Stop the Spread of Invasive Mussels Act of 2020

I 116TH CONGRESS 2D SESSION H. R. 6057 To prevent the spread of aquatic invasive species in western waters, and for other purposes. IN THE HOUSE OF REPRESENTATIVES MARCH 2, 2020 Mr. MCADAMS (for himself and Mr. TIPTON) introduced the following bill; which was referred to the Committee on Transportation and Infrastruc- ture, and in addition to the Committee on Natural Resources, for a pe- riod to be subsequently determined by the Speaker, in each case for con- sideration of such provisions as fall within the jurisdiction of the com- mittee concerned 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 2020’’. 5 SEC. 2. BUREAU OF RECLAMATION ASSISTANCE. 6 (a) DEFINITIONS.—In this section: 7 VerDate Sep 11 2014 20:50 Mar 05, 2020 Jkt 099200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\H6057.IH H6057 pamtmann on DSKBC07HB2PROD with BILLS 2 •HR 6057 IH (1) AQUATIC INVASIVE SPECIES.—The term 1 ‘‘aquatic invasive species’’ has the meaning given the 2 term ‘‘aquatic nuisance species’’ in section 1003 of 3 the Nonindigenous Aquatic Nuisance Prevention and 4 Control Act of 1990 (16 U.S.C. 4702). 5 (2) RECLAMATION STATE.—The term ‘‘reclama- 6 tion State’’ has the meaning given the term in sec- 7 tion 4014 of the Water Infrastructure Improvements 8 for the Nation Act (43 U.S.C. 390b note; Public 9 Law 114–322). 10 (3) SECRETARY.—The term ‘‘Secretary’’ means 11 the Secretary of the Interior, acting through the 12 Commissioner of Reclamation. 13 (b) WATERCRAFT INSPECTION IN RECLAMATION 14 STATES.—The Secretary shall provide financial assistance 15 to a reclamation State to prevent the spread of aquatic 16 invasive species into and out of reservoirs operated and 17 maintained by the Secretary, including financial assistance 18 to purchase, establish, operate, or maintain a watercraft 19 inspection and decontamination station that has the high- 20 est likelihood of preventing the spread of aquatic invasive 21 species at reservoirs operated and maintained by the Sec- 22 retary, if the Secretary determines that the financial as- 23 sistance is— 24 (1) necessary; and 25 VerDate Sep 11 2014 20:50 Mar 05, 2020 Jkt 099200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\H6057.IH H6057 pamtmann on DSKBC07HB2PROD with BILLS 3 •HR 6057 IH (2) in the interests of the United States. 1 (c) COST SHARE.—The non-Federal share of the cost 2 of purchasing, establishing, operating, and maintaining a 3 watercraft inspection and decontamination station (includ- 4 ing a non-Federal watercraft inspection and decontamina- 5 tion station) under subsection (b), including personnel 6 costs, shall be— 7 (1) not less than 50 percent; and 8 (2) provided by the reclamation State, or a unit 9 of local government in the reclamation State, in 10 which the watercraft inspection and decontamination 11 station or other project is located. 12 (d) PRIORITY.—In providing financial assistance to 13 a reclamation State under subsection (b), the Secretary 14 shall give priority to a project that— 15 (1) would prevent the spread of an aquatic 16 invasive species to waters under the jurisdiction of 17 the Secretary, including an irrigation, reclamation, 18 or other water project; and 19 (2) aligns with— 20 (A) priorities of the reclamation State; and 21 (B) the document submitted to the Aquatic 22 Nuisance Species Task Force entitled ‘‘Quagga- 23 Zebra Mussel Action Plan for Western U.S. 24 Waters’’ and dated February 2010. 25 VerDate Sep 11 2014 20:50 Mar 05, 2020 Jkt 099200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\H6057.IH H6057 pamtmann on DSKBC07HB2PROD with BILLS 4 •HR 6057 IH (e) COORDINATION.—In carrying out this section, the 1 Secretary shall consult and coordinate with— 2 (1) each of the reclamation States; 3 (2) affected Indian Tribes; and 4 (3) the heads of appropriate Federal agencies. 5 (f) AUTHORIZATION OF APPROPRIATIONS.—There is 6 authorized to be appropriated to carry out this section 7 $25,000,000 for fiscal year 2020 and each fiscal year 8 thereafter. 9 SEC. 3. WATERCRAFT INSPECTION AND DECONTAMINA- 10 TION AUTHORITY. 11 (a) MANDATORY INSPECTION AND DECONTAMINA- 12 TION.— 13 (1) DEFINITION OF TASK FORCE AGENCY.—In 14 this subsection, the term ‘‘task force agency’’ means 15 any Federal agency the head of which is a member 16 of the Aquatic Nuisance Species Task Force under 17 section 1201(b) of the Nonindigenous Aquatic Nui- 18 sance Prevention and Control Act of 1990 (16 19 U.S.C. 4721(b)). 20 (2) MANDATORY INSPECTION AND DECON- 21 TAMINATION.—To limit the movement of aquatic 22 invasive species (as defined in section 2(a)) into or 23 out of the waters of the United States, each task 24 VerDate Sep 11 2014 20:50 Mar 05, 2020 Jkt 099200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\H6057.IH H6057 pamtmann on DSKBC07HB2PROD with BILLS 5 •HR 6057 IH force agency may, as appropriate and in consultation 1 with State wildlife management agencies— 2 (A) conduct mandatory inspections and de- 3 contamination of watercraft; and 4 (B) if necessary, impound, quarantine, or 5 otherwise prevent entry of a watercraft. 6 (b) AQUATIC NUISANCE SPECIES TASK FORCE.— 7 Section 1201(b) of the Nonindigenous Aquatic Nuisance 8 Prevention and Control Act of 1990 (16 U.S.C. 4721(b)) 9 is amended— 10 (1) in paragraph (6), by striking ‘‘and’’ at the 11 end; 12 (2) by redesignating paragraph (7) as para- 13 graph (10); and 14 (3) by inserting after paragraph (6) the fol- 15 lowing: 16 ‘‘(7) the Director of the National Park Service; 17 ‘‘(8) the Director of the Bureau of Land Man- 18 agement; 19 ‘‘(9) the Commissioner of Reclamation; and’’. 20 (c) AQUATIC NUISANCE SPECIES PROGRAM.—Sec- 21 tion 1202 of the Nonindigenous Aquatic Nuisance Preven- 22 tion and Control Act of 1990 (16 U.S.C. 4722) is amend- 23 ed— 24 (1) in subsection (b)— 25 VerDate Sep 11 2014 20:50 Mar 05, 2020 Jkt 099200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\H6057.IH H6057 pamtmann on DSKBC07HB2PROD with BILLS 6 •HR 6057 IH (A) in paragraph (5), by striking ‘‘and’’ at 1 the end; 2 (B) in paragraph (6), by striking the pe- 3 riod at the end and inserting ‘‘; and’’; and 4 (C) by adding at the end the following: 5 ‘‘(7) not later than 90 days after the date of 6 enactment of the Stop the Spread of Invasive Mus- 7 sels Act of 2020, recommend legislative or regu- 8 latory changes to eliminate remaining gaps in au- 9 thorities between members of the Task Force to ef- 10 fectively manage and control the movement of aquat- 11 ic nuisance species into or out of waters of the 12 United States.’’; and 13 (2) in subsection (e)— 14 (A) in paragraph (1)— 15 (i) in the first sentence, by inserting 16 ‘‘, economy, infrastructure,’’ after ‘‘envi- 17 ronment’’; and 18 (ii) in the second sentence, by insert- 19 ing ‘‘(including through the use of 20 watercraft inspection and decontamination 21 stations)’’ after ‘‘aquatic nuisance spe- 22 cies’’; and 23 VerDate Sep 11 2014 20:50 Mar 05, 2020 Jkt 099200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6201 E:\BILLS\H6057.IH H6057 pamtmann on DSKBC07HB2PROD with BILLS 7 •HR 6057 IH (B) in paragraph (2), in the second sen- 1 tence, by inserting ‘‘infrastructure, and the’’ 2 after ‘‘ecosystems,’’. 3 SEC. 4. TECHNICAL CORRECTIONS. 4 Section 104(d) of the River and Harbor Act of 1958 5 (33 U.S.C. 610(d)) is amended— 6 (1) in the subsection heading, by inserting 7 ‘‘AND DECONTAMINATION’’ after ‘‘INSPECTION’’; 8 (2) in paragraph (1)— 9 (A) in subparagraph (A)— 10 (i) in the subparagraph heading, by 11 inserting ‘‘AND DECONTAMINATION’’ after 12 ‘‘INSPECTION’’; and 13 (ii) in clause (iii), by striking ‘‘Ari- 14 zona’’ and inserting ‘‘Arkansas’’; and 15 (B) by striking subparagraph (B) and in- 16 serting the following: 17 ‘‘(B) LOCATIONS.—The Secretary shall 18 place watercraft inspection and decontamination 19 stations under subparagraph (A) at locations 20 with the highest likelihood of preventing the 21 spread of aquatic invasive species into and out 22 of waters of the United States, as determined 23 by the Secretary in consultation with the Gov- 24 VerDate Sep 11 2014 20:50 Mar 05, 2020 Jkt 099200 PO 00000 Frm 00007 Fmt 6652 Sfmt 6201 E:\BILLS\H6057.IH H6057 pamtmann on DSKBC07HB2PROD with BILLS 8 •HR 6057 IH ernors and entities described in paragraph 1 (3).’’; and 2 (3) by striking ‘‘watercraft inspection stations’’ 3 each place it appears and inserting ‘‘watercraft in- 4 spection and decontamination stations’’. 5 Æ VerDate Sep 11 2014 20:50 Mar 05, 2020 Jkt 099200 PO 00000 Frm 00008 Fmt 6652 Sfmt 6301 E:\BILLS\H6057.IH H6057 pamtmann on DSKBC07HB2PROD with BILLS