H.R. 8876

[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 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:

``SEC. 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.''.

SEC. 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.''.
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