Stop the Spread of Invasive Mussels Act of 2019

II 116TH CONGRESS 1ST SESSION S. 2975 To prevent the spread of aquatic invasive species in western waters, and for other purposes. IN THE SENATE OF THE UNITED STATES DECEMBER 4, 2019 Mr. BENNET (for himself, Mr. DAINES, and Mr. TESTER) introduced the fol- lowing bill; which was read twice and referred to the Committee on Envi- ronment and Public Works A BILL To prevent the spread of aquatic invasive species in western waters, and for other purposes. Be it enacted by the Senate and House of Representa- 1 tives of the United States of America in Congress assembled, 2 SECTION 1. SHORT TITLE. 3 This Act may be cited as the ‘‘Stop the Spread of 4 Invasive Mussels Act of 2019’’. 5 SEC. 2. BUREAU OF RECLAMATION ASSISTANCE. 6 (a) DEFINITIONS.—In this section: 7 (1) AQUATIC INVASIVE SPECIES.—The term 8 ‘‘aquatic invasive species’’ has the meaning given the 9 term ‘‘aquatic nuisance species’’ in section 1003 of 10 VerDate Sep 11 2014 04:21 Dec 10, 2019 Jkt 099200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\S2975.IS S2975 kjohnson on DSK79L0C42 with BILLS 2 •S 2975 IS the Nonindigenous Aquatic Nuisance Prevention and 1 Control Act of 1990 (16 U.S.C. 4702). 2 (2) RECLAMATION STATE.—The term ‘‘reclama- 3 tion State’’ has the meaning given the term in sec- 4 tion 4014 of the Water Infrastructure Improvements 5 for the Nation Act (43 U.S.C. 390b note; Public 6 Law 114–322). 7 (3) SECRETARY.—The term ‘‘Secretary’’ means 8 the Secretary of the Interior, acting through the 9 Commissioner of Reclamation. 10 (b) WATERCRAFT INSPECTION IN RECLAMATION 11 STATES.—The Secretary shall provide financial assistance 12 to a reclamation State to prevent the spread of aquatic 13 invasive species into and out of reservoirs operated and 14 maintained by the Secretary, including financial assistance 15 to purchase, establish, operate, or maintain a watercraft 16 inspection and decontamination station that has the high- 17 est likelihood of preventing the spread of aquatic invasive 18 species at reservoirs operated and maintained by the Sec- 19 retary, if the Secretary determines that the financial as- 20 sistance is— 21 (1) necessary; and 22 (2) in the interests of the United States. 23 (c) COST SHARE.—The non-Federal share of the cost 24 of purchasing, establishing, operating, and maintaining a 25 VerDate Sep 11 2014 04:21 Dec 10, 2019 Jkt 099200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\S2975.IS S2975 kjohnson on DSK79L0C42 with BILLS 3 •S 2975 IS watercraft inspection and decontamination station (includ- 1 ing a non-Federal watercraft inspection and decontamina- 2 tion station) under subsection (b), including personnel 3 costs, shall be— 4 (1) not less than 50 percent; and 5 (2) provided by the reclamation State, or a unit 6 of local government in the reclamation State, in 7 which the watercraft inspection and decontamination 8 station or other project is located. 9 (d) PRIORITY.—In providing financial assistance to 10 a reclamation State under subsection (b), the Secretary 11 shall give priority to a project that— 12 (1) would prevent the spread of an aquatic 13 invasive species to waters under the jurisdiction of 14 the Secretary, including an irrigation, reclamation, 15 or other water project; and 16 (2) aligns with— 17 (A) priorities of the reclamation State; and 18 (B) the document submitted to the Aquatic 19 Nuisance Species Task Force entitled ‘‘Quagga- 20 Zebra Mussel Action Plan for Western U.S. 21 Waters’’ and dated February 2010. 22 (e) COORDINATION.—In carrying out this section, the 23 Secretary shall consult and coordinate with— 24 (1) each of the reclamation States; 25 VerDate Sep 11 2014 04:21 Dec 10, 2019 Jkt 099200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\S2975.IS S2975 kjohnson on DSK79L0C42 with BILLS 4 •S 2975 IS (2) affected Indian Tribes; and 1 (3) the heads of appropriate Federal agencies. 2 (f) AUTHORIZATION OF APPROPRIATIONS.—There is 3 authorized to be appropriated to carry out this section 4 $25,000,000 for fiscal year 2020 and each fiscal year 5 thereafter. 6 SEC. 3. WATERCRAFT INSPECTION AND DECONTAMINA- 7 TION AUTHORITY. 8 (a) MANDATORY INSPECTION AND DECONTAMINA- 9 TION.— 10 (1) DEFINITION OF TASK FORCE AGENCY.—In 11 this subsection, the term ‘‘task force agency’’ means 12 any Federal agency the head of which is a member 13 of the Aquatic Nuisance Species Task Force under 14 section 1201(b) of the Nonindigenous Aquatic Nui- 15 sance Prevention and Control Act of 1990 (16 16 U.S.C. 4721(b)). 17 (2) MANDATORY INSPECTION AND DECON- 18 TAMINATION.—To limit the movement of aquatic 19 invasive species (as defined in section 2(a)) into or 20 out of the waters of the United States, each task 21 force agency may, as appropriate— 22 (A) conduct mandatory inspections and de- 23 contamination of watercraft; and 24 VerDate Sep 11 2014 04:21 Dec 10, 2019 Jkt 099200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\S2975.IS S2975 kjohnson on DSK79L0C42 with BILLS 5 •S 2975 IS (B) if necessary, impound, quarantine, or 1 otherwise prevent entry of a watercraft. 2 (b) AQUATIC NUISANCE SPECIES TASK FORCE.— 3 Section 1201(b) of the Nonindigenous Aquatic Nuisance 4 Prevention and Control Act of 1990 (16 U.S.C. 4721(b)) 5 is amended— 6 (1) in paragraph (6), by striking ‘‘and’’ at the 7 end; 8 (2) by redesignating paragraph (7) as para- 9 graph (10); and 10 (3) by inserting after paragraph (6) the fol- 11 lowing: 12 ‘‘(7) the Director of the National Park Service; 13 ‘‘(8) the Director of the Bureau of Land Man- 14 agement; 15 ‘‘(9) the Commissioner of Reclamation; and’’. 16 (c) AQUATIC NUISANCE SPECIES PROGRAM.—Sec- 17 tion 1202 of the Nonindigenous Aquatic Nuisance Preven- 18 tion and Control Act of 1990 (16 U.S.C. 4722) is amend- 19 ed— 20 (1) in subsection (b)— 21 (A) in paragraph (5), by striking ‘‘and’’ at 22 the end; 23 (B) in paragraph (6), by striking the pe- 24 riod at the end and inserting ‘‘; and’’; and 25 VerDate Sep 11 2014 04:21 Dec 10, 2019 Jkt 099200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\S2975.IS S2975 kjohnson on DSK79L0C42 with BILLS 6 •S 2975 IS (C) by adding at the end the following: 1 ‘‘(7) not later than 90 days after the date of 2 enactment of the Stop the Spread of Invasive Mus- 3 sels Act of 2019, recommend legislative or regu- 4 latory changes to eliminate remaining gaps in au- 5 thorities between members of the Task Force to ef- 6 fectively manage and control the movement of aquat- 7 ic nuisance species into or out of waters of the 8 United States.’’; and 9 (2) in subsection (e)— 10 (A) in paragraph (1)— 11 (i) in the first sentence, by inserting 12 ‘‘, economy, infrastructure,’’ after ‘‘envi- 13 ronment’’; and 14 (ii) in the second sentence, by insert- 15 ing ‘‘(including through the use of 16 watercraft inspection and decontamination 17 stations)’’ after ‘‘aquatic nuisance spe- 18 cies’’; and 19 (B) in paragraph (2), in the second sen- 20 tence, by inserting ‘‘infrastructure, and the’’ 21 after ‘‘ecosystems,’’. 22 SEC. 4. TECHNICAL CORRECTIONS. 23 Section 104(d) of the River and Harbor Act of 1958 24 (33 U.S.C. 610(d)) is amended— 25 VerDate Sep 11 2014 04:21 Dec 10, 2019 Jkt 099200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6201 E:\BILLS\S2975.IS S2975 kjohnson on DSK79L0C42 with BILLS 7 •S 2975 IS (1) in the subsection heading, by inserting 1 ‘‘AND DECONTAMINATION’’ after ‘‘INSPECTION’’; 2 (2) in paragraph (1)— 3 (A) in subparagraph (A)— 4 (i) in the subparagraph heading, by 5 inserting ‘‘AND DECONTAMINATION’’ after 6 ‘‘INSPECTION’’; and 7 (ii) in clause (iii), by striking ‘‘Ari- 8 zona’’ and inserting ‘‘Arkansas’’; and 9 (B) by striking subparagraph (B) and in- 10 serting the following: 11 ‘‘(B) LOCATIONS.—The Secretary shall 12 place watercraft inspection and decontamination 13 stations under subparagraph (A) at locations 14 with the highest likelihood of preventing the 15 spread of aquatic invasive species into and out 16 of waters of the United States, as determined 17 by the Secretary in consultation with the Gov- 18 ernors and entities described in paragraph 19 (3).’’; and 20 (3) by striking ‘‘watercraft inspection stations’’ 21 each place it appears and inserting ‘‘watercraft in- 22 spection and decontamination stations’’. 23 Æ VerDate Sep 11 2014 04:21 Dec 10, 2019 Jkt 099200 PO 00000 Frm 00007 Fmt 6652 Sfmt 6301 E:\BILLS\S2975.IS S2975 kjohnson on DSK79L0C42 with BILLS