[Congressional Bills 108th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2310 Introduced in House (IH)]
108th CONGRESS
1st Session
H. R. 2310
To protect, conserve, and restore native fish, wildlife, and their
natural habitats on Federal lands and non-Federal lands through
cooperative, incentive-based grants to control, mitigate, and eradicate
harmful nonnative species, and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
June 3, 2003
Mr. Rahall (for himself, Ms. Bordallo, Mr. Acevedo-Vila, Mr. George
Miller of California, Ms. Lee, Mr. Case, Mr. Grijalva, Mr. Rodriguez,
Mr. Markey, Mr. Faleomavaega, Mr. Udall of Colorado, Ms. Slaughter, Mr.
Pallone, Mr. Inslee, Mr. Blumenauer, Mr. Abercrombie, Mr. Nadler, and
Mr. Kind) introduced the following bill; which was referred to the
Committee on Resources
_______________________________________________________________________
A BILL
To protect, conserve, and restore native fish, wildlife, and their
natural habitats on Federal lands and non-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 encourage partnerships among public
agencies, Indian tribes, and other interests for the following
objectives:
(1) To protect, enhance, restore, and manage a diversity of
habitats for native fish and wildlife through control of
harmful nonnative species.
(2) To promote the development of voluntary State
assessments to establish priorities for controlling harmful
nonnative species.
(3) To promote greater cooperation among Federal, State,
and local land and water managers, and owners of private land,
water rights, or other interests to implement ecologically
based strategies to eradicate, mitigate, and control harmful
nonnative species through a voluntary and incentive-based
financial assistance grant program.
(4) To establish a rapid response capability to combat
incipient harmful nonnative species invasions.
(5) To establish a National Invasive Species Council.
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 from areas where they are present; taking
steps to detect early infestations on at-risk native habitats;
and restoring native species and habitats to reduce the effects
of harmful nonnative species.
(3) Council.--The term ``Council'' means the National
Invasive Species Council established by section 6(a).
(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 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 subparagraph (B), 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; and
(B) does not include nonferal 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
consistent with relevant State plans that have been developed
in whole or in part for the conservation of native fish,
wildlife, and their habitats, and in accordance with this
section, to--
(A) identify harmful nonnative species that occur
in the State;
(B) assess the needs to restore, manage, or enhance
native fish and wildlife and their natural habitats and
processes in the State;
(C) identify priorities for actions to address such
needs;
(D) identify mechanisms to increase capacity
building in a State or across State lines to conserve
and protect native fish and wildlife and their habitats
and to detect and control harmful nonnative species
within the State; and
(E) incorporate, where applicable, the guidelines
of the National Management Plan.
The grant program under this section shall be known as the ``Aldo
Leopold Native Heritage Grant Program''.
(b) Functions of the Secretary.--
(1) In general.--The Secretary shall--
(A) publish guidelines for and solicit applications
for grants under this section not later than 6 months
after the date of enactment of this Act;
(B) receive, review, evaluate, and approve
applications for grants under this section;
(C) consult with the council on the projects
proposed for grants under this section, including
regarding the priority of proposed projects for such
grants; and
(D) 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 6(f).
(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;
(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; and
(E) encourage public notice and outreach on control
project activities in the affected community.
(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 attributed to harmful nonnative
species on habitats important to native fish and
wildlife throughout any system of Federal lands.
(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) The extent to which a project considers the
potential for unintended consequences of control
methods on ecosystems and includes contingency
measures.
(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 to the
Secretary every 24 months or at the expiration of the grant,
whichever is of shorter duration.
(B) A State carrying out an assessment project with a grant
under this section shall submit the assessment pursuant to
subsection (a)(2) to the Secretary no later than 24 months
after the date on which 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.
(3) Interim update.--Each grantee under subsection
(h)(1)(A) of this Section shall also submit annually a brief
synopsis to the Secretary, either electronically or in writing,
that includes--
(A) a chronological list of project progress; and
(B) use of awarded funds.
(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 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 3
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 and make a one-time
determination of whether the programs should be expanded to
lands and waters that are owned and administered by Federal
agencies other than those referred to in this Act.
(2) Report contents.--A report under paragraph (1) shall
include an 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
for a period of one fiscal year 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. NATIONAL INVASIVE SPECIES COUNCIL.
(a) Establishment.--There is established as an independent entity
within the executive branch the National Invasive Species Council. The
Council shall provide leadership and coordination among Federal
agencies, and between the Federal Government and State and local
governments, with respect to efforts to minimize the economic,
ecological, and human health impacts that harmful nonnative species
cause and reduce the threat of further invasions.
(b) Membership.--
(1) In general.--The Council shall consist of the following
members:
(A) The Secretary of the Interior.
(B) The Secretary of Agriculture.
(C) The Secretary of Commerce.
(D) The Secretary of State.
(E) The Secretary of the Treasury.
(F) The Secretary of Defense.
(G) The Secretary of Transportation.
(H) The Secretary of Health and Human Services.
(I) The Administrator of the Environmental
Protection Agency.
(J) The Administrator of the United States Agency
for International Development.
(K) Such additional members as may be appointed
under paragraph (2).
(2) Additional members.--With the concurrence of a majority
of the members of the Council, the Chair of the Council may
appoint additional members to the Council from among
individuals who are officers or employees of the Federal
Government with significant responsibilities concerning harmful
nonnative species.
(c) Chair.--The Secretary of the Interior shall serve as chair of
the Council for the 3-year period beginning on the date of the
enactment of this Act. Thereafter, the chair shall rotate every 3 years
among the following members, in the order stated:
(1) The Secretary of Commerce.
(2) The Secretary of Agriculture.
(3) The Secretary of the Interior.
(d) Meetings.--The Council shall meet at least semiannually, at the
call of the chair.
(e) Duties.--
(1) In general.--The Council shall ensure that Federal
agency efforts concerning harmful nonnative species are
coordinated, effective, complementary, and cost-efficient.
(2) Specific functions.--To carry out subsection (a) the
Council shall perform the following functions:
(A) Coordinate with existing organizations
addressing harmful nonnative species to implement the
National Management Plan.
(B) Develop recommendations for cooperation among
Federal and State Governments and other nations, when
appropriate, on tools, policies, and methods to prevent
the spread of harmful nonnative species across
political boundaries.
(C) Develop guidelines for Federal agency efforts
to ensure that Federal programs concerning harmful
nonnative species, including outreach programs, are
coordinated with State, local, and tribal governments.
(D) Develop, in consultation with the Council on
Environmental Quality, guidance to Federal agencies
pursuant to the National Environmental Policy Act of
1969 (42 U.S.C. 4321 et seq.) on prevention, control,
and eradication of harmful nonnative species.
(E) Establish and maintain a publicly accessible,
coordinated, up-to-date information sharing system
that--
(i) allows the access to and exchange of
information among Federal agencies and the
public;
(ii) utilizes, to the greatest extent
practicable, the Internet; and
(iii) is consistent with the database
developed under section 4(j)(2).
(F) Ensure that Federal agencies implement the
plans, programs, and policies in the National
Management Plan through appropriate actions, including
working in cooperation with Federal agencies on
development of a coordinated budget pursuant to the
President's annual budget submission to the Congress.
(G) Evaluate Federal programs that are likely to
cause or promote the introduction or spread of harmful
nonnative species in the United States, and recommend
actions Federal agencies can take to minimize the risk
of introductions or further spread of harmful nonnative
species.
(f) Invasive Species Advisory Committee.--
(1) In general.--The Council shall have an advisory
committee to provide information and advice for consideration
by the Council, which shall be known as the Invasive Species
Advisory Committee. Except as otherwise provided in this
section, the advisory committee shall be organized, perform the
functions, and have the authorities specified in the charter
for such advisory committee signed by the Secretary of the
Interior on October 30, 2001.
(2) Appointment.--Members of the advisory committee shall
be appointed by the chair of the Council, after consultation
with the other members of the Council, from among individuals
representing stakeholders with respect to Federal programs for
minimizing the economic, ecological, and human health impacts
that harmful nonnative species cause.
(3) Functions.--In addition to the functions specified in
the charter referred to in paragraph (1), the advisory
committee shall recommend to the Council plans and actions at
local, tribal, State, regional, and ecosystem-based levels to
achieve the goals of the National Management Plan.
(4) Continuing operation of existing committee.--Any
advisory committee appointed before the date of the enactment
of this Act pursuant to the charter referred to in paragraph
(1) may continue in effect under this section.
SEC. 7. RELATIONSHIP TO OTHER AUTHORITIES.
Nothing in this Act affects authorities, responsibilities,
obligations, or powers of the Secretary under any other statute.
SEC. 8. BUDGET CROSSCUT.
The Director of the Office of Management and Budget shall prepare
and submit to the Congress, after consultation with the Council, by not
later than March 31 of 2004 and of each year thereafter--
(1) a comprehensive budget analysis and summary of all
Federal programs relating to invasive species; and
(2) an annual list of priorities, ranked in high, medium,
and low categories, of Federal efforts and programs in the
following areas:
(A) Early detection and rapid response.
(B) Control, management, and restoration.
(C) Research and monitoring.
(D) Information management.
(E) Public outreach and partnership efforts.
SEC. 9. AUTHORIZATION OF APPROPRIATIONS.
(a) Aldo Leopold Native Heritage Program Grants.--There is
authorized to be appropriated to the Secretary to carry out section 4--
(1) $55,000,000 for fiscal year 2004;
(2) $57,500,000 for fiscal year 2005;
(3) $60,000,000 for fiscal year 2006;
(4) $62,500,000 for fiscal year 2007; and
(5) $65,000,000 for fiscal year 2008.
(b) Rapid Response Assistance.--There is authorized to be
appropriated to the Secretary to carry out section 5 $20,000,000 for
each of fiscal years 2004 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--
(1) $3,000,000 for fiscal year 2004;
(2) $4,000,000 for fiscal year 2005;
(3) $5,000,000 for fiscal year 2006;
(4) $6,000,000 for fiscal year 2007; and
(5) $7,000,000 for fiscal year 2008.-
(d) National Invasive Species Council and Advisory Committee.--
There is authorized to be appropriated to carry out section 6
$2,000,000 for each of fiscal years 2004 through 2008.
(e) Continuing Availability.--Amounts appropriated under this Act
may remain available until expended.
(f) 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.
<all>