33 U.S.C. § 610: Control of aquatic plant growths and invasive species

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. 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. Costs for research and planning undertaken pursuant to the authorities of this section shall be borne fully by the Federal Government. $30,000,000 shall be made available to carry out subsection (d)(1)(A)(i); $30,000,000 shall be made available to carry out subsection (d)(1)(A)(ii); $30,000,000 shall be made available to carry out subsection (d)(1)(A)(iii); $30,000,000 shall be made available to carry out subsection (d)(1)(A)(iv); and $10,000,000 shall be made available to carry out subsection (d)(1)(A)(v). $10,000,000 for each of fiscal years 2025 through 2029 to carry out subsection (f); and $75,000,000 for each of fiscal years 2021 through 2029 to carry out subsection (g)(2). There is authorized to be appropriated to the Secretary of the Interior, acting through the Director of the United States Fish and Wildlife Service, $10,000,000 to carry out subsection (g)(3). Any funds made available under paragraph (1) or (2)(A) 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. to protect the Columbia River Basin; to protect the Upper Missouri River Basin; to protect the Upper Colorado River Basin and the South Platte and Arkansas River Basins; to protect the Russian River Basin, California; and to protect basins and watersheds that adjoin an international border between the United States and Canada. The Secretary shall place watercraft inspection and decontamination stations under subparagraph (A) at locations with the highest likelihood of preventing the spread of aquatic invasive species into and out of waters of the United States, as determined by the Secretary in consultation with the Governors and entities described in paragraph (3). 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. 35 percent; and provided by the State or local governmental entity in which such inspection station is located. the Governors of the States within the areas described in each of clauses (i) through (v) of paragraph (1)(A), as applicable; Indian tribes; and the Department of Agriculture; the Department of Energy; the Department of Homeland Security; the Department of Commerce; and the Department of the Interior. carry out risk assessments of water resources facilities; monitor for aquatic invasive species; assist States in early detection of, and monitoring and contingency planning for, aquatic invasive species, including quagga and zebra mussels; and monitor water quality, including sediment cores and fish tissue samples. In this subsection, the term “invasive species” has the meaning given the term in section 1 of Executive Order 13112 (64 Fed. Reg. 6183; relating to invasive species ( February 3, 1999 )) (as amended by section 2 of Executive Order 13751 (81 Fed. Reg. 88609; relating to safeguarding the Nation from the impacts of invasive species ( December 5, 2016 ))). The Secretary, in coordination with the Aquatic Nuisance Species Task Force, shall carry out a pilot program under which the Secretary shall collaborate with States in the Upper Missouri River Basin in developing voluntary aquatic invasive species management plans to mitigate the effects of invasive species on public infrastructure facilities located on reservoirs of the Corps of Engineers in those States. are affected by aquatic invasive species; and need financial and technical assistance in order to maintain operations. In developing a management plan under subparagraph (A), the Secretary shall consider a management plan submitted by a participating State under section 4724(a) of title 16 . The authority provided under this subsection shall terminate on September 30, 2028 . In this subsection, the term “invasive species” has the meaning given the term in section 1 of Executive Order 13112 (64 Fed. Reg. 6183; relating to invasive species ( February 3, 1999 )) (as amended by section 2 of Executive Order 13751 (81 Fed. Reg. 88609; relating to safeguarding the Nation from the impacts of invasive species ( December 5, 2016 ))). The Secretary may enter into partnerships with applicable States and other Federal agencies to carry out actions to prevent the introduction of, control, or eradicate, to the maximum extent practicable, invasive species that adversely impact water quantity, water quality, or ecosystems in the Platte River Basin, the Upper Colorado River Basin, the Upper Snake River Basin, the Lake Erie Basin, the Ohio River Basin, the Connecticut River Basin, and the Upper Missouri River Basin. In selecting actions to carry out under a partnership under subparagraph (A), the Secretary shall give priority to projects that are intended to control or eradicate the Russian olive ( Elaeagnus angustifolia ), hydrilla ( Hydrilla verticillata ), or saltcedar (of the genus Tamarix ). at least 1 flood control district; and at least 1 city, county, township, town, borough, parish, village, or other general purpose political subdivision of a State or Indian Tribe (as defined in section 5304 of title 25 ); and may include any other entity (such as a nonprofit organization or institution of higher education), as determined by the Secretary. The term “invasive plant species” means a plant that is nonnative to the ecosystem under consideration, the introduction of which causes or is likely to cause economic harm or harm to human health. the Lower Colorado River Basin; the Rio Grande River Basin; the Texas Gulf Coast Basin; and the Arkansas-White-Red Basin; where appropriate, to replace the invasive plant species described in clause (i) with ecologically suitable native species; and to maintain and monitor riparian areas in which activities are carried out under clauses (i) and (ii). Not later than 18 months after December 27, 2020 , the Secretary of the Interior, acting through the Director of the United States Fish and Wildlife Service, shall submit to the Committee on Environment and Public Works of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives a report describing the implementation of the pilot program. The authority provided under this paragraph shall terminate on September 30, 2028 . The Federal share of an action carried out under a partnership under paragraph (2) or an activity carried out under the pilot program under paragraph (3) shall not exceed 80 percent of the total cost of the action or activity. The Secretary [of the Army] shall carry out a demonstration program to determine the causes of, and implement measures to effectively detect, prevent, treat, and eliminate, harmful algal blooms associated with water resources development projects or affecting water bodies of regional, national, or international importance in the United States or its territories. consult with the heads of appropriate Federal, State, and local agencies, institutions of higher education, and private organizations, including nonprofit organizations; and make maximum use of existing Federal and State data and ongoing programs and activities of Federal and State agencies, including the activities of the Secretary carried out through the Engineer Research and Development Center pursuant to section 1109 of the Water Resources Development Act of 2018 [ Pub. L. 115–270 ] ( 33 U.S.C. 610 note). the Great Lakes; the tidal and inland waters of the State of New Jersey, including Lake Hopatcong, New Jersey; the coastal and tidal waters of the State of Louisiana; the waterways of the counties that comprise the Sacramento-San Joaquin Delta, California; the Allegheny Reservoir Watershed, New York; Lake Okeechobee Watershed, Florida; the Caloosahatchee and St. Lucie Rivers, Florida; Lake Sidney Lanier, Georgia; Rio Grande River Basin, Colorado, New Mexico, and Texas; lakes and reservoirs in the State of Ohio; the Upper Mississippi River and tributaries; Detroit Lake, Oregon; Ten Mile Lake, Oregon; the coastal waters of the United States Virgin Islands; Lake Elsinore, California; and Willamette River, Oregon. In addition to the areas described in subsection (c), in carrying out the demonstration program under subsection (a), the Secretary shall undertake program activities related to harmful algal blooms at any Federal reservoir located in the Upper Missouri River Basin or the North Platte River Basin, at the request and expense of another Federal agency. There is authorized to be appropriated to the Secretary $35,000,000 to carry out this section. Such sums shall remain available until expended. reduce nutrient pollution; utilize natural and nature-based approaches, including oysters; protect, enhance, or restore wetlands or flood plains, including river and streambank stabilization; develop technologies for remote sensing, monitoring, or early detection of harmful algal blooms, or other emerging technologies; and combine removal of harmful algal blooms with a beneficial use, including conversion of retrieved algae biomass into biofuel, fertilizer, or other products. In carrying out the demonstration program under subsection (a), the Secretary may enter into agreements with a non-Federal entity for the use or sale of successful technologies developed under this section.” The Secretary [of the Army] shall periodically update the Invasive Species Policy Guidance, developed under section 104 of the River and Harbor Act of 1958 ( 33 U.S.C. 610 ) and the Nonindigenous Aquatic Nuisance Prevention and Control Act of 1990 ( 16 U.S.C. 4701 et seq.), in accordance with the most recent National Invasive Species Council Management Plan developed pursuant to Executive Order 13112 [ 42 U.S.C. 4321 note]. high-altitude lakes; the Tennessee and Cumberland River basins; and the Sacramento-San Joaquin Delta, California.” The Secretary [of the Army] shall carry out a pilot program, in consultation with the Federal Interagency Committee for the Management of Noxious and Exotic Weeds, to identify and develop new and improved strategies for terrestrial noxious weed control on Federal land under the jurisdiction of the Secretary. In carrying out the pilot program under subsection (a), the Secretary shall act in partnership with such other individuals and entities as the Secretary determines to be appropriate. The Secretary may utilize cooperative agreements with county and State agencies for the implementation of the pilot program under subsection (a). Not later than 2 years after the date of enactment of this Act [ Dec. 27, 2020 ], the Secretary shall provide to the Committee on Environment and Public Works of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives a report describing the new and improved strategies developed through the pilot program under subsection (a).” The Secretary [of the Army], in conjunction with the Tennessee Valley Authority and other relevant Federal agencies, shall carry out an Asian carp prevention pilot program to carry out projects to manage and prevent the spread of Asian carp using innovative technologies, methods, and measures. Each project under the pilot program shall be carried out in a river system or reservoir in the Cumberland River Watershed, Tennessee River Watershed, or Tombigbee River Watershed in which Asian carp populations are expanding or have been documented. applicable Federal, State, and local agencies; institutions of higher education; and relevant private organizations, including nonprofit organizations. The Secretary may select not more than 10 projects to carry out under the pilot program, of which not fewer than 1 shall be carried out on the Tennessee–Tombigbee Waterway. Not later than September 30, 2030 , the Secretary shall complete projects selected to be carried out under the pilot program. In carrying out the pilot program, to the maximum extent practicable, the Secretary shall consider existing best practices, such as those described in the document of the Asian Carp Working Group of the Aquatic Nuisance Species Task Force entitled ‘Management and Control Plan for Bighead, Black, Grass, and Silver Carps in the United States’ and dated November 2007. The Federal share of the costs of a project carried out under the program may not exceed 75 percent of the total costs of the project. After the completion of a project under the pilot program, the Federal share of the costs for operation, maintenance, rehabilitation, and repair of the project shall be 100 percent. For projects carried out in reservoirs owned or managed by the Tennessee Valley Authority, the Secretary and the Tennessee Valley Authority shall execute a memorandum of agreement establishing the framework for a partnership and the terms and conditions for sharing expertise and resources. The Secretary is authorized to accept and expend funds from the Tennessee Valley Authority to complete any work under this section at a reservoir owned or managed by the Tennessee Valley Authority. Not later than 2 years after the date of enactment of this Act [ Dec. 27, 2020 ], and 2 years after the date of enactment of the Water Resources Development Act of 2024 [ Jan. 4, 2025 ], the Secretary shall submit to Congress a report describing the results of the pilot program, including an analysis of the effectiveness of the innovative technologies, methods, and measures used in projects carried out under the pilot program at preventing the spread, or managing the eradicating of, Asian carp. There is authorized to be appropriated to carry out this subsection $25,000,000, to remain available until expended.” The Secretary [of the Army], acting through the Engineer Research and Development Center, shall implement a 5-year harmful algal bloom technology development demonstration program under the Aquatic Nuisance Research Program. To the extent practicable, the Secretary shall support research that will identify and develop improved strategies for early detection, prevention, and management techniques and procedures to reduce the occurrence and effects of harmful algal blooms in the Nation’s water resources. The Secretary shall ensure that technologies identified, tested, and deployed under the harmful algal bloom technology development demonstration program have the ability to scale up to meet the needs of harmful-algal-bloom-related events.”