[Congressional Bills 107th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3558 Reported in House (RH)]
Union Calendar No. 307
107th CONGRESS
2d Session
H. R. 3558
[Report No. 107-512]
To protect, conserve, and restore native fish, wildlife, and their
natural habitats on Federal lands through cooperative, incentive-based
grants to control, mitigate, and eradicate harmful nonnative species,
and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
December 20, 2001
Mr. Rahall (for himself, Mr. Gilchrest, and Mr. Underwood) introduced
the following bill; which was referred to the Committee on Resources
June 18, 2002
Reported with amendments, committed to the Committee of the Whole House
on the State of the Union, and ordered to be printed
[Strike out all after the enacting clause and insert the part printed
in italic]
[For text of introduced bill, see copy of bill as introduced on
December 20, 2001]
_______________________________________________________________________
A BILL
To protect, conserve, and restore native fish, wildlife, and their
natural habitats on Federal lands through cooperative, incentive-based
grants to control, mitigate, and eradicate harmful nonnative 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 ``Species Protection and Conservation
of the Environment Act''.
SEC. 2. PURPOSE.
The purpose of this Act is to control harmful nonnative species on
Federal lands.
SEC. 3. DEFINITIONS.
For the purposes of this Act:
(1) Appropriate committees.--The term ``appropriate
Committees'' means the Committee on Resources of the House of
Representatives and the Committee on Environment and Public
Works of the Senate.
(2) Control.--The term ``control'' means, as appropriate,
eradicating, suppressing, reducing, or managing harmful
nonnative species populations, preventing the spread of harmful
nonnative species from areas where they are present, and taking
steps to restore native species and habitats to reduce the
effects of harmful nonnative species.
(3) Council.--The term ``Council'' means the National
Invasive Species Council created by Executive Order 13112 of
February 3, 1999.
(4) Environmental soundness.--The term ``environmental
soundness'' means the extent of inclusion of methods, efforts,
actions, or programs to prevent or control infestations of
harmful nonnative species, that--
(A) minimize adverse impacts to the structure and
function of an ecosystem and adverse effects on
nontarget species and ecosystems; and
(B) emphasize integrated management techniques.
(5) Federal lands.--The term ``Federal lands'' means all
lands and waters that are owned and administered by the
Department of the Interior or the National Forest Service or
are held in trust by the Federal Government for an Indian
tribe.
(6) Harmful nonnative species.--The term ``harmful
nonnative species''--
(A) subject to subparagraphs (B) and (C), means,
with respect to a particular ecosystem in a particular
region, any species, including its seeds, eggs, spores,
or other biological material capable of propagating
that species, that is not native to that ecosystem and
has a demonstrable or potentially demonstrable negative
environmental or economic impact in that region;
(B) does not include any plant or plant product
that can directly or indirectly injure or cause damage
to crops (including nursery stock or plant products),
livestock, poultry, or other interests of agriculture;
and
(C) does not include non-feral livestock.
(7) Indian tribe.--The term ``Indian tribe'' has the
meaning given that term in section 4 of the Indian Self-
Determination and Education Assistance Act (25 U.S.C. 450b).
(8) National management plan.--The term ``National
Management Plan'' means the management plan referred to in
section 5 of Executive Order 13112 of February 3, 1999, and
entitled ``Meeting the Invasive Species Challenge''.
(9) Secretary.--The term ``Secretary'' means the Secretary
of the Interior.
(10) State.--The term ``State'' means each of the several
States of the United States, the District of Columbia, the
Commonwealth of Puerto Rico, the Virgin Islands, Guam, American
Samoa, the Commonwealth of the Northern Mariana Islands, any
other territory or possession of the United States, and any
Indian tribe.
SEC. 4. ALDO LEOPOLD NATIVE HERITAGE GRANT PROGRAM.
(a) In General.--The Secretary may provide--
(1) a grant to any eligible applicant to carry out a
qualified control project in accordance with this section; and
(2) a grant to any State to carry out an assessment project
in accordance with this section to assess, consistent with
relevant State plans that have been developed in whole or in
part for the conservation of fish, wildlife, and their
habitats--
(A) the needs to restore, manage, or enhance native
fish or wildlife and their natural habitats and
processes in the State through control of harmful
nonnative species; and
(B) priorities for actions to address such needs.
Such program shall be known as the ``Aldo Leopold Native Heritage Grant
Program''.
(b) Functions of the Secretary.--
(1) In general.--The Secretary shall--
(A) solicit, receive, review, evaluate, and approve
applications for grants under this section;
(B) consult with the Council on the projects
proposed for grants under this section,
including regarding the priority of proposed projects for such grants;
and
(C) consult with the Council regarding the
development of the database required under subsection
(j).
(2) Advice.--To obtain advice regarding proposed grants
under this section, including advice on the scientific merit,
technical merit, and feasibility of a proposed grant, the
Secretary shall consult with the advisory committee established
under section 3(b) of Executive Order 13112 of February 3,
1999.
(3) Delegation of authority.--The Secretary may delegate to
another Federal instrumentality the authority of the Secretary
under this section, other than the authority to approve
applications for grants and make grants.
(c) Functions of the Council.--The Council shall--
(1) consult with the Secretary to create criteria and
guidelines for grants under this section;
(2) consult with the Secretary regarding whether proposed
control projects are qualified control projects; and
(3) carry out functions relating to monitoring control
projects under subsection (j).
(d) Eligible Applicant.--To be an eligible applicant for purposes
of subsection (a)(1), an applicant shall--
(1) be a State, local government, interstate or regional
agency, or private person; and
(2) have adequate personnel, funding, and authority to
carry out and monitor or maintain a control project.
(e) Qualified Control Project.--
(1) In general.--To be a qualified control project under
this section, a project shall--
(A) control harmful nonnative species on the lands
or waters on which it is conducted;
(B) include a plan for monitoring the project area
and maintaining effective control of harmful nonnative
species after the completion of the project, that is
consistent with standards for monitoring developed
under subsection (j);
(C) be conducted in partnership with a Federal
agency; and
(D) be conducted on non-Federal lands or waters
that, for purposes of carrying out the project, are
under the control of the eligible applicant applying
for the grant under this section and on adjacent
Federal lands or waters administered by the Federal
agency referred to in subparagraph (C), that are--
(i) administered for the long-term
conservation of such lands and waters and the
native fish and wildlife dependent thereon; and
(ii) managed to prevent the future
reintroduction or dispersal of harmful
nonnative species from the lands and waters on
which the project is carried out.
(2) Other factors for selection of projects.--In ranking
qualified control projects, the Secretary may consider the
following:
(A) The extent to which a project would address the
operational backlog of the National Wildlife Refuge
System attributed to nonnative species.
(B) Whether a project will encourage increased
coordination and cooperation among one or more Federal
agencies and State or local government agencies or
nongovernmental or other private entities to control
harmful nonnative species.
(C) Whether a project fosters public-private
partnerships and uses Federal resources to encourage
increased private sector involvement, including
consideration of the amount of private funds or in-kind
contributions to control harmful nonnative species.
(D) The extent to which a project would aid the
conservation of species that are listed under the
Endangered Species Act of 1973 (16 U.S.C. 1531 et
seq.).
(E) Whether a project includes pilot testing or a
demonstration of an innovative technology having the
potential for improved cost-effectiveness in
controlling harmful nonnative species.
(f) Distribution of Control Grant Awards.--In making grants for
control projects under this section the Secretary shall, to the
greatest extent practicable, ensure--
(1) a balance of smaller and larger projects conducted with
grants under this section; and
(2) an equitable geographic distribution of projects
carried out with grants under this section, among all States
within which such projects are proposed to be conducted.
(g) Grant Duration.--
(1) In general.--Each grant under this section shall be to
provide funding for the Federal share of the cost of a project
carried out with the grant for up to 2 fiscal years.
(2) Renewal.--(A) If the Secretary, after reviewing the
reports under subsection (h) regarding a control project, finds
that the project is making satisfactory progress, the Secretary
may renew a grant under this section for the project for an
additional 3 fiscal years.
(B) The Secretary may renew a grant under this section to
implement the monitoring and maintenance plan required for a
control project under subsection (e)(1)(B) for up to 5 fiscal
years after the project is otherwise completed.
(h) Reporting by Grantee.--
(1) In general.--(A) A grantee carrying out a control
project with a grant under this section shall report annually
to the Secretary.
(B) A State carrying out assessment project with a grant
under this section shall submit the assessment to the Secretary
no later than 24 months after the grant is awarded.
(2) Report contents.--Each report under this subsection
shall include the following information with respect to each
project covered by the report:
(A) In the case of a control project--
(i) the information described in
subparagraphs (B), (D), and (F) of subsection
(k)(2); and
(ii) specific information on the methods
and techniques used to control harmful
nonnative species in the project area,
including any specific information on the
methods and techniques used to restore native
fish, wildlife, or their habitats in the
project area.
(B) A detailed report of the funding for the grant
and the expenditures made.
(i) Cost Sharing for Projects.--
(1) Federal share.--Except as provided in paragraphs (2)
and (3), the Federal share of the cost of a project carried out
with a grant under this section shall not exceed 75 percent of
such cost.
(2) Innovative technology costs.--The Federal share of the
incremental additional cost of including in a control project
any pilot testing or a demonstration of an innovative
technology described in subsection (e)(2)(E) shall be 85
percent.
(3) Projects on federal lands or waters.--The Federal share
of the cost of the portion of a control project funded with a
grant under this section that is carried out on Federal lands
or waters, including the cost of acquisition by the Federal
Government of inholdings within Federal lands or waters for use
for such a project, shall be 100 percent.
(4) Application of in-kind contributions.--The Secretary
may apply to the non-Federal share of costs of a control
project carried out with a grant under this section the fair
market value of services or any other form of in-kind
contribution to the project made by non-Federal interests that
the Secretary determines to be an appropriate contribution
equivalent to the monetary amount required for the non-Federal
share of the activity.
(5) Derivation of non-federal share.--The non-Federal share
of the cost of a control project carried out with a grant under
this section may not be derived from a Federal grant program or
other Federal funds.
(j) Monitoring and Maintenance of Control Grant Projects.--
(1) Requirements.--The Council, in consultation with the
Secretary, shall develop requirements for the monitoring and
maintenance of a control project to ensure that the
requirements under subsections (e)(1)(A) and (B) are achieved.
(2) Database of grant project information.--The Council
shall develop and maintain an appropriate database of
information concerning control projects carried out with grants
under this subsection, including information on project
techniques, project completion, monitoring data, and other
relevant information.
(3) Use of existing programs.--The Council shall use
existing programs within the Federal Government to create and
maintain the database required under this subsection.
(4) Public availability.--The Council shall make the
information collected and maintained under this subsection
available to the public.
(k) Reporting by Secretary.--
(1) In general.--The Secretary shall, by not later than 2
years after the date of the enactment of this Act and every 2
years thereafter, report to the appropriate Committees on the
implementation of this section.
(2) Report contents.--A report under paragraph (1) shall
include a biennial assessment of--
(A) trends in the population size and distribution
of harmful nonnative species in the project area for
each control project carried out with a grant under
this section, and in the adjacent areas as defined by
the Secretary;
(B) data on the number of acres of native fish and
wildlife habitat restored, protected, or enhanced under
this section, including descriptions of, and partners
involved with, control projects selected, in progress,
and completed under this section with respect to those
acres by Federal, State, and local agencies and other
entities;
(C) trends in the population size and distribution
of native species in the project areas, and in adjacent
areas as defined by the Secretary;
(D) an estimate of the long-term success of varying
conservation techniques used in carrying out control
projects with grants under this section;
(E) an annual assessment of the status of control
projects carried out with grants under this section,
including an accounting of expenditures by Federal,
State, regional, and local government agencies and
other entities to carry out such projects;
(F) a review of the environmental soundness of the
control projects carried out with grants under this
section;
(G) a review of efforts made to maintain an
appropriate database of grants under this section; and
(H) a review of the geographical distribution of
Federal money, matching funds, and in-kind
contributions for control projects carried out with
grants under this section.
(l) Cooperation of Non-Federal Interests.--The Secretary may not
make a grant under this section for a control project on Federal lands
before a non-Federal interest has entered into a written agreement with
the Secretary under which the non-Federal interest agrees to--
(1) monitor and maintain the control project in accordance
with the plan required under subsection (e)(1)(B); and
(2) provide any other items of cooperation the Secretary
considers necessary to carry out the project.
SEC. 5. CREATION OF A RAPID RESPONSE CAPABILITY TO HARMFUL NONNATIVE
SPECIES.
(a) Establishment.--The Secretary may provide financial assistance
to enable a rapid response to outbreaks of harmful nonnative species
that are at a stage at which rapid eradication or control is possible,
and ensure eradication or immediate control of the harmful nonnative
species.
(b) Requirements for Assistance.--The Secretary shall provide
assistance under this section, at the request of the Governor of a
State, to local and State agencies or nongovernmental entities for the
eradication of an immediate harmful nonnative species threat in the
State only if--
(1) there is a demonstrated need for the assistance;
(2) the harmful nonnative species is considered to be an
immediate threat to native fish, wildlife, or their habitats,
as determined by the Secretary; and
(3) the proposed response to such threat--
(A) is technically feasible; and
(B) minimizes adverse impacts to the structure and
function of an ecosystem and adverse effects on non-
target species and ecosystems.
(c) Amount of Financial Assistance.--The Secretary shall determine
the amount of financial assistance to be provided under this section
with respect to an outbreak of a harmful nonnative species, subject to
the availability of appropriations.
(d) Cost Share.--The Federal share of the cost of any activity
carried out with assistance under this section may be up to 100
percent.
(e) Monitoring and Reporting.--The Secretary shall--
(1) require that persons receiving assistance under this
section report on activities carried out with such assistance
in the same manner as control project grantees under section 4;
and
(2) monitor and report on activities carried out with
assistance under this section in accordance with the
requirements that apply with respect to control projects
carried out with assistance under section 4.
SEC. 6. RELATIONSHIP TO OTHER AUTHORITIES.
Nothing in this Act affects authorities, responsibilities,
obligations, or powers of the Secretary under any other statute.
SEC. 7. AUTHORIZATION OF APPROPRIATIONS.
(a) Aldo Leopold Native Heritage Program Grants.--There is
authorized to be appropriated to the Secretary to carry out section 4
$62,000,000 for each of fiscal years 2003 through 2008.
(b) Rapid Response Assistance.--There is authorized to be
appropriated to the Secretary to carry out section 5 $10,000,000 for
each of fiscal years 2003 through 2008.
(c) Monitoring.--There is authorized to be appropriated to the
Secretary to support the Council in its acquisition, maintenance, and
management of monitoring data on grant projects carried out under this
Act, $3,000,000 for each of fiscal years 2003 through 2008.
(d) Continuing Availability.--Amounts appropriated under this Act
may remain available until expended.
(e) Administrative Expenses of Secretary.--Of amounts available
each fiscal year to carry out this Act, the Secretary may expend not
more than 5 percent to pay the administrative expenses necessary to
carry out this Act, including such expenses incurred by the Council.
Amend the title so as to read: ``A bill to control harmful
nonnative species on Federal lands, and for other purposes.''.
Calendar No. 307
107th CONGRESS
2d Session
H. R. 3558
[Report No. 107-512]
_______________________________________________________________________
A BILL
To protect, conserve, and restore native fish, wildlife, and their
natural habitats on Federal lands through cooperative, incentive-based
grants to control, mitigate, and eradicate harmful nonnative species,
and for other purposes.
_______________________________________________________________________
June 18, 2002
Reported with amendments, committed to the Committee of the Whole House
on the State of the Union, and ordered to be printed