[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[H.R. 8876 Introduced in House (IH)]
<DOC>
119th CONGRESS
2d Session
H. R. 8876
To amend the Nonindigenous Aquatic Nuisance Prevention and Control Act
of 1990 to provide for the prevention, management, control, and
eradication of aquatic nuisance species, and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
May 19, 2026
Mr. Walberg (for himself and Ms. Elfreth) introduced the following
bill; which was referred to the Committee on Transportation and
Infrastructure, and in addition to the Committee on Natural Resources,
for a period to be subsequently determined by the Speaker, in each case
for consideration of such provisions as fall within the jurisdiction of
the committee concerned
_______________________________________________________________________
A BILL
To amend the Nonindigenous Aquatic Nuisance Prevention and Control Act
of 1990 to provide for the prevention, management, control, and
eradication of aquatic nuisance species, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Aquatic Invasive Species Control and
Prevention Act of 2026''.
SEC. 2. AQUATIC NUISANCE SPECIES.
(a) Definitions.--Section 1003 of the Nonindigenous Aquatic
Nuisance Prevention and Control Act of 1990 (16 U.S.C. 4721) is
amended--
(1) in paragraph (1), by inserting ``and the term `aquatic
invasive species''' before ``means a nonindigenous'';
(2) in paragraph (18), by striking ``and'' at the end;
(3) in paragraph (19), by striking the period at the end
and inserting a semicolon; and
(4) by adding at the end the following:
``(20) `rapid response activities' means timely
actions taken upon the detection of an aquatic invasive
species--
``(A) to--
``(i) eradicate the aquatic
invasive species; or
``(ii) control and prevent the
establishment of the aquatic invasive
species;
``(B) to ensure conservation outcomes of
noninvasive species and the habitats of such
species;
``(C) to maintain ecosystem functions of
ecosystems affected by the aquatic invasive
species; and
``(D) to avoid, reduce, or mitigate
significant economic harms and consequences
associated with the aquatic invasive species;
and
``(21) `regional panels' means the regional panels
convened pursuant to section 1203, including the--
``(A) Great Lakes Regional Panel;
``(B) Western Regional Panel;
``(C) Gulf and South Atlantic Regional
Panel;
``(D) Northeast Aquatic Nuisance Species
Regional Panel;
``(E) Mississippi River Basin Regional
Panel; and
``(F) Mid-Atlantic Regional Panel.''.
(b) Grant Program for Control and Eradication of Aquatic Invasive
Species.--Subtitle B of the Nonindigenous Aquatic Nuisance Prevention
and Control Act of 1990 (16 U.S.C. 4712 et seq.) is amended by adding
at the end the following:
``SEC. 1105. GRANT PROGRAM FOR CONTROL AND ERADICATION OF AQUATIC
INVASIVE SPECIES.
``(a) In General.--Not later than 1 year after the date of the
enactment of this section, the Task Force, in consultation with the
regional panels, shall establish a grant program to fund research,
development, demonstration, and verification of environmentally sound
and cost-effective technologies, methods, and practices to control and
eradicate aquatic invasive species.
``(b) Purposes.--Proposals funded under the grant program
established under subsection (a) shall--
``(1) support Federal, State, Tribal, regional, or local
officials or nongovernmental organizations in the control and
eradication of aquatic invasive species in an environmentally
sound and cost-effective manner;
``(2) increase the number of environmentally sound and
cost-effective technologies, methods, or practices Federal,
State, Tribal, regional or local officials and nongovernmental
organizations may use to control or eradicate aquatic invasive
species by researching, developing, demonstrating, or verifying
such technologies, methods, or practices;
``(3) provide for the demonstration or dissemination of
such technologies, methods, or practices to potential end-
users; and
``(4) verify that any such technology, method, or practice
meets any appropriate criteria developed for effectiveness,
cost-effectiveness, and environmental soundness established by
the Task Force.
``(c) Merit Review.--The Task Force shall award grants under this
section through a process that is competitive, peer-reviewed, and
merit-based.
``(d) Report.--Not later than 3 years after the date of the
enactment of this section, the Task Force shall submit to Congress a
report regarding the grant program established under subsection (a),
including findings and recommendations with respect to technologies,
methods, and practices described in that subsection.''.
(c) Prevention and Control of Aquatic Nuisance Species Dispersal.--
(1) Aquatic nuisance species task force.--Section 1201 of
the Nonindigenous Aquatic Nuisance Prevention and Control Act
of 1990 (16 U.S.C. 4721) is amended--
(A) in subsection (b)--
(i) in paragraph (9), by striking ``and''
at the end;
(ii) in paragraph (10), by striking the
period at the end and inserting ``; and''; and
(iii) by adding at the end the following:
``(11) 1 representative from each of the regional
panels.'';
(B) in subsection (c)--
(i) by striking ``and'' after ``State
agencies'' and inserting a comma; and
(ii) by inserting ``, and nongovernmental
organizations engaged in monitoring,
prevention, or control of aquatic nuisance
species or other impacts relating to aquatic
nuisance species, including impacts to outdoor
recreation,'' after ``other governmental
entities'';
(C) in subsection (f)--
(i) by striking ``Each Task Force'' and
inserting the following:
``(1) In general.--Each Task Force''; and
(ii) by adding at the end the following:
``(2) National invasive species council.--In addition to
the requirement described in paragraph (1), the Task Force
shall develop a plan to enhance coordination of any action to
carry out this subtitle with the National Invasive Species
Council established by Executive Order 13112 (42 U.S.C. 4321
note; relating to Invasive Species).''; and
(D) by adding at the end the following:
``(h) Details From Other Federal Agencies.--Upon request of the
Task Force, and with the concurrence of the head of the Federal agency
concerned, the head of any Federal agency may detail, on a reimbursable
basis, any of the personnel of such Federal agency to the Task Force to
assist the Task Force in carrying out the duties of the Task Force
under this subtitle.
``(i) Applicability of Federal Advisory Committee Act.--Chapter 10
of title 5, United States Code (commonly known as the `Federal Advisory
Committee Act'), shall not apply to actions of the Task Force.''.
(2) Aquatic nuisance species program.--
(A) In general.--Section 1202 of the Nonindigenous
Aquatic Nuisance Prevention and Control Act of 1990 (16
U.S.C. 4722) is amended--
(i) in subsection (c)(1)--
(I) in subparagraph (B), by
striking ``and'' at the end;
(II) in subparagraph (C), by
striking the period at the end and
inserting a semicolon; and
(III) by adding at the end the
following:
``(D) identification of ecosystems that are
particularly susceptible to invasion by aquatic
invasive species under changing environmental
conditions, which such ecosystems shall be considered
in the development of national and regional management
control plans for aquatic nuisance species under
subparagraph (E); and
``(E) in collaboration with the heads of relevant
Federal agencies and stakeholders, development,
implementation, and periodic updates of national and
regional management control plans for aquatic nuisance
species.'';
(ii) by redesignating subsections (j) and
(k) as subsections (m) and (n), respectively;
and
(iii) by inserting after subsection (i) the
following:
``(j) Study on Federal Laws and Regulations and Other Authorities
Governing Rapid Response Activities.--
``(1) In general.--Not later than 2 years after the date of
the enactment of this subsection, the Task Force, in
consultation with the Secretary, Director, and Under Secretary,
shall conduct a comprehensive study of Federal laws and
regulations and other authorities that govern rapid response
activities.
``(2) Requirements.--In conducting the study required by
paragraph (1), the Task Force shall--
``(A) in coordination with the regional panels and
States, identify Federal laws and regulations and other
authorities that govern rapid response activities or
may impede rapid response activities, including
categorical exclusions, waivers, and other regulatory
exemptions that facilitate rapid response activities;
``(B) review such Federal laws and regulations and
other authorities; and
``(C) recommend changes to such Federal laws and
regulations and other authorities to expedite rapid
response activities, including the creation of such
categorical exclusions, waivers, and other regulatory
exemptions.
``(3) Partnerships.--The Task Force may enter into
partnerships or contracts with members of the Task Force,
regional panels, States, Indian tribes, universities,
nongovernmental organizations, or the National Laboratories of
the Department of Energy to conduct the study required by
paragraph (1).
``(k) Watercraft Inspections and Decontaminations.--
``(1) Definitions.--In this subsection:
``(A) Decontamination.--The term `decontamination'
means an action to remove aquatic invasive species to
prevent the introduction or spread of aquatic invasive
species into aquatic ecosystems in which the aquatic
invasive species is not present or does not have a
large presence.
``(B) Federal land and water.--The term `Federal
land and water' means Federal land and water operated
and maintained by the head of a Federal member of the
Task Force.
``(C) Inspection.--The term `inspection' means an
action to find aquatic invasive species to prevent the
introduction or spread of aquatic invasive species into
aquatic ecosystems in which the aquatic invasive
species is not present or does not have a large
presence.
``(D) Noncontaminated watercraft.--The term
`noncontaminated watercraft' means watercraft that,
prior to entering a body of water, is subject to
inspection or decontamination.
``(E) Watercraft.--The term `watercraft' means any
vessel or other contrivance used or designed for
transportation or navigation on, under, or immediately
above, water.
``(2) In general.--Not later than 2 years after the date of
the enactment of this subsection, the Task Force, in
consultation with the regional panels, shall develop a plan for
the heads of the Federal agencies represented on the Task
Force, in coordination with States, to conduct inspections and
decontaminations of watercraft at stations.
``(3) Requirements.--The plan developed under paragraph (2)
shall include--
``(A) a process for the installation of stations at
boat launches and access points on Federal and non-
Federal waterways and roadside locations along Federal
highways at which to conduct inspections and
decontaminations of watercraft;
``(B) the development of an interagency
certification system to reciprocally recognize
inspections and decontaminations carried out by the
heads of the Federal agencies represented on the Task
Force to minimize disruption, to the maximum extent
practicable, of public access for boating and
recreation in noncontaminated watercraft;
``(C) recommendations for the development of a
penalty structure for noncompliance with inspections
and decontaminations of watercraft carried out by the
heads of Federal agencies represented on the Task
Force;
``(D) an analysis of existing studies and research
on the siting and effectiveness of decontamination
stations, including a plan for recommending and
prioritizing siting of such stations at waterways at
high risk of introduction of an aquatic invasive
species that is not present, or does not have a large
presence, in the waterway;
``(E) recommendations for a process to incentivize
watercraft, engine, accessory, fishing gear, equipment
and trailer manufacturers to develop and adopt new and
innovative designs and models that--
``(i) limit unwanted transfer of aquatic
nuisance species and standing water; and
``(ii) aid in safely expediting watercraft
inspection and decontamination protocols
approved by the regional panels or Task Force;
``(F) recommendations for the siting of user-
operated cleaning stations to supplement
decontamination programs carried out by the heads of
the Federal agencies represented on the Task Force in
coordination with States pursuant to the plan developed
under paragraph (2); and
``(G) measures to ensure that, to the maximum
extent practicable, inspections and decontaminations
carried out pursuant to the plan developed under
paragraph (2) do not limit access for recreational
watercraft to non-Federal lands and waters or Federal
lands and waters.
``(l) Interbasin and Intrabasin Monitoring Program.--
``(1) Establishment.--Not later than 2 years after the date
of the enactment of this subsection, the Task Force, in
coordination with the regional panels and States, shall
establish an interbasin and intrabasin monitoring program.
``(2) Required elements.--The monitoring program
established under paragraph (1) shall--
``(A) track aquatic invasive species moving
through--
``(i) the Chicago Sanitary and Ship Canal;
``(ii) the Champlain Canal;
``(iii) other interbasin waterways; and
``(iv) as recommended by the regional
panels, major river systems, such as the
Mississippi River, in which interbasin
transfers of aquatic invasive species have been
shown to pose a significant threat to fish and
wildlife resources;
``(B) assess the efficacy of dispersal barriers and
other measures in preventing the spread of aquatic
invasive species through waterways; and
``(C) identify waterways suitable for dispersal
barrier demonstration projects, in addition to the
waterways at which dispersal barrier demonstration
projects were carried out before the date of the
enactment of this subsection.
``(3) Reports.--The Task Force shall biennially issue a
report describing the findings of the monitoring program
established under paragraph (1), which shall include a plan to
provide for additional dispersal barrier demonstration projects
and related research projects.''.
(B) Aquatic nuisance species national and regional
management control plans update.--Not later than 5
years after the date of the enactment of this section,
the Aquatic Nuisance Species Task Force established
under section 1201 of the Nonindigenous Aquatic
Nuisance Prevention and Control Act of 1990 (16 U.S.C.
4721), in carrying out the program implemented under
section 1202 of that Act (16 U.S.C. 4722), shall update
each national and regional management control plan for
aquatic nuisance species (as