CHAPTER 100—NUTRIA ERADICATION AND CONTROL
8101.
Findings and purposes.
8102.
Nutria eradication program.
§8101. Findings and purposes
(a) Findings
The Congress finds the following:
(1) Wetlands, tidal marshes, and agricultural lands provide significant cultural, economic, and ecological benefits to the Nation.
(2) The South American nutria (Myocastor coypus) is directly contributing to substantial marsh loss on Federal, State, and private land.
(3) Traditional harvest methods to control or eradicate nutria have failed. Consequently, marsh loss, loss of public and private wetlands, and loss of agricultural lands are accelerating.
(4) The nutria eradication and control pilot program authorized by Public Law 105–322 is to develop new and effective methods for eradication of nutria.
(b) Purpose
The purpose of this chapter is to authorize the Secretary of the Interior to provide financial assistance to any State that has demonstrated the need for a program to implement measures to eradicate or control nutria and restore marshland damaged by nutria.
(Pub. L. 108–16, §2, Apr. 23, 2003, 117 Stat. 621; Pub. L. 116–186, §1(1), Oct. 30, 2020, 134 Stat. 901.)
Editorial Notes
References in Text
Public Law 105–322, referred to in subsec. (a)(4), is Pub. L. 105–322, Oct. 30, 1998, 112 Stat. 3027, which is not classified to the Code.
This chapter, referred to in subsec. (b), was in the original "this Act", meaning Pub. L. 108–16, Apr. 23, 2003, 117 Stat. 621, known as the Nutria Eradication and Control Act of 2003, which is classified principally to this chapter. For complete classification of this Act to the Code, see Short Title note below and Tables.
Amendments
2020—Subsec. (a)(1). Pub. L. 116–186, §1(1)(A)(i), substituted "Wetlands, tidal marshes, and agricultural lands" for "Wetlands and tidal marshes of the Chesapeake Bay and in Louisiana".
Subsec. (a)(2). Pub. L. 116–186, §1(1)(A)(ii), struck out "in Maryland and Louisiana" after "substantial marsh loss".
Subsec. (a)(3). Pub. L. 116–186, §1(1)(A)(iii), amended par. (3) generally. Prior to amendment, par. (3) read as follows: "Traditional harvest methods to control or eradicate nutria have failed in Maryland and have had limited success in the eradication of nutria in Louisiana. Consequently, marsh loss is accelerating."
Subsec. (b). Pub. L. 116–186, §1(1)(B), substituted "any State that has demonstrated the need" for "the State of Maryland and the State of Louisiana".
Statutory Notes and Related Subsidiaries
Short Title
Pub. L. 108–16, §1, Apr. 23, 2003, 117 Stat. 621, provided that: "This Act [enacting this chapter] may be cited as the 'Nutria Eradication and Control Act of 2003'."
§8102. Nutria eradication program
(a) Grant authority
The Secretary of the Interior (referred to in this chapter as the "Secretary"),1 may provide financial assistance to a State, in an amount that is in proportion to the total impacted area of such State affected by nutria, that has demonstrated to the Secretary sufficient need for a program to implement measures to eradicate or control nutria and restore marshland, public and private wetlands, and agricultural lands damaged by nutria.
(b) Activities
In the State of Maryland, the Secretary shall require that the program consist of management, research, and public education activities carried out in accordance with the document published by the United States Fish and Wildlife Service entitled "Eradication Strategies for Nutria in the Chesapeake and Delaware Bay Watersheds", dated March 2002.
(c) Cost sharing
(1) Federal share
The Federal share of the costs of a State program referred to in subsection (a) may not exceed 75 percent of the total costs of the program.
(2) In-kind contributions
The non-Federal share of the costs of a State program referred to in subsection (a) may be provided in the form of in-kind contributions of materials or services.
(d) Limitation on administrative expenses
Not more than 5 percent of financial assistance provided to a State by the Secretary under this section may be used for administrative expenses.
(e) Authorization of appropriations
For financial assistance under this section, there is authorized to be appropriated to the Secretary $12,000,000 for each of fiscal years 2021 through 2025.
(Pub. L. 108–16, §3, Apr. 23, 2003, 117 Stat. 621; Pub. L. 116–186, §1(2), Oct. 30, 2020, 134 Stat. 901.)
Editorial Notes
References in Text
This chapter, referred to in subsec. (a), was in the original "this Act", meaning Pub. L. 108–16, Apr. 23, 2003, 117 Stat. 621, known as the Nutria Eradication and Control Act of 2003, which is classified principally to this chapter. For complete classification of this Act to the Code, see Short Title note set out under section 8101 of this title and Tables.
Amendments
2020—Subsec. (a). Pub. L. 116–186, §1(2)(A), amended subsec. (a) generally. Prior to amendment, text read as follows: "The Secretary of the Interior (in this chapter referred to as the 'Secretary'), subject to the availability of appropriations, may provide financial assistance to the State of Maryland and the State of Louisiana for a program to implement measures to eradicate or control nutria and restore marshland damaged by nutria."
Subsecs. (b), (c). Pub. L. 116–186, §1(2)(B), (F), redesignated subsecs. (c) and (d) as (b) and (c), respectively, and struck out former subsec. (b) which related to goals of the program.
Subsec. (d). Pub. L. 116–186, §1(2)(F), redesignated subsec. (e) as (d). Former subsec. (d) redesignated (c).
Subsec. (d)(1). Pub. L. 116–186, §1(2)(C)(i), substituted "a State program referred to in subsection (a) may" for "the program may".
Subsec. (d)(2). Pub. L. 116–186, §1(2)(C)(ii), substituted "a State program referred to in subsection (a) may" for "the program may".
Subsec. (e). Pub. L. 116–186, §1(2)(F), redesignated subsec. (f) as (e). Former subsec. (e) redesignated (d).
Pub. L. 116–186, §1(2)(D), inserted "to a State" after "provided".
Subsec. (f). Pub. L. 116–186, §1(2)(F), redesignated subsec. (f) as (e).
Pub. L. 116–186, §1(2)(E), substituted "$12,000,000 for each of fiscal years 2021 through 2025." for "$4,000,000 for the State of Maryland program and $2,000,000 for the State of Louisiana program for each of fiscal years 2004, 2005, 2006, 2007, and 2008."