16 U.S.C. § 4724
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-
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-
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.
The Director may, at the recommendation of the Task Force, make grants to States with management plans approved under subsection (a) for the implementation of those plans.
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.
For the purposes of this section, administrative costs for activities and programs carried out with a grant in any fiscal year shall not exceed 5 percent of the amount of the grant in that year.
In addition to cash outlays and payments, in-kind contributions of property or personnel services by non-Federal interests for activities under this section may be used for the non-Federal share of the cost of those activities.
Upon request of a State or Indian tribe, the Director or the Under Secretary, to the extent allowable by law and in a manner consistent with section 1411 of title 14, may provide assistance to a State or Indian tribe in enforcing an approved State or interstate invasive species management plan.
1See References in Text note below.
16 U.S.C. § 4724
EDITORIAL NOTES
REFERENCES IN TEXTSection 141 of title 14, referred to in subsec. (c), was redesignated section 701 of title 14 by Pub. L. 115-282, title I, §106(b), Dec. 4, 2018, 132 Stat. 4203, and references to section 141 of title 14 deemed to refer to such redesignated section, see section 123(b)(1) of Pub. L. 115-282 set out as a References to Sections of Title 14 as Redesignated by Pub. L. 115-282 note preceding section 101 of Title 14, Coast Guard.
AMENDMENTS2022-Subsec. (b)(4). Pub. L. 117-263 substituted "Administrative" for "Adminisrative" in heading. 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)," after "The Director" and substituted "management plans approved under subsection (a)" for "approved management plans". Subsec. (c). Pub. L. 104-332, §2(e)(6)(C), added subsec. (c).
- Assistant Secretary
- "Assistant Secretary" means the Assistant Secretary of the Army (Civil Works);
- Director
- "Director" means the Director of the United States Fish and Wildlife Service;
- Indian tribe
- "Indian tribe" means any Indian tribe, band, nation, or other organized group or community, including any Alaska Native village or regional corporation (as defined in or established pursuant to the Alaska Native Claims Settlement Act (43 U.S.C. 1601 et seq.)) that is recognized as eligible for the special programs and services provided by the United States to Indians because of their status as Indians;
- State
- "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;
- Task Force
- "Task Force" means the Aquatic Nuisance Species Task Force established under section 4721 of this title;
- Under Secretary
- "Under Secretary" means the Under Secretary of Commerce for Oceans and Atmosphere;
- aquatic nuisance species
- "aquatic nuisance species" means a nonindigenous species that threatens the diversity or abundance of native species or the ecological stability of infested waters, or commercial, agricultural, aquacultural or recreational activities dependent on such waters;
- interstate organization
- "interstate organization" means an entity-(A) established by-(i) an interstate compact that is approved by Congress;(ii) a Federal statute; or(iii) a treaty or other international agreement with respect to which the United States is a party; and(B)(i) that represents 2 or more-(I) States or political subdivisions thereof; or(II) Indian tribes; or(ii) that represents-(I) 1 or more States or political subdivisions thereof; and(II) 1 or more Indian tribes; or(iii) that represents the Federal Government and 1 or more foreign governments; and(C) has jurisdiction over, serves as forum for coordinating, or otherwise has a role or responsibility for the management of, any land or other natural resource;