118 S2105 IS: Stop the Spread of Invasive Mussels Act of 2023 U.S. Senate 2023-06-22 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

II118th CONGRESS1st SessionS. 2105IN THE SENATE OF THE UNITED STATESJune 22, 2023Mr. Bennet (for himself and Mr. Daines) introduced the following bill; which was read twice and referred to the Committee on Environment and Public WorksA BILLTo authorize the Secretary of the Interior and the Secretary of Agriculture to carry out activities to control the movement of aquatic invasive species into, across, and out of Federal land and waters, to provide for financial assistance from the Commissioner of Reclamation to Reclamation States for watercraft inspection and decontamination stations, to amend the Nonindigenous Aquatic Nuisance Prevention and Control Act of 1990 to make certain technical corrections, and for other purposes.

1.

Short title

This Act may be cited as the Stop the Spread of Invasive Mussels Act of 2023.

2.

Definitions

In this Act:(1)

Aquatic Nuisance Species Task Force

The term Aquatic Nuisance Species Task Force means the Aquatic Nuisance Species Task Force established by section 1201(a) of the Nonindigenous Aquatic Nuisance Prevention and Control Act of 1990 (16 U.S.C. 4721(a)).(2)

Federal land and water

The term Federal land and water means Federal land and water operated and maintained by the Bureau of Land Management, the Bureau of Reclamation, the National Park Service, or the Forest Service, as applicable.(3)

Indian tribe

The term Indian Tribe has the meaning given the term in section 4 of the Indian Self-Determination and Education Assistance Act (25 U.S.C. 5304). (4)

Inspection

The term inspection means an inspection to prevent and respond to biological invasions of an aquatic ecosystem.(5)

Partner

The term partner means—(A)a Reclamation State;(B)an Indian Tribe in a Reclamation State;(C)an applicable nonprofit organization in a Reclamation State; or(D)a unit of local government in a Reclamation State.(6)

Reclamation State

(A)

In general

The term Reclamation State means any State in which a Bureau of Reclamation reservoir is located.(B)

Inclusions

The term Reclamation State includes any of the States of—(i)Alaska;(ii)Arizona;(iii)California;(iv)Colorado;(v)Idaho;(vi)Kansas;(vii)Montana;(viii)Nebraska;(ix)Nevada;(x)New Mexico;(xi)North Dakota;(xii)Oklahoma;(xiii)Oregon;(xiv)South Dakota;(xv)Texas;(xvi)Utah;(xvii)Washington; and(xviii)Wyoming. (7)

Secretaries

The term Secretaries means—(A)the Secretary of the Interior, acting through the Director of the Bureau of Land Management, the Commissioner of Reclamation, and the Director of the National Park Service; and(B)the Secretary of Agriculture, acting through the Chief of the Forest Service.

3.

Federal land and aquatic resource activities assistance

(a)

Authority of Bureau of Land Management, Bureau of Reclamation, National Park Service, and Forest Service with respect to certain aquatic resource activities on Federal land and water

(1)

In general

The Secretaries may inspect and decontaminate watercraft entering and leaving Federal land and water located within a river basin that contains a Bureau of Reclamation water project.(2)

Requirements

The Secretaries shall—(A)in carrying out an inspection under paragraph (1), coordinate with 1 or more partners; (B)consult with the Aquatic Nuisance Species Task Force to identify potential improvements in the detection and management of invasive species on Federal land and water; and(C)to the maximum extent practicable, inspect watercraft in a manner that minimizes disruptions to public access for boating and recreation in noncontaminated watercraft. (3)

Partnerships

The Secretaries may enter into a partnership to provide technical assistance to a partner—(A)to carry out an inspection or decontamination of watercraft; or(B)to establish an inspection and decontamination station for watercraft.(4)

Data sharing

The Secretaries shall make available to a Reclamation State any data gathered relating to inspections carried out in the Reclamation State under this subsection. (b)

Grant program for reclamation states for watercraft inspection and decontamination stations

(1)

Watercraft inspection in Reclamation States

Subject to the availability of appropriations, the Secretary of the Interior, acting through the Commissioner of Reclamation (referred to in this subsection as the Secretary), shall establish a competitive grant program to provide grants to partners to conduct inspections and decontamination of watercraft in reservoirs operated and maintained by the Secretary, including to purchase, establish, operate, or maintain a watercraft inspection and decontamination station.(2)

Cost share

The Federal share of the cost of a grant under paragraph (1), including personnel costs, shall not exceed 75 percent.(3)

Standards

Before awarding a grant under paragraph (1), the Secretary shall determine that the project is technically and financially feasible.(4)

Coordination

In carrying out this subsection, the Secretary shall coordinate with—(A)each of the Reclamation States;(B)affected Indian Tribes; and(C)the Aquatic Nuisance Species Task Force.(c)

Authorization of appropriations

There is authorized to be appropriated to carry out this section $25,000,000 for fiscal year 2024 and each fiscal year thereafter.

4.

Technical corrections to the Nonindigenous Aquatic Nuisance Prevention and Control Act of 1990

(a)

Purposes

Section 1002(b) of the Nonindigenous Aquatic Nuisance Prevention and Control Act of 1990 (16 U.S.C. 4701(b)) is amended—(1)in paragraph (2)—(A)by inserting a comma after prevention; and(B)by inserting a comma after dissemination; and(2)in paragraph (3), by inserting a comma after monitor.(b)

Prevention of Unintentional Introductions

Section 1301(a)(2) of the Nonindigenous Aquatic Nuisance Prevention and Control Act of 1990 (16 U.S.C. 4741(a)(2)) is amended by striking 1102(a)(2 and inserting 1102(a)(2).