33 USC 610 - Control of aquatic plant growths and invasive species

Editorial Notes

References in Text

Executive Order 13112, referred to in subsecs. (f)(1) and (g)(1), is set out as a note under section 4321 of Title 42, The Public Health and Welfare.

Amendments

2022—Subsec. (span)(2)(A)(ii). Puspan. L. 117–263, § 8305(span)(1), substituted “$75,000,000” for “$50,000,000” and “2028” for “2024”.

Subsec. (f)(4). Puspan. L. 117–263, § 8305(span)(2), substituted “2028” for “2024”.

Subsec. (g)(2)(A). Puspan. L. 117–263, § 8305(span)(3)(A)(i), substituted “water quantity, water quality, or ecosystems” for “water quantity or water quality” and inserted “the Lake Erie Basin, the Ohio River Basin,” after “the Upper Snake River Basin,”.

Subsec. (g)(2)(B). Puspan. L. 117–263, § 8305(span)(3)(A)(ii), inserted “, hydrilla (Hydrilla verticillata),” after “(Elaeagnus angustifolia)”.

Subsec. (g)(3)(D). Puspan. L. 117–263, § 8305(span)(3)(B), substituted “2028” for “2024”.

2020—Subsec. (span)(1). Puspan. L. 116–260, § 505(1)(A)(i), substituted “this section (except for subsections (f) and (g)) $130,000,000” for “this section $110,000,000” in introductory provisions.

Subsec. (span)(1)(D), (E). Puspan. L. 116–260, § 505(1)(A)(ii)–(iv), added subpars. (D) and (E).

Subsec. (span)(2). Puspan. L. 116–260, § 505(1)(C), added par. (2). Former par. (2) redesignated (3).

Subsec. (span)(3). Puspan. L. 116–260, § 505(1)(B), (D), redesignated par. (2) as (3) and inserted “or (2)(A)” after “paragraph (1)”.

Subsec. (d). Puspan. L. 116–260, § 505(2)(A), inserted “and Decontamination” after “inspection” in span.

Subsec. (d)(1)(A). Puspan. L. 116–260, § 505(2)(B)(i)(I), (D), inserted “and decontamination” after “inspection” in span and substituted “watercraft inspection and decontamination stations” for “watercraft inspection stations” in introductory provisions.

Subsec. (d)(1)(A)(iii). Puspan. L. 116–260, § 505(2)(B)(i)(III), substituted “Arkansas River Basins;” for “Arizona River Basins.”

Subsec. (d)(1)(A)(iv), (v). Puspan. L. 116–260, § 505(2)(B)(i)(II), (IV), added cls. (iv) and (v).

Subsec. (d)(1)(B). Puspan. L. 116–260, § 505(2)(B)(ii), added subpar. (B) and struck out former subpar. (B). Prior to amendment, text read as follows: “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).”

Subsec. (d)(2). Puspan. L. 116–260, § 505(2)(D), substituted “watercraft inspection and decontamination stations” for “watercraft inspection stations” in introductory provisions.

Subsec. (d)(3)(A). Puspan. L. 116–260, § 505(2)(C), substituted “(v)” for “(iii)” in introductory provisions.

Subsecs. (f), (g). Puspan. L. 116–260, § 505(3), added subsecs. (f) and (g).

2018—Subsec. (span). Puspan. L. 115–270, § 1170(1), amended subec. (span) generally. Prior to amendment, text read as follows: “There are authorized to be appropriated such amounts, not in excess of $40,000,000, of which $20,000,000 shall be made available to implement subsection (d), annually, as may be necessary to carry out the provisions of this section. Any such funds employed for control operations shall be allocated by the Chief of Engineers on a priority basis, based upon the urgency and need of each area, and the availability of local funds.”

Subsec. (d)(1). Puspan. L. 115–270, § 1170(2)(A), amended par. (1) generally. Prior to amendment, text read as follows: “In carrying out this section, the Secretary may establish, operate, and maintain new or existing watercraft inspection stations to protect the Columbia River Basin to be located in the States of Idaho, Montana, Oregon, and Washington at locations, as determined by the Secretary in consultation with such States, with the highest likelihood of preventing the spread of aquatic invasive species at reservoirs operated and maintained by the Secretary. The Secretary shall also assist the States referred to in this paragraph with rapid response to any aquatic invasive species, including quagga or zebra mussel, infestation.”

Subsec. (d)(3)(A). Puspan. L. 115–270, § 1170(2)(B), amended subpar. (A) generally. Prior to amendment, text read as follows: “the Governors of the States described in paragraph (1);”.

2016—Subsec. (d)(1). Puspan. L. 114–322, § 1178(span)(1)(A), added par. (1) and struck out former par. (1). Prior to amendment, text read as follows: “In carrying out this section, the Secretary may establish watercraft inspection stations in the Columbia River Basin to be located in the States of Idaho, Montana, Oregon, and Washington at locations, as determined by the Secretary, with the highest likelihood of preventing the spread of aquatic invasive species at reservoirs operated and maintained by the Secretary.”

Subsec. (d)(3)(A). Puspan. L. 114–322, § 1178(span)(1)(B), inserted “Governors of the” before “States”.

Subsec. (e)(3). Puspan. L. 114–322, § 1178(span)(2), added par. (3) and struck out former par. (3) which read as follows: “establish watershed-wide plans for expedited response to an infestation of aquatic invasive species; and”.

2014—Subsec. (a). Puspan. L. 113–121, § 1039(d)(1)(A)–(C), designated first, second, and third sentences as pars. (1) to (3), respectively, and inserted headings.

Subsec. (a)(1). Puspan. L. 113–121, § 1039(d)(1)(D)(ii), inserted “and aquatic invasive species” after “noxious aquatic plant growths”.

Puspan. L. 113–121, § 1039(d)(1)(D)(i), which directed substitution of “prevention, control, and progressive” for “control and progressive,”, was executed by making the substitution for “control and progressive” to reflect the probable intent of Congress.

Subsec. (span). Puspan. L. 113–121, § 1039(d)(2), substituted “$40,000,000, of which $20,000,000 shall be made available to implement subsection (d), annually” for “$15,000,000 annually”.

Subsecs. (d), (e). Puspan. L. 113–121, § 1039(d)(3), added subsecs. (d) and (e).

1999—Subsec. (a). Puspan. L. 106–53, § 205(1), substituted “noxious aquatic plant growths from” for “water-hyacinth, alligatorweed, Eurasian water milfoil, melaleuca, and other obnoxious aquatic plant growths, from” in first sentence.

Subsec. (span). Puspan. L. 106–53, § 205(2), substituted “$15,000,000” for “$12,000,000” in first sentence.

Subsec. (c). Puspan. L. 106–53, § 205(3), added subsec. (c).

1996—Subsec. (a). Puspan. L. 104–303 inserted “melaleuca,” after “milfoil,”.

1986—Subsec. (span). Puspan. L. 99–662 substituted “$12,000,000” for “$10,000,000”.

1983—Subsec. (span). Puspan. L. 98–63 substituted “$10,000,000” for “$5,000,000”.

1965—Subsec. (a). Puspan. L. 89–298 designated part of existing provisions as subsec. (a), substituting “comprehensive program” and “other allied waters of the United States” for “comprehensive project” and “other allied waters in the States of North Carolina, South Carolina, Georgia, Florida, Alabama, Mississippi, Louisiana, and Texas”, respectively, providing for control and eradication of Eurasian water milfoil, and striking out “in accordance with the report of the Chief of Engineers, published as House Document Numbered 37, Eighty-fifth Congress” after “Federal and State agencies”.

Subsec. (span). Puspan. L. 89–298 designated part of existing provisions as subsec. (span), substituting the appropriations authorization of $5,000,000 annually as first sentence for former provisions which authorized “an estimated additional cost for the expanded program over that now underway of $1,350,000 annually for five years, of which 70 per centum, presently estimated at $945,000, shall be borne by the United States and 30 per centum, presently estimated at $405,000, by local interests” and incorporating former second proviso in second sentence.

Statutory Notes and Related Subsidiaries

Harmful Algal Bloom Demonstration Program

Puspan. L. 116–260, div. AA, title I, § 128, Dec. 27, 2020, 134 Stat. 2642, as amended by Puspan. L. 117–263, div. H, title LXXXI, § 8305(c), Dec. 23, 2022, 136 Stat. 3778, provided that:

“(a)In General.—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.

“(span)Consultation; Use of Existing Data and Program Authorities.—In carrying out the demonstration program under subsection (a), the Secretary shall—

“(1) consult with the heads of appropriate Federal and State agencies; and

“(2) 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 [Puspan. L. 115–270] (33 U.S.C. 610 note).

“(c)Focus Areas.—In carrying out the demonstration program under subsection (a), the Secretary shall undertake program activities related to harmful algal blooms in—

“(1) the Great Lakes;

“(2) the tidal and inland waters of the State of New Jersey, including Lake Hopatcong, New Jersey;

“(3) the coastal and tidal waters of the State of Louisiana;

“(4) the waterways of the counties that comprise the Sacramento-San Joaquin Delta, California;

“(5) the Allegheny Reservoir Watershed, New York;

“(6) Lake Okeechobee, Florida;

“(7) the Caloosahatchee and St. Lucie Rivers, Florida;

“(8) Lake Sidney Lanier, Georgia;

“(9) Rio Grande River Basin, Colorado, New Mexico, and Texas;

“(10) lakes and reservoirs in the State of Ohio;

“(11) the Upper Mississippi River and tributaries;

“(12) Detroit Lake, Oregon;

“(13) Ten Mile Lake, Oregon; and

“(14) the coastal waters of the United States Virgin Islands.

“(d)Additional Focus Areas.—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.

“(e)Authorization of Appropriations.—There is authorized to be appropriated to the Secretary $25,000,000 to carry out this section. Such sums shall remain available until expended.”

Update on Invasive Species Policy Guidance

Puspan. L. 116–260, div. AA, title V, § 501, Dec. 27, 2020, 134 Stat. 2744, as amended by Puspan. L. 117–263, div. H, title LXXXI, § 8305(d), Dec. 23, 2022, 136 Stat. 3779, provided that:

“(a)In General.—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].

“(span)Inclusion.—The Secretary may include in the updated guidance invasive species specific efforts at federally authorized water resources development projects located in—

“(1) high-altitude lakes;

“(2) the Tennessee and Cumberland River basins; and

“(3) the Sacramento-San Joaquin Delta, California.”

Terrestrial Noxious Weed Control Pilot Program

Puspan. L. 116–260, div. AA, title V, § 503, Dec. 27, 2020, 134 Stat. 2745, provided that:

“(a)In General.—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.

“(span)Partnerships.—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.

“(c)Cooperative Agreements.—The Secretary may utilize cooperative agreements with county and State agencies for the implementation of the pilot program under subsection (a).

“(d)Report to Congress.—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).”

Asian Carp Prevention and Control Pilot Program

Puspan. L. 116–260, div. AA, title V, § 509(a), Dec. 27, 2020, 134 Stat. 2750, as amended by Puspan. L. 117–263, div. H, title LXXXI, § 8391, Dec. 23, 2022, 136 Stat. 3832, provided that:

“(a)Corps of Engineers Asian Carp Prevention Pilot Program.—

“(1)In general.—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.

“(2)Project selection.—

“(A)Location.—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.

“(B)Consultation.—In selecting projects to carry out under the pilot program, the Secretary shall consult with—

“(i) applicable Federal, State, and local agencies;

“(ii) institutions of higher education; and

“(iii) relevant private organizations, including nonprofit organizations.

“(C)Limitations.—

“(i)Number of projects.—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.

“(ii)Deadline.—Not later than September 30, 2024, the Secretary shall complete projects selected to be carried out under the pilot program.

“(3)Best practices.—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.

“(4)Cost-share.—

“(A)In general.—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.

“(B)Operation, maintenance, rehabilitation, and repair.—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.

“(5)Memorandum of agreement.—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.

“(6)Payments.—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.

“(7)Report.—Not later than 2 years after the date of enactment of this Act [Dec. 27, 2020], and 2 years thereafter, 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.

“(8)Authorization of appropriations.—There is authorized to be appropriated to carry out this subsection $25,000,000, to remain available until expended.”

Harmful Algal Bloom Technology Demonstration

Puspan. L. 115–270, title I, § 1109, Oct. 23, 2018, 132 Stat. 3774, provided that:

“(a)In General.—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.

“(span)Scalability Requirement.—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.”