16 U.S. Code § 4724 - State aquatic nuisance species management plans
(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
(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
(3)
Consultation
(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) of this section 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.
[1] So in original. Probably should be “Administrative”.
Source
(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.)
Amendments
1996—Pub. L. 104–332, § 2(h)(1), made technical amendment to Pub. L. 101–646, § 1204, which enacted this section.
Subsec. (a). Pub. L. 104–332, § 2(e)(6)(A)(i), substituted “State or interstate invasive species management plans” for “State plan” in heading.
Subsec. (a)(1). Pub. L. 104–332, § 2(e)(6)(A)(ii)(I), substituted “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” for “The Governor of each State may, after notice and opportunity for public comment, prepare and submit” in introductory provisions.
Subsec. (a)(1)(A). Pub. L. 104–332, § 2(e)(6)(A)(ii)(II), (III), inserted “or within the interstate region involved” after “within the State” and substituted “technical, enforcement, or financial assistance (or any combination thereof)” for “technical and financial assistance”.
Subsec. (a)(1)(B). Pub. L. 104–332, § 2(e)(6)(A)(ii)(III), inserted “or within the interstate region involved” after “within the State”.
Subsec. (a)(2)(B). Pub. L. 104–332, § 2(e)(6)(A)(iii)(I), struck out “and” at end.
Subsec. (a)(2)(C). Pub. L. 104–332, § 2(e)(6)(A)(iii)(III), added subpar. (C). Former subpar. (C) redesignated (D).
Subsec. (a)(2)(D). Pub. L. 104–332, § 2(e)(6)(A)(iii)(II), (IV), redesignated subpar. (C) as (D) and inserted “, and enabling legislation” before period.
Subsec. (a)(3)(A). Pub. L. 104–332, § 2(e)(6)(A)(iv)(I), inserted “or interstate organization” after “the State” and “Indian tribes,” after “local governments and regional entities,”.
Subsec. (a)(3)(B). Pub. L. 104–332, § 2(e)(6)(A)(iv)(II), inserted “or the appropriate official of an interstate organization” after “a State”.
Subsec. (a)(4). Pub. L. 104–332, § 2(e)(6)(A)(v), inserted “or the interstate organization” after “the Governor”.
Subsec. (b)(1). Pub. L. 104–332, § 2(e)(6)(B), struck out “or the Assistant Secretary, as appropriate under subsection (a) of this section,” after “The Director” and substituted “management plans approved under subsection (a) of this section” for “approved management plans”.
Subsec. (c). Pub. L. 104–332, § 2(e)(6)(C), added subsec. (c).
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