Stop the Spread of Invasive Mussels Act of 2021
Bill: H.R.5692 | Sponsor: Rep. Garamendi, John (D-CA)
Policy area: Water Resources Development

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
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.

To prevent the spread of aquatic invasive species in western waters, 
                        and for other purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Stop the Spread of Invasive Mussels 
Act of 2021''.

SEC. 2. BUREAU OF RECLAMATION ASSISTANCE.

    (a) Definitions.--In this section--
            (1) the term ``aquatic invasive species'' has the meaning 
        given that term ``aquatic nuisance species'' in section 1003 of 
        the Nonindigenous Aquatic Nuisance Prevention and Control Act 
        of 1990 (16 U.S.C. 4702);
            (2) the term ``reclamation project'' has the meaning given 
        that term in section 2803(3) of the Reclamation Projects 
        Authorization and Adjustment Act of 1992 (16 U.S.C. 460l-
        32(3));
            (3) the term ``reclamation State'' has the meaning given 
        that term in section 4014 of the Water Infrastructure 
        Improvements for the Nation Act (43 U.S.C. 390b note);
            (4) the term ``recreational vessel'' has the meaning given 
        that term in section 502(25) of the Federal Water Pollution 
        Control Act (33 U.S.C. 1362(25)); and
            (5) the term ``Secretary'' means the Secretary of the 
        Interior, acting through the Commissioner of Reclamation.
    (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'' and dated September 29, 2020, and any 
                        subsequent updates to such document submitted 
                        to the Task Force; and
                    (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.

SEC. 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) is 
amended--
            (1) by inserting after paragraph (12) the following:
            ``(13) `State' means each of the several States, the 
        District of Columbia, American Samoa, Guam, Puerto Rico, the 
        Northern Mariana Islands, and the Virgin Islands of the United 
        States.'';
            (2) in paragraph (16), by striking ``and'' at the end;
            (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' has the meaning given that 
        term in section 502(25) of the Federal Water Pollution Control 
        Act (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) is amended by 
adding at the end the following:
    ``(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)) is amended--
            (1) in paragraph (6), by striking ``and'' at the end;
            (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) is amended--
            (1) in subsection (b)--
                    (A) in paragraph (5), by striking ``and'' at the 
                end;
                    (B) in paragraph (6), by striking the period at the 
                end and inserting ``; and''; 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, recommend 
        legislative, programmatic, or regulatory changes to eliminate 
        remaining gaps in authorities between members of the Task Force 
        to effectively manage and control the movement of aquatic 
        nuisance species into, within, or out of waters of the United 
        States.'';
            (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; 132 
                        Stat. 4322);
                            ``(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,'' after 
                        ``environment''; and
                            (ii) in the second sentence, by inserting 
                        ``(including through the use of recreational 
                        vessel inspection and decontamination 
                        stations)'' after ``aquatic nuisance species'';
                    (B) in paragraph (2), in the second sentence, by 
                inserting ``infrastructure, and the'' after 
                ``ecosystems,''; and
                    (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.''.

SEC. 4. TECHNICAL CORRECTIONS AND CONFORMING AMENDMENTS.

    The Nonindigenous Aquatic Nuisance Prevention and Control Act of 
1990 (16 U.S.C. 4701 et seq.) is further amended--
            (1) in section 1002(b)(2), by inserting a comma after 
        ``funded'';
            (2) in section 1003, in paragraph (7), by striking 
        ``Canandian'' and inserting ``Canadian'';
            (3) in section 1203(a)--
                    (A) in paragraph (1)(F), by inserting ``and'' after 
                ``research,''; and
                    (B) in paragraph (3), by striking ``encourage'' and 
                inserting ``encouraged'';
            (4) in section 1204(b)(4), in the paragraph heading, by 
        striking ``Adminisrative'' and inserting ``Administrative'';
            (5) in section 1209, by striking ``subsection (a)'' and 
        inserting ``section 1202(a)''; and
            (6) in section 1301(a)(2), by striking ``4712(a)(2'' and 
        inserting ``4712(a)(2)''.
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