16 U.S.C. § 8426 (CONSERVATION)
§ 8426. Aquatic resource activities assistance
(a) Definitions
In this section:
(1) Aquatic Nuisance Species Task Force
The term “Aquatic Nuisance Species Task Force” means the Aquatic Nuisance Species Task Force established by section 4721(a) of this title.
(2) Decontamination
The term “decontamination” means actions to remove aquatic nuisance species to prevent introduction or spread into new aquatic ecosystems.
(3) Federal land and water
The term “Federal land and water” means Federal land and water operated and maintained by the Bureau of Land Management, the U.S. Fish and Wildlife Service, the Bureau of Reclamation, the Forest Service, or the National Park Service, as applicable.
(4) Indian Tribe
The term “Indian Tribe” has the meaning given such term in section 5304 of title 25.
(5) Inspection
The term “inspection” means actions to find aquatic nuisance species to prevent introduction or spread into new aquatic ecosystems.
(6) Partner
The term “partner” means—
(A) a Reclamation State;
(B) an Indian Tribe in a Reclamation State;
(C) an applicable nonprofit organization in a Reclamation State;
(D) a unit of local government in a Reclamation State; or
(E) a private entity.
(7) Reclamation State
The term “Reclamation State” includes any of the following States:
(A) Alaska.
(B) Arizona.
(C) California.
(D) Colorado.
(E) Idaho.
(F) Kansas.
(G) Montana.
(H) Nebraska.
(I) Nevada.
(J) New Mexico.
(K) North Dakota.
(L) Oklahoma.
(M) Oregon.
(N) South Dakota.
(O) Texas.
(P) Utah.
(Q) Washington.
(R) Wyoming.
(8) Reclamation project
The term “reclamation 1 project” has the meaning given such term in section 460l–32(3) of this title.
(9) Secretaries
The term “Secretaries” means each of the following:
(A) The Secretary, acting through the Director of the Bureau of Land Management, the Commissioner of Reclamation, and the Director of the National Park Service.
(B) The Secretary of Agriculture, acting through the Chief of the Forest Service.
(10) Vessel
The term “vessel” means any watercraft or other contrivance used or designed for transportation or navigation on, under, or immediately above, water.
(b) Authority of Bureau of Land Management, Bureau of Reclamation, National Park Service, and Forest Service with respect to certain aquatic resource activities on Federal land and waters
(1) In general
The head of each Federal land management agency is authorized to carry out inspections and decontamination of vessels entering or leaving Federal land and waters under the jurisdiction of the respective Federal land management agency.
(2) Requirements
The Secretaries shall—
(A) in carrying out an inspection and decontamination under paragraph (1), coordinate with 1 or more partners;
(B) consult with the Aquatic Nuisance Species Task Force to identify potential improvements and efficiencies in the detection and management of aquatic nuisance species on Federal land and water; and
(C) to the maximum extent practicable, inspect and decontaminate vessels in a manner that minimizes disruptions to public access for boating and recreation in noncontaminated vessels.
(3) Partnerships
The Secretaries may enter into a partnership to lead, collaborate with, or provide technical assistance to a partner—
(A) to carry out an inspection or decontamination of vessels; or
(B) to establish an inspection and decontamination station for vessels.
(4) Limitation
The Secretaries shall not prohibit access to vessels due solely to the absence of a Federal, State, or partner’s inspection program or station.
(5) Exceptions
(A) Authority to regulate vessels
Nothing in this section shall be construed to limit the authority of the Commandant of the Coast Guard to regulate vessels provided under any other provision of law.
(B) Applicability
Authorities granted in this subsection shall not apply at locations where inspection or decontamination activities would duplicate efforts by the Coast Guard.
(6) Data sharing
The Secretaries shall make available to a Reclamation State any relevant data gathered related to inspections or decontaminations carried out under this subsection in such State.
(c) Grant program for Reclamation States for vessel inspection and decontamination stations
(1) Vessels inspections in reclamation states
Subject to the availability of appropriations, the Secretary, acting through the Commissioner of Reclamation, shall establish a competitive grant program to provide financial assistance to partners to conduct inspections and decontamination of vessels operating in Reclamation projects, including to purchase, establish, operate, or maintain a vessel inspection and decontamination station.
(2) Cost share
The Federal share of the cost of a grant under paragraph (1), including personnel costs, shall not exceed 75 percent.
(3) Standards
Before awarding a grant under paragraph (1), the Secretary shall determine that the project is technically and financially feasible.
(4) Coordination
In carrying out this subsection, the Secretary shall coordinate with—
(A) each of the Reclamation States;
(B) affected Indian Tribes; and
(C) the Aquatic Nuisance Species Task Force.
(Pub. L. 118–234, title I, § 128, Jan. 4, 2025, 138 Stat. 2856.)