### §8102. Nutria eradication program

#### (a) Grant authority

The Secretary of the Interior (referred to in this chapter as the "Secretary"),1 may provide financial assistance to a State, in an amount that is in proportion to the total impacted area of such State affected by nutria, that has demonstrated to the Secretary sufficient need for a program to implement measures to eradicate or control nutria and restore marshland, public and private wetlands, and agricultural lands damaged by nutria.

#### (b) Activities

In the State of Maryland, the Secretary shall require that the program consist of management, research, and public education activities carried out in accordance with the document published by the United States Fish and Wildlife Service entitled "Eradication Strategies for Nutria in the Chesapeake and Delaware Bay Watersheds", dated March 2002.

#### (c) Cost sharing

#### (1) Federal share

The Federal share of the costs of a State program referred to in subsection (a) may not exceed 75 percent of the total costs of the program.

#### (2) In-kind contributions

The non-Federal share of the costs of a State program referred to in subsection (a) may be provided in the form of in-kind contributions of materials or services.

#### (d) Limitation on administrative expenses

Not more than 5 percent of financial assistance provided to a State by the Secretary under this section may be used for administrative expenses.

#### (e) Authorization of appropriations

For financial assistance under this section, there is authorized to be appropriated to the Secretary $12,000,000 for each of fiscal years 2021 through 2025.

(Pub. L. 108–16, §3, Apr. 23, 2003, 117 Stat. 621; Pub. L. 116–186, §1(2), Oct. 30, 2020, 134 Stat. 901.)

#### **Editorial Notes**

#### References in Text

This chapter, referred to in subsec. (a), was in the original "this Act", meaning Pub. L. 108–16, Apr. 23, 2003, 117 Stat. 621, known as the Nutria Eradication and Control Act of 2003, which is classified principally to this chapter. For complete classification of this Act to the Code, see Short Title note set out under section 8101 of this title and Tables.

#### Amendments

2020—Subsec. (a). Pub. L. 116–186, §1(2)(A), amended subsec. (a) generally. Prior to amendment, text read as follows: "The Secretary of the Interior (in this chapter referred to as the 'Secretary'), subject to the availability of appropriations, may provide financial assistance to the State of Maryland and the State of Louisiana for a program to implement measures to eradicate or control nutria and restore marshland damaged by nutria."

Subsecs. (b), (c). Pub. L. 116–186, §1(2)(B), (F), redesignated subsecs. (c) and (d) as (b) and (c), respectively, and struck out former subsec. (b) which related to goals of the program.

Subsec. (d). Pub. L. 116–186, §1(2)(F), redesignated subsec. (e) as (d). Former subsec. (d) redesignated (c).

Subsec. (d)(1). Pub. L. 116–186, §1(2)(C)(i), substituted "a State program referred to in subsection (a) may" for "the program may".

Subsec. (d)(2). Pub. L. 116–186, §1(2)(C)(ii), substituted "a State program referred to in subsection (a) may" for "the program may".

Subsec. (e). Pub. L. 116–186, §1(2)(F), redesignated subsec. (f) as (e). Former subsec. (e) redesignated (d).

Pub. L. 116–186, §1(2)(D), inserted "to a State" after "provided".

Subsec. (f). Pub. L. 116–186, §1(2)(F), redesignated subsec. (f) as (e).

Pub. L. 116–186, §1(2)(E), substituted "$12,000,000 for each of fiscal years 2021 through 2025." for "$4,000,000 for the State of Maryland program and $2,000,000 for the State of Louisiana program for each of fiscal years 2004, 2005, 2006, 2007, and 2008."

1 So in original. The comma probably should not appear.