§ 4729. Coastal Aquatic Invasive Species Mitigation Grant Program and Mitigation Fund

895 words·~4 min read·/usc/title-16/section-4729

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

(1)Definitions In this section:

(A)Coastal zone The term “coastal zone” has the meaning given the term in section 1453 of this title.

(B)Eligible entity The term “eligible entity” means—

(i)a State;

(ii)a unit of local government;

(iii)an Indian Tribe;

(iv)a nongovernmental organization; and

(v)an institution of higher education.

(C)Exclusive Economic Zone The term “Exclusive Economic Zone” means the Exclusive Economic Zone of the United States, as established by Presidential Proclamation 5030, dated March 10, 1983 (16 U.S.C. 1453 note).

(D)Foundation The term “Foundation” means the National Fish and Wildlife Foundation established by section 3701(a) of this title.

(E)Fund The term “Fund” means the Coastal Aquatic Invasive Species Mitigation Fund established by paragraph (3)(A).

(F)Program The term “Program” means the Coastal Aquatic Invasive Species Mitigation Grant Program established under paragraph (2)(A).

(G)Secretary The term “Secretary” means the Secretary of Commerce.

(2)Grant program

(A)Establishment The Secretary and the Foundation shall establish a program, to be known as the “Coastal Aquatic Invasive Species Mitigation Grant Program”, under which the Secretary and the Foundation shall award grants to eligible entities in accordance with this paragraph.

(B)Purposes The purposes of the Program are—

(i)to improve the understanding, prevention, and mitigation of, and response to, aquatic invasive species in—

(I)the coastal zone; and

(II)the Exclusive Economic Zone;

(ii)to support the prevention and mitigation of impacts from aquatic invasive species in the coastal zone; and

(iii)to support the restoration of Pacific Island habitats, marine, estuarine, and Great Lakes environments in the coastal zone and the Exclusive Economic Zone that are impacted by aquatic invasive species.

(C)Use of grants

(i)In general A grant awarded under the Program shall be used for an activity to carry out the purposes of the Program, including an activity—

(I)to develop and implement procedures and programs, including permissible State ballast water inspection programs, to prevent, detect, control, mitigate, and rapidly or progressively eradicate aquatic invasive species in the coastal zone or the Exclusive Economic Zone, particularly in areas with high numbers of established aquatic invasive species;

(II)to restore habitat impacted by an aquatic invasive species;

(III)to develop new shipboard and land-based ballast water treatment system technologies and performance standards to prevent the introduction of aquatic invasive species;

(IV)to develop mitigation measures to protect natural and cultural living resources, including shellfish, from the impacts of aquatic invasive species; or

(V)to develop mitigation measures to protect infrastructure, such as hydroelectric infrastructure, from aquatic invasive species.

(ii)Prohibition on funding litigation A grant awarded under the Program may not be used to fund litigation in any matter.

(D)Administration Not later than 90 days after December 4, 2018, the Foundation, in consultation with the Secretary, shall establish the following:

(i)Application and review procedures for awarding grants under the Program.

(ii)Approval procedures for awarding grants under the Program, including a requirement for consultation with—

(I)the Secretary of the Interior; and

(II)the Administrator.

(iii)Performance accountability and monitoring measures for activities funded by a grant awarded under the Program.

(iv)Procedures and methods to ensure accurate accounting and appropriate administration of grants awarded under the Program, including standards of recordkeeping.

(E)Matching requirement Each eligible entity that receives a grant under the Program shall provide, in cash or through in-kind contributions from non-Federal sources, matching funds to carry out the activities funded by the grant in an amount equal to not less than 25 percent of the cost of the activities.

(F)Funding The Secretary and the Foundation are authorized to use the amounts available in the Fund to award grants under the Program.

(3)Mitigation Fund

(A)Establishment There is established in the Treasury of the United States a trust fund, to be known as the “Coastal Aquatic Invasive Species Mitigation Fund”, consisting of such amounts as are appropriated or credited to the Fund in accordance with this paragraph or section 9602 of title 26.

(B)Transfers to Fund

(i)Appropriation There is authorized to be appropriated from the Treasury to the Fund, for each fiscal year, an amount equal to the amount of penalties assessed for violations of subsection

(p)of section 1322 of title 33 during the preceding fiscal year.

(ii)Additional authorization In addition to the amounts transferred to the Fund under clause (i), there is authorized to be appropriated to the Fund $5,000,000 for each fiscal year.

(C)Use of Fund Subject to appropriations, the amounts in the Fund shall be available to the Secretary and the Foundation to award grants under the Program.

(Pub. L. 115–282, title IX, § 903(f), Dec. 4, 2018, 132 Stat. 4357.)

Connections7 cite this · traces to 5

Cited by 7 sections · top 5

public-private-law