16 U.S.C. § 4741

Current through P.L. 118-106 (published on www.congress.gov on 10/04/2024)

Section 4741 - Authorization of appropriations

(a) Prevention of unintentional introductions

There are authorized to be appropriated to develop and implement the provisions of subchapter II-

(1) $500,000 until the end of fiscal year 1992 to the Secretary to carry out sections 4711¹ and 4712(a)(3) of this title;

(2) $2,000,000 until the end of fiscal year 1992 to the Director and Under Secretary to carry out the studies under sections 4712(a)(1) and 4712(a)(2² of this title;

(3) to the Secretary to carry out section 4711¹ of this title-

(A) $2,000,000 for each of fiscal years 1997 and 1998; and

(B) $3,000,000 for each of fiscal years 1999 through 2002;

(4) for each of fiscal years 1997 through 2002, to carry out paragraphs (1) and (2) of section 4712(b) of this title-

(A) $1,000,000 to the Department of the Interior, to be used by the Director; and

(B) $1,000,000 to the Secretary; and

(5) for each of fiscal years 1997 through 2002-

(A) $3,000,000, which shall be made available from funds otherwise authorized to be appropriated if such funds are so authorized, to the Under Secretary to carry out section 4712(e) of this title; and

(B) $500,000 to the Secretary to carry out section 4712(f) of this title.

(b) Task Force and aquatic nuisance species program

There are authorized to be appropriated for each of fiscal years 1997 through 2002 to develop and implement the provisions of subchapter III-

(1) $6,000,000 to the Department of the Interior, to be used by the Director to carry out sections 4722 and 4728 of this title;

(2) $1,000,000 to the Department of Commerce, to be used by the Under Secretary to carry out section 4722 of this title;

(3) $1,625,000, which shall be made available from funds otherwise authorized to be appropriated if such funds are so authorized, to fund aquatic nuisance species prevention and control research under section 4722(i) of this title at the Great Lakes Environmental Research Laboratory of the National Oceanic and Atmospheric Administration, of which $500,000 shall be made available for grants, to be competitively awarded and subject to peer review, for research relating to Lake Champlain;

(4) $5,000,000 for competitive grants for university research on aquatic nuisance species under section 4722(f)(3) of this title as follows:

(A) $2,800,000, which shall be made available from funds otherwise authorized to be appropriated if such funds are so authorized, to fund grants under section 1124 of title 33;

(B) $1,200,000 to fund grants to colleges for the benefit of agriculture and the mechanic arts referred to in section 322 of title 7; and

(C) $1,000,000 to fund grants through the Cooperative Fisheries and Wildlife Research Unit Program of the United States Fish and Wildlife Service;

(5) $3,000,000 to the Department of the Army, to be used by the Assistant Secretary to carry out section 4722(i)(1)(B) of this title; and

(6) $300,000 to the Department of the Interior, to be used by the Director to fund regional panels and similar entities under section 4723 of this title, of which $100,000 shall be used to fund activities of the Great Lakes Commission.

(c) Grants for State management programs

There are authorized to be appropriated for each of fiscal years 1997 through 2002 $4,000,000 to the Department of the Interior, to be used by the Director for making grants under section 4724 of this title, of which $1,500,000 shall be used by the Director, in consultation with the Assistant Secretary, for management of aquatic nuisance vegetation species.

(d) Intentional introductions policy review

There are authorized to be appropriated for fiscal year 1991, $500,000 to the Director and the Under Secretary to conduct the intentional introduction policy review under section 4727 of this title.

(e) Ballast water management demonstration program

There are authorized to be appropriated $2,500,000 to carry out section 4714 of this title.

(f) Research

There are authorized to be appropriated to the Director $1,000,000 to carry out research on the prevention, monitoring, and control of aquatic nuisance species in Narragansett Bay, Rhode Island. The funds shall be made available for use by the Department of Environmental Management of the State of Rhode Island.

¹See References in Text note below.

²So in original. Probably should be followed by a closing parenthesis.

16 U.S.C. § 4741

Pub. L. 101-646, title I, §13011301,, 104 Stat. 4772; Pub. L. 102-186, §4(b)(2), Dec. 4, 1991, 105 Stat. 1283; Pub. L. 104-332, §2(f), (h) (1), Oct. 26, 1996, 110 Stat. 4090, 4091.

EDITORIAL NOTES

REFERENCES IN TEXTSection 4711 of this title, referred to in subsec. (a)(1), (3), was repealed by Pub. L. 115-282, title IX, §903(a)(2)(A)(i), Dec. 4, 2018, 132 Stat. 4354.

CODIFICATION"Section 322 of title 7" substituted in subsec. (b)(4)(B) for "the first section of the Act of August 30, 1890 (26 Stat. 417, chapter 841; 7 U.S.C. 322)". Section 1 of the act of Aug. 30, 1890, is classified to sections 322 and 323 of Title 7, Agriculture, but only section 322 refers to agriculture and the mechanic arts.

AMENDMENTS1996- Pub. L. 104-332, §2(h)(1), made technical amendment to Pub. L. 101-646, §1301, which enacted this section. Subsec. (a)(3). Pub. L. 104-332, §2(f)(1)(B), added par. (3) and struck out former par. (3) which read as follows: "$1,000,000 for each of fiscal years 1993, 1994, and 1995 to the Secretary for implementation and enforcement of the regulations promulgated under section 4711 of this title."Subsec. (a)(4), (5). Pub. L. 104-332, §2(f)(1)(A), (C), added pars. (4) and (5).Subsec. (b). Pub. L. 104-332, §2(f)(2)(A), substituted "1997 through 2002" for "1991, 1992, 1993, 1994, and 1995" in introductory provisions.Subsec. (b)(1) to (7). Pub. L. 104-332, §2(f)(2)(B), added pars. (1) to (6) and struck out former pars. (1) to (7) which read as follows:"(1) $7,000,000 to the Director to carry out sections 4722 and 4728 of this title; "(2) $5,000,000 to the Under Secretary to carry out section 4722 of this title;"(3) $1,125,000 to fund aquatic nuisance species prevention and control research under section 4722(i) of this title at the Great Lakes Environmental Research Laboratory of the National Oceanic and Atmospheric Administration;"(4) $5,000,000 for competitive grants for university research on aquatic nuisance species under section 4722(f)(3) of this title as follows:"(A) $3,375,000 to fund grants under the National Sea Grant College Program Act (33 U.S.C. 1121 et seq.), and of this amount, $2,500,000 to fund grants in the Great Lakes region; and"(B) $1,675,000 to fund grants through the Cooperative Fisheries and Wildlife Research Unit Program of the United States Fish and Wildlife Service;"(5) $500,000 to fund Sea Grant Marine Advisory Services education and technical assistance related to infestations of zebra mussels under sections 4722(g) and (h) of this title; "(6) $200,000 to fund aquatic nuisance species prevention and control activities of the Great Lakes Commission; and"(7) $2,000,000 to the Assistant Secretary to carry out section 4722(i)(2) of this title."Subsec. (c). Pub. L. 104-332, §2(f)(3), added subsec. (c) and struck out heading and text of former subsec. (c). Text read as follows: "There are authorized to be appropriated for each of fiscal years 1991, 1992, 1993, 1994, and 1995 to make grants under section 4724 of this title-"(1) $2,500,000 to the Director; and "(2) $5,000,000 to the Assistant Secretary." Subsecs. (e), (f). Pub. L. 104-332, §2(f)(4), added subsecs. (e) and (f).1991-Subsec. (b)(4)(A). Pub. L. 102-186 amended subpar. (A) generally. Prior to amendment, subpar. (A) read as follows: "$3,375,000 to fund grants under section 1125 of title 33, and of this amount, $2,500,000 to fund grants in the Great Lakes region; and".

Assistant Secretary: "Assistant Secretary" means the Assistant Secretary of the Army (Civil Works);
Director: "Director" means the Director of the United States Fish and Wildlife Service;
Great Lakes region: "Great Lakes region" means the 8 States that border on the Great Lakes;
Great Lakes: "Great Lakes" means Lake Ontario, Lake Erie, Lake Huron (including Lake St. Clair), Lake Michigan, Lake Superior, and the connecting channels (Saint Mary's River, Saint Clair River, Detroit River, Niagara River, and Saint Lawrence River to the Canadian Border), and includes all other bodies of water within the drainage basin of such lakes and connecting channels.1
Secretary: "Secretary" means the Secretary of the department in which the Coast Guard is operating;
State: "State" means each of the several States, the District of Columbia, American Samoa, Guam, Puerto Rico, the Northern Mariana Islands, and the Virgin Islands of the United States;
Task Force: "Task Force" means the Aquatic Nuisance Species Task Force established under section 4721 of this title;
Under Secretary: "Under Secretary" means the Under Secretary of Commerce for Oceans and Atmosphere;
aquatic nuisance species: "aquatic nuisance species" means a nonindigenous species that threatens the diversity or abundance of native species or the ecological stability of infested waters, or commercial, agricultural, aquacultural or recreational activities dependent on such waters;
ballast water: "ballast water" means any water and associated sediments used to manipulate the trim and stability of a vessel;