Stop the Spread of Invasive Mussels Act of 2021

To prevent the spread of aquatic invasive species in western waters, and for other purposes. 1. Short title This Act may be cited as the Stop the Spread of Invasive Mussels Act of 2021 2. Bureau of Reclamation assistance (a) Definitions In this section— (1) the term aquatic invasive species aquatic nuisance species 16 U.S.C. 4702 (2) the term reclamation project 16 U.S.C.460 l (3) the term reclamation State 43 U.S.C. 390b (4) the term recreational vessel 33 U.S.C. 1362(25) (5) the term Secretary (b) Watercraft inspection in reclamation states The Secretary shall provide financial assistance to a reclamation State to prevent the spread of aquatic invasive species into, within, and out of reclamation projects, including financial assistance to purchase, establish, operate, or maintain a watercraft inspection and decontamination station, if the Secretary determines that the financial assistance is— (1) necessary; and (2) in the interests of the United States. (c) Cost share The non-Federal share of the cost of purchasing, establishing, operating, and maintaining a watercraft inspection and decontamination station (including a non-Federal watercraft inspection and decontamination station) under subsection (b), including personnel costs, shall be— (1) 25 percent; and (2) provided by the reclamation State, or a unit of local government in the reclamation State, in which the watercraft inspection and decontamination station or other project is located. (d) Priority In providing financial assistance to a reclamation State under subsection (b), the Secretary shall give priority to— (1) a watercraft inspection and decontamination station that has the highest likelihood of preventing the spread of aquatic invasive species at reservoirs of reclamation projects; and (2) a project that— (A) would prevent the spread of an aquatic invasive species to waters under the jurisdiction of the Secretary, including an irrigation, reclamation, or other water project; (B) aligns with— (i) priorities of the reclamation State; and (ii) the document submitted to the Aquatic Nuisance Species Task Force entitled Quagga-Zebra Mussel Action Plan for Western U.S. Waters (C) includes a plan for minimizing disruptions to boating access for non-contaminated recreational vessels to the greatest extent practicable, which may include recommendations provided by the Aquatic Nuisance Species Task Force established under section 1201(b) of the Nonindigenous Aquatic Nuisance Prevention and Control Act of 1990 ( 16 U.S.C. 4721(b) (e) Coordination In carrying out this section, the Secretary shall consult and coordinate with— (1) each of the reclamation States; (2) affected federally recognized Indian Tribes; and (3) the heads of appropriate Federal agencies. (f) Authorization of appropriations There is authorized to be appropriated to carry out this section $25,000,000 for fiscal year 2022 and each fiscal year thereafter. 3. Recreational vessel inspection and decontamination authority (a) Recreational vessel defined Section 1003 of the Nonindigenous Aquatic Nuisance Prevention and Control Act of 1990 ( 16 U.S.C. 4702 (1) by inserting after paragraph (12) the following: (13) State ; (2) in paragraph (16), by striking and (3) in paragraph (17), by striking the period and inserting ; and (4) by redesignating paragraphs (13) through (17) as paragraphs (14) through (18), respectively; and (5) by adding at the end the following: (19) recreational vessel 33 U.S.C. 1362(25) . (b) Observers Section 1201 of the Nonindigenous Aquatic Nuisance Prevention and Control Act of 1990 ( 16 U.S.C. 4721 (g) Observers The chairpersons designated under subsection (d) may invite representatives of nongovernmental entities to participate as observers of the Task Force. . (c) Aquatic Nuisance Species Task Force Section 1201(b) of the Nonindigenous Aquatic Nuisance Prevention and Control Act of 1990 ( 16 U.S.C. 4721(b) (1) in paragraph (6), by striking and (2) by redesignating paragraph (7) as paragraph (10); and (3) by inserting after paragraph (6) the following: (7) the Director of the National Park Service; (8) the Director of the Bureau of Land Management; (9) the Commissioner of Reclamation; and . (d) Aquatic nuisance species program Section 1202 of the Nonindigenous Aquatic Nuisance Prevention and Control Act of 1990 ( 16 U.S.C. 4722 (1) in subsection (b)— (A) in paragraph (5), by striking and (B) in paragraph (6), by striking the period at the end and inserting ; and (C) by adding at the end the following: (7) not later than 90 days after the date of enactment of the Stop the Spread of Invasive Mussels Act of 2021 ; (2) in subsection (c), by adding at the end the following: (3) Mandatory inspection and decontamination To limit the movement of aquatic nuisance species into, within, or out of waters of the United States, each member of the Task Force may, as appropriate and in coordination with States— (A) conduct mandatory inspections and decontamination of recreational vessels; (B) if necessary, impound, quarantine, or otherwise prevent entry of a recreational vessel; and (C) partner with State and local governmental agencies to conduct inspections and decontaminations under this paragraph and accept any such inspections and decontamination by States and local government agencies for the purposes of allowing entry by recreational vessels to water regulated by such member of the Task Force. (4) Exceptions (A) Nothing in paragraph (3) shall be construed to— (i) limit the authority of the Commandant of the Coast Guard to regulate vessels provided under any other provision of law; (ii) limit the authority, jurisdiction, or responsibilities of a State to manage, control, or regulate fish and wildlife under the laws and regulations of the State; (iii) authorize members of the Task Force to control or regulate within a State the fishing or hunting of fish and wildlife; or (iv) authorize State and local governmental agencies to impound or quarantine vessels using Federal authority. (B) Authorities granted in paragraph (3) shall not apply at locations where— (i) inspection or decontamination activities would duplicate efforts by the Coast Guard under the Vessel Incidental Discharge Act of 2018 (Title IX of Public Law 115–282 (ii) inspection or decontamination activities would duplicate efforts by the Coast Guard under section 312(o) of the Federal Water Pollution Control Act ( 33 U.S.C. 1322(o) (iii) inspection or decontamination activities are conducted by the Coast Guard under any other provision of law; or (iv) the Coast Guard is exercising its authority to direct vessel traffic pursuant to section 70002 or section 70021 of title 46, United States Code. ; and (3) in subsection (e)— (A) in paragraph (1)— (i) in the first sentence, by inserting , economy, infrastructure, environment (ii) in the second sentence, by inserting (including through the use of recreational vessel inspection and decontamination stations) aquatic nuisance species (B) in paragraph (2), in the second sentence, by inserting infrastructure, and the ecosystems, (C) by adding at the end the following: (4) Technical assistance and recommendations The Task Force may provide technical assistance and recommendations for best practices to an agency or entity engaged in inspections or decontaminations under subsection (c) or receiving funds under section 2 of the Stop the Spread of Invasive Mussels Act of 2021 for the purpose of— (A) effectively managing and controlling the movement of aquatic nuisance species into, within, or out of waters of the United States; and (B) inspecting recreational vessels in a manner that minimizes disruptions to public access for boating and recreation in non-contaminated vessels. (5) Coordination In carrying out paragraph (4), including the development of recommendations, the Task Force may coordinate with— (A) State fish and wildlife management agencies; (B) other State agencies that manage fishery resources of the State, sustain fishery habitat, or manage and remove aquatic nuisance species; and (C) relevant nongovernmental entities. . 4. Technical corrections and conforming amendments The Nonindigenous Aquatic Nuisance Prevention and Control Act of 1990 ( 16 U.S.C. 4701 et seq. (1) in section 1002(b)(2), by inserting a comma after funded (2) in section 1003, in paragraph (7), by striking Canandian Canadian (3) in section 1203(a)— (A) in paragraph (1)(F), by inserting and research, (B) in paragraph (3), by striking encourage encouraged (4) in section 1204(b)(4), in the paragraph heading, by striking Adminisrative Administrative (5) in section 1209, by striking subsection (a) section 1202(a) (6) in section 1301(a)(2), by striking 4712(a)(2 4712(a)(2)

Summary: Stop the Spread of Invasive Mussels Act of 2021 This bill directs the Bureau of Reclamation to provide federal assistance to states with certain reclamation projects to prevent the spread of aquatic invasive species. Such assistance shall include financial assistance to purchase, establish, operate, or maintain watercraft inspection and decontamination stations. In providing financial assistance, Reclamation must prioritize projects such as watercraft inspections and decontamination stations that have the highest likelihood of preventing the spread of aquatic invasive species at reservoirs of reclamation projects; or projects that prevent the spread of an aquatic invasive species to waters under the jurisdiction of Reclamation, including irrigation, reclamation, or other water projects. This bill provides authority for each federal agency on the Aquatic Nuisance Species Task Force, along with state partners, to (1) conduct mandatory inspections and decontamination of recreational vessels; and (2) if necessary, impound, quarantine, or otherwise prevent entry of a recreational vessel. In addition, it expands the membership to include the National Park Service, Bureau of Land Management, and Reclamation.