Making consolidated appropriations for the fiscal year ending September 30, 2021, providing coronavirus emergency response and relief, and for other purposes
- Public Law 101–646To prevent and control infestations of the coastal inland waters of the United States by the zebra mussel and other nonindigenous aquatic nuisance species, to reauthorize the National Sea Grant College Program, and for other purposes
Traces to 4 documents
public-private-law
23 references not yet in our index
- 1
- Pub. L. 101–646, title I, § 1204
- 104 Stat. 4770
- Pub. L. 104–332, § 2(e)(6)
- 110 Stat. 4089
- 136 Stat. 4098
- Section 141 of title 14
- 132 Stat. 4203
- section 141 of title 14
- Pub. L. 104–332, § 2(h)(1)
- Pub. L. 101–646, § 1204
- Pub. L. 104–332, § 2(e)(6)(A)(i)
- Pub. L. 104–332, § 2(e)(6)(A)(ii)(I)
- Pub. L. 104–332, § 2(e)(6)(A)(ii)(II)
- Pub. L. 104–332, § 2(e)(6)(A)(ii)(III)
- Pub. L. 104–332, § 2(e)(6)(A)(iii)(I)
- Pub. L. 104–332, § 2(e)(6)(A)(iii)(III)
- Pub. L. 104–332, § 2(e)(6)(A)(iii)(II)
- Pub. L. 104–332, § 2(e)(6)(A)(iv)(I)
- Pub. L. 104–332, § 2(e)(6)(A)(iv)(II)
- Pub. L. 104–332, § 2(e)(6)(A)(v)
- Pub. L. 104–332, § 2(e)(6)(B)
- Pub. L. 104–332, § 2(e)(6)(C)
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§ 4724
State aquatic nuisance species management plans
Bills×4
Stat.×3
U.S.C.×3
Stat. Comp.×2
Pub. L.×1
Cite1
Pub. L.Pub. L. 101–646, title I, § 1204
Stat.104 Stat. 4770
Pub. L.Pub. L. 104–332, § 2(e)(6)
Stat.110 Stat. 4089
Cites 27 · showing 9Cited by 13 across 5 sources