§ 610. Control of aquatic plant growths and invasive species

33 U.S.C. § 610 (N/A)
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There is hereby authorized a comprehensive program to provide for prevention, control, and progressive eradication of noxious aquatic plant growths and aquatic invasive species from the navigable waters, tributary streams, connecting channels, and other allied waters of the United States, in the combined interest of navigation, flood control, drainage, agriculture, fish and wildlife conservation, public health, and related purposes, including continued research for development of the most effective and economic control measures, to be administered by the Chief of Engineers, under the direction of the Secretary of the Army, in cooperation with other Federal and State agencies.

(1) In general There is hereby authorized a comprehensive program to provide for prevention, control, and progressive eradication of noxious aquatic plant growths and aquatic invasive species from the navigable waters, tributary streams, connecting channels, and other allied waters of the United States, in the combined interest of navigation, flood control, drainage, agriculture, fish and wildlife conservation, public health, and related purposes, including continued research for development of the most effective and economic control measures, to be administered by the Chief of Engineers, under the direction of the Secretary of the Army, in cooperation with other Federal and State agencies.

(2) Local interests Local interests shall agree to hold and save the United States free from claims that may occur from control operations and to participate to the extent of 30 per centum of the cost of such operations.

(3) Federal costs Costs for research and planning undertaken pursuant to the authorities of this section shall be borne fully by the Federal Government.

There is authorized to be appropriated to carry out this section $110,000,000 for each fiscal year, of which—

There is authorized to be appropriated to carry out this section $110,000,000 for each fiscal year, of which—

(A) $30,000,000 shall be made available to carry out subsection (d)(1)(A)(i);

(B) $30,000,000 shall be made available to carry out subsection (d)(1)(A)(ii); and

(C) $30,000,000 shall be made available to carry out subsection (d)(1)(A)(iii).

(2) Control operations Any funds made available under paragraph (1) to be used for control operations shall be allocated by the Chief of Engineers on a priority basis, based on the urgency and need of each area and the availability of local funds.

In carrying out the program under this section, the Secretary is encouraged to use contracts, cooperative agreements, and grants with colleges and universities and other non-Federal entities.

In carrying out this section, the Secretary shall establish (as applicable), operate, and maintain new or existing watercraft inspection stations—

In carrying out this section, the Secretary shall establish (as applicable), operate, and maintain new or existing watercraft inspection stations—

(A) Watercraft inspection stationsIn carrying out this section, the Secretary shall establish (as applicable), operate, and maintain new or existing watercraft inspection stations— (i) to protect the Columbia River Basin; (ii) to protect the Upper Missouri River Basin; and (iii) to protect the Upper Colorado River Basin and the South Platte and Arizona River Basins.

(B) Locations The Secretary shall establish watercraft inspection stations under subparagraph (A) at locations with the highest likelihood of preventing the spread of aquatic invasive species at reservoirs operated and maintained by the Secretary, as determined by the Secretary in consultation with States within the areas described in subparagraph (A).

(C) Rapid response The Secretary shall assist States within the areas described in subparagraph (A) with rapid response to any aquatic invasive species, including quagga or zebra mussel, infestation.

The non-Federal share of the cost of constructing, operating, and maintaining watercraft inspection stations described in paragraph (1) (including personnel costs) shall be—

(A) 50 percent; and

(B) provided by the State or local governmental entity in which such inspection station is located.

In carrying out this subsection, the Secretary shall consult and coordinate with—

(A) the Governors of the States within the areas described in each of clauses (i) through (iii) of paragraph (1)(A), as applicable;

(B) Indian tribes; and

(C) other Federal agencies, including— (i) the Department of Agriculture; (ii) the Department of Energy; (iii) the Department of Homeland Security; (iv) the Department of Commerce; and (v) the Department of the Interior.

In carrying out this section, the Secretary may—

(1) carry out risk assessments of water resources facilities;

(2) monitor for aquatic invasive species;

(3) assist States in early detection of aquatic invasive species, including quagga and zebra mussels; and

(4) monitor water quality, including sediment cores and fish tissue samples.

(Pub. L. 85–500, title I, § 104, July 3, 1958, 72 Stat. 300; Pub. L. 89–298, title III, § 302, Oct. 27, 1965, 79 Stat. 1092; Pub. L. 98–63, title I, July 30, 1983, 97 Stat. 313; Pub. L. 99–662, title IX, § 941, Nov. 17, 1986, 100 Stat. 4199; Pub. L. 104–303, title II, § 225, Oct. 12, 1996, 110 Stat. 3697; Pub. L. 106–53, title II, § 205, Aug. 17, 1999, 113 Stat. 285; Pub. L. 113–121, title I, § 1039(d), June 10, 2014, 128 Stat. 1238; Pub. L. 114–322, title I, § 1178(b), Dec. 16, 2016, 130 Stat. 1674; Pub. L. 115–270, title I, § 1170, Oct. 23, 2018, 132 Stat. 3798.)