U.S Code last checked for updates: Nov 22, 2024
§ 4729.
Coastal Aquatic Invasive Species Mitigation Grant Program and Mitigation Fund
(1)
Definitions
In this section:
(A)
Coastal zone
(B)
Eligible entity
The term “eligible entity” means—
(i)
a State;
(ii)
a unit of local government;
(iii)
an Indian Tribe;
(iv)
a nongovernmental organization; and
(v)
an institution of higher education.
(C)
Exclusive Economic Zone
(D)
Foundation
(E)
Fund
(F)
Program
(G)
Secretary
(2)
Grant program
(A)
Establishment
(B)
Purposes
The purposes of the Program are—
(i)
to improve the understanding, prevention, and mitigation of, and response to, aquatic invasive species in—
(I)
the coastal zone; and
(II)
the Exclusive Economic Zone;
(ii)
to support the prevention and mitigation of impacts from aquatic invasive species in the coastal zone; and
(iii)
to support the restoration of Pacific Island habitats, marine, estuarine, and Great Lakes environments in the coastal zone and the Exclusive Economic Zone that are impacted by aquatic invasive species.
(C)
Use of grants
(i)
In general
A grant awarded under the Program shall be used for an activity to carry out the purposes of the Program, including an activity—
(I)
to develop and implement procedures and programs, including permissible State ballast water inspection programs, to prevent, detect, control, mitigate, and rapidly or progressively eradicate aquatic invasive species in the coastal zone or the Exclusive Economic Zone, particularly in areas with high numbers of established aquatic invasive species;
(II)
to restore habitat impacted by an aquatic invasive species;
(III)
to develop new shipboard and land-based ballast water treatment system technologies and performance standards to prevent the introduction of aquatic invasive species;
(IV)
to develop mitigation measures to protect natural and cultural living resources, including shellfish, from the impacts of aquatic invasive species; or
(V)
to develop mitigation measures to protect infrastructure, such as hydroelectric infrastructure, from aquatic invasive species.
(ii)
Prohibition on funding litigation
(D)
Administration
Not later than 90 days after December 4, 2018, the Foundation, in consultation with the Secretary, shall establish the following:
(i)
Application and review procedures for awarding grants under the Program.
(ii)
Approval procedures for awarding grants under the Program, including a requirement for consultation with—
(I)
the Secretary of the Interior; and
(II)
the Administrator.
(iii)
Performance accountability and monitoring measures for activities funded by a grant awarded under the Program.
(iv)
Procedures and methods to ensure accurate accounting and appropriate administration of grants awarded under the Program, including standards of recordkeeping.
(E)
Matching requirement
(F)
Funding
(3)
Mitigation Fund
(A)
Establishment
(B)
Transfers to Fund
(i)
Appropriation
(ii)
Additional authorization
(C)
Use of Fund
(Pub. L. 115–282, title IX, § 903(f), Dec. 4, 2018, 132 Stat. 4357.)
cite as: 16 USC 4729