[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5692 Introduced in House (IH)]
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117th CONGRESS
1st Session
H. R. 5692
To prevent the spread of aquatic invasive species in western waters,
and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
October 22, 2021
Mr. Garamendi (for himself and Mr. Amodei) introduced the following
bill; which was referred to the Committee on Transportation and
Infrastructure, and in addition to the Committee on Natural Resources,
for a period to be subsequently determined by the Speaker, in each case
for consideration of such provisions as fall within the jurisdiction of
the committee concerned
_______________________________________________________________________
A BILL
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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