H.R. 8876

119 HR 8876 IH: Aquatic Invasive Species Control and Prevention Act of 2026
 U.S. House of Representatives
 2026-05-19
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 I  119th CONGRESS  2d Session  H. R. 8876  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.
1.
Short title
This Act may be cited as the   Aquatic Invasive Species Control and Prevention Act of 2026  .
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:
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 that term is defined in section 1003 of that Act ( 16 U.S.C. 4702 )) to incorporate novel and proven practices for the prevention, monitoring, and control of aquatic nuisance species, including best practices submitted by participating Federal, State, and Tribal agencies and researchers.
(3)
Aquatic nuisance species management plans
Section 1204 of the Nonindigenous Aquatic Nuisance Prevention and Control Act of 1990 ( 16 U.S.C. 4724 ) is amended by adding at the end the following:
(d)
Interstate and regional coordination
The Director, in coordination with the Task Force, shall facilitate and encourage regional and interstate coordination with respect to the implementation of the comprehensive aquatic nuisance species management plans and public facility management plans developed under this section.
 .
(4)
Rapid response activities grant program
Subtitle C of the Nonindigenous Aquatic Nuisance Prevention and Control Act of 1990 ( 16 U.S.C. 4721 et seq. ) is amended by adding at the end the following:
1210.
Rapid response activities grant program
(a)
In general
The Task Force shall establish a competitive, merit-based grant program to award amounts to eligible entities to carry out eligible activities.
(b)
Identification of aquatic invasive species
In awarding amounts under the grant program established under subsection (a), the Task Force may only award amounts to an eligible entity to carry out an eligible activity if the Task Force determines the eligible entity has confirmed identification of the aquatic invasive species that is the subject of the eligible activity.
(c)
Definitions
In this section:
(1)
Eligible activity
The term  eligible activity  means each of the following activities:
(A)
The implementation of an action that supports or leads to the eradication of an aquatic invasive species.
(B)
Determining the spatial extent and abundance of an isolated aquatic invasive species population.
(C)
Analyzing and assessing potential response measures with respect to the eradication or containment of an aquatic invasive species.
(D)
Developing measures to contain a population of an aquatic invasive species during an assessment of the aquatic invasive species or while a long-term response plan for the aquatic invasive species is formulated.
(E)
Monitoring the population of an aquatic invasive species and the effectiveness of response measures applied with respect to the population.
(2)
Eligible entity
The term  eligible entity  means—
(A)
an entity participating in a Federal program other than the grant program established under subsection (a);
(B)
an interstate organization;
(C)
a State or political subdivision thereof;
(D)
an Indian tribe;
(E)
a university; and
(F)
a nongovernmental organization engaged in activities related to the prevention and control of aquatic invasive species.
 .
(d)
Authorization of appropriations
Section 1301 of the Nonindigenous Aquatic Nuisance Prevention and Control Act of 1990 ( 16 U.S.C. 4741 ) is amended—
(1)
in subsection (b), to read as follows:
(b)
Task Force and Aquatic Nuisance Species Program
There are authorized to be appropriated—
(1)
to the Director to carry out the program established under section 1202(a) $10,000,000 for each of fiscal years 2026 through 2031;
(2)
to the Director to carry out subsection 1202(l) $3,000,000 for each of fiscal years 2026 through 2031;
(3)
to the Director to award grants under section 1210 $5,000,000 for each of fiscal years 2026 through 2031; and
(4)
to the Director to fund regional panels under section 1203 $1,500,000 for each of fiscal years 2026 through 2031.
 ;
(2)
in subsection (c), to read as follows:
(c)
Grants for State Management Programs
There are authorized to be appropriated to the Director to award grants under section 1204 $20,000,000 for each of fiscal years 2026 through 2031.
 ; and
(3)
by adding at the end the following:
(g)
Technology development demonstration and verification grant program
There is authorized to be appropriated to the Director to carry out the program established under section 1105(a) $10,000,000 for each of fiscal years 2026 through 2031.
 .
3.
Use of grant awards under coastal aquatic invasive species mitigation grant program to encourage installation of certain ballast water management systems
Section 903(f)(2)(C)(i) of the Frank LoBiondo Coast Guard Authorization Act of 2018 ( 16 U.S.C. 4729(2)(C)(i) ) is amended—
(1)
in subclause (IV), by striking  ; or  and inserting a semicolon;
(2)
in subclause (V), by striking the period at the end and inserting  ; or ; and
(3)
by adding at the end the following:
(VI)
to encourage the installation, use, or maintenance of ballast water management systems that conform to or exceed the standards of, and regulations imposed under, international maritime agreements.
  .