View all text of Subchapter III [§ 4721 - § 4730]
§ 4724. State aquatic nuisance species management plans
(a) State or interstate invasive species management plans
(1) In general
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—
(A) a comprehensive management plan to the Task Force for approval which identifies those areas or activities within the State or within the interstate region involved, other than those related to public facilities, for which technical, enforcement, or financial assistance (or any combination thereof) is needed to eliminate or reduce the environmental, public health, and safety risks associated with aquatic nuisance species, particularly the zebra mussel; and
(B) a public facility management plan to the Assistant Secretary for approval which is limited solely to identifying those public facilities within the State or within the interstate region involved for which technical and financial assistance is needed to reduce infestations of zebra mussels.
(2) Content
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—
(A) identify and describe State and local programs for environmentally sound prevention and control of the target aquatic nuisance species;
(B) identify Federal activities that may be needed for environmentally sound prevention and control of aquatic nuisance species and a description of the manner in which those activities should be coordinated with State and local government activities;
(C) identify any authority that the State (or any State or Indian tribe involved in the interstate organization) does not have at the time of the development of the plan that may be necessary for the State (or any State or Indian tribe involved in the interstate organization) to protect public health, property, and the environment from harm by aquatic nuisance species; and
(D) a schedule of implementing the plan, including a schedule of annual objectives, and enabling legislation.
(3) Consultation
(A) In developing and implementing a management plan, the State or interstate organization should, to the maximum extent practicable, involve local governments and regional entities, Indian tribes, and public and private organizations that have expertise in the control of aquatic nuisance species.
(B) Upon the request of a State or the appropriate official of an interstate organization, the Task Force or the Assistant Secretary, as appropriate under paragraph (1), may provide technical assistance in developing and implementing a management plan.
(4) Plan approval
(b) Grant program
(1) State grants
(2) Application
(3) Federal share
(A) The Federal share of the cost of each comprehensive management plan implemented with Federal assistance under this section in any fiscal year shall not exceed 75 percent of the cost incurred by the State in implementing such management program and the non-Federal share of such costs shall be provided from non-Federal sources.
(B) The Federal share of the cost of each public facility management plan implemented with Federal assistance under this section in any fiscal year shall not exceed 50 percent of the cost incurred by the State in implementing such management program and the non-Federal share of such costs shall be provided from non-Federal sources.
(4) Administrative costs
(5) In-kind contributions
(c) Enforcement assistance
(Pub. L. 101–646, title I, § 1204, Nov. 29, 1990, 104 Stat. 4770; Pub. L. 104–332, § 2(e)(6), (h)(1), Oct. 26, 1996, 110 Stat. 4089, 4091; Pub. L. 117–263, div. K, title CXIII, § 11327(e)(4), Dec. 23, 2022, 136 Stat. 4098.)