--- kind: "section" citation: "16 U.S.C. § 8426" title: "16" title_heading: "Conservation" number: "8426" heading: "Aquatic resource activities assistance" release: "119-102" url: "https://uscodex.org/usc/16/8426" units: - "Chapter 103 — Expanding Public Lands Outdoor Recreation Experiences" - "Subchapter I — Outdoor Recreation and Infrastructure" - "Part B — Public Recreation on Federal Recreational Lands and Waters" --- # §8426. Aquatic resource activities assistance - (a) **Definitions—** In this section: - (1) **Aquatic Nuisance Species Task Force—** The term “Aquatic Nuisance Species Task Force” means the Aquatic Nuisance Species Task Force established by [section 4721(a) of this title](/usc/16/4721.md?p=a). - (2) **Decontamination—** The term “decontamination” means actions to remove aquatic nuisance species to prevent introduction or spread into new aquatic ecosystems. - (3) **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 U.S. Fish and Wildlife Service, the Bureau of Reclamation, the Forest Service, or the [National Park](/usc/16/410hhh–1.md?p=5) Service, as applicable. - (4) **Indian Tribe—** The term “Indian Tribe” has the meaning given such term in [section 5304 of title 25](/usc/25/5304.md). - (5) **Inspection—** The term “inspection” means actions to find aquatic nuisance species to prevent introduction or spread into new aquatic ecosystems. - (6) **Partner—** The term “partner” means— - (A) a [Reclamation State](#a-7); - (B) an [Indian Tribe](#a-4) in a [Reclamation State](#a-7); - (C) an applicable nonprofit organization in a [Reclamation State](#a-7); - (D) a [unit](/usc/16/430f–7.md?p=4) of local government in a [Reclamation State](#a-7); or - (E) a private entity. - (7) **Reclamation State—** The term “Reclamation State” includes any of the following [States](/usc/16/544.md?p=r): - (A) Alaska. - (B) Arizona. - (C) California. - (D) Colorado. - (E) Idaho. - (F) Kansas. - (G) Montana. - (H) Nebraska. - (I) Nevada. - (J) New Mexico. - (K) North Dakota. - (L) Oklahoma. - (M) Oregon. - (N) South Dakota. - (O) Texas. - (P) Utah. - (Q) Washington. - (R) Wyoming. - (8) **Reclamation project—** The term “reclamation[^1] project” has the meaning given such term in [section 460l–32(3)](/usc/16/460l–32.md?p=3) of this title. - (9) **Secretaries—** The term “Secretaries” means each of the following: - (A) The [Secretary](/usc/16/8401.md?p=7), acting through the Director of the Bureau of Land Management, the [Commissioner](/usc/16/3601.md?p=3) of Reclamation, and the Director of the [National Park](/usc/16/410hhh–1.md?p=5) Service. - (B) The [Secretary](/usc/16/8401.md?p=7) of Agriculture, acting through the Chief of the Forest Service. - (10) **Vessel—** The term “vessel” means any watercraft or other contrivance used or designed for transportation or navigation on, under, or immediately above, water. - (b) **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 waters—** - (1) **In general—** The head of each [Federal land management agency](/usc/16/8401.md?p=1) is authorized to carry out [inspections](#a-5) and [decontamination](#a-2) of [vessels](#a-10) entering or leaving [Federal land and waters](#a-3) under the jurisdiction of the respective [Federal land management agency](/usc/16/8401.md?p=1). - (2) **Requirements—** The [Secretaries](#a-9) shall— - (A) in carrying out an [inspection](#a-5) and [decontamination](#a-2) under [paragraph (1)](#b-1), coordinate with 1 or more [partners](#a-6); - (B) consult with the [Aquatic Nuisance Species Task Force](#a-1) to identify potential improvements and efficiencies in the detection and management of aquatic nuisance species on [Federal land and water](#a-3); and - (C) to the maximum extent practicable, inspect and decontaminate [vessels](#a-10) in a manner that minimizes disruptions to public access for boating and recreation in noncontaminated [vessels](#a-10). - (3) **Partnerships—** The [Secretaries](#a-9) may enter into a [partnership](/usc/16/8202.md?p=7) to lead, collaborate with, or provide technical assistance to a [partner](#a-6)— - (A) to carry out an [inspection](#a-5) or [decontamination](#a-2) of [vessels](#a-10); or - (B) to establish an [inspection](#a-5) and [decontamination](#a-2) station for [vessels](#a-10). - (4) **Limitation—** The [Secretaries](#a-9) shall not prohibit access to [vessels](#a-10) due solely to the absence of a Federal, [State](/usc/16/8401.md?p=9), or [partner](#a-6)’s [inspection](#a-5) [program](/usc/16/460ss–6.md?p=1) or station. - (5) **Exceptions—** - (A) **Authority to regulate vessels—** Nothing in this section shall be construed to limit the authority of the Commandant of the Coast Guard to regulate [vessels](#a-10) provided under any other provision of law. - (B) **Applicability—** Authorities granted in this subsection shall not apply at locations where [inspection](#a-5) or [decontamination](#a-2) activities would duplicate efforts by the Coast Guard. - (6) **Data sharing—** The [Secretaries](#a-9) shall make available to a [Reclamation State](#a-7) any relevant data gathered related to [inspections](#a-5) or [decontaminations](#a-2) carried out under this subsection in such [State](/usc/16/8401.md?p=9). - (c) **Grant program for Reclamation States for vessel inspection and decontamination stations—** - (1) **Vessels inspections in Reclamation States—** Subject to the availability of appropriations, the [Secretary](/usc/16/8401.md?p=7), acting through the [Commissioner](/usc/16/3601.md?p=3) of Reclamation, shall establish a competitive grant [program](/usc/16/460ss–6.md?p=1) to provide financial assistance to [partners](#a-6) to conduct [inspections](#a-5) and [decontamination](#a-2) of [vessels](#a-10) operating in Reclamation [projects](/usc/16/410r–5.md?p=c-4), including to purchase, establish, operate, or maintain a [vessel](#a-10) [inspection](#a-5) and [decontamination](#a-2) station. - (2) **Cost share—** The Federal share of the cost of a grant under [paragraph (1)](#c-1), including personnel costs, shall not exceed 75 percent. - (3) **Standards—** Before awarding a grant under [paragraph (1)](#c-1), the [Secretary](/usc/16/8401.md?p=7) shall determine that the [project](/usc/16/410r–5.md?p=c-4) is technically and financially feasible. - (4) **Coordination—** In carrying out this subsection, the [Secretary](/usc/16/8401.md?p=7) shall coordinate with— - (A) each of the [Reclamation States](#a-7); - (B) affected [Indian Tribes](/usc/16/544.md?p=g); and - (C) the [Aquatic Nuisance Species Task Force](#a-1). ## Footnotes [^1]: So in original. “Reclamation” is capitalized in this term in section 460l–32(3) of this title and in this section. ## Source credit (Pub. L. 118–234, title I, § 128, Jan. 4, 2025, 138 Stat. 2856.)