[Congressional Bills 108th Congress]
[From the U.S. Government Printing Office]
[S. 2598 Introduced in Senate (IS)]
108th CONGRESS
2d Session
S. 2598
To protect, conserve, and restore public land administered by the
Department of the Interior or the Forest Service and adjacent land
through cooperative cost-shared grants to control and mitigate the
spread of invasive species, and for other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
June 24, 2004
Mr. Akaka (for himself, Mr. Lautenberg, Mr. Levin, Mrs. Feinstein, Mr.
Wyden, and Mr. Inouye) introduced the following bill; which was read
twice and referred to the Committee on Energy and Natural Resources
_______________________________________________________________________
A BILL
To protect, conserve, and restore public land administered by the
Department of the Interior or the Forest Service and adjacent land
through cooperative cost-shared grants to control and mitigate the
spread of invasive 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 ``Public Land Protection and
Conservation Act of 2004''.
SEC. 2. PURPOSE.
The purpose of this Act is to encourage partnerships among Federal,
State, and local agencies, nongovernmental entities, and Indian tribes
to protect, enhance, restore, and manage public land and adjacent land
through the control of invasive species by--
(1) promoting the development of voluntary State
assessments to establish priorities for controlling invasive
species;
(2) promoting greater cooperation among Federal, State, and
local land and water managers and owners of private land or
other interests to implement strategies to control and mitigate
the spread of invasive species through a voluntary and
incentive-based financial assistance grant program;
(3) establishing a rapid response capability to combat
incipient invasive species invasions; and
(4) modifying the requirements applicable to the National
Invasive Species Council.
SEC. 3. DEFINITIONS.
In this Act:
(1) Control.--The term ``control'' means--
(A) eradicating, suppressing, reducing, or managing
invasive species in areas in which the species are
present;
(B) taking steps to detect early infestations of
invasive species on Public land and adjacent land that
is at risk of being infested; and
(C) restoring native ecosystems to reverse or
reduce the impacts of invasive species.
(2) Council.--The term ``Council'' means the National
Invasive Species Council established by section 3 of Executive
Order No. 13112 (64 Fed. Reg. 6184).
(3) Indian tribe.--The term ``Indian tribe'' has the
meaning given the term in section 4 of the Indian Self-
Determination and Education Assistance Act (25 U.S.C. 450b).
(4) Invasive species.--The term ``invasive species'' means,
with respect to a particular ecosystem, any animal, plant, or
other organism (including biological material of the animal,
plant, or other organism that is capable of propagating the
species)--
(A) that is not native to the ecosystem; and
(B) the introduction of which causes or is likely
to cause economic harm, environmental harm, or harm to
human health.
(5) National management plan.--The term ``National
Management Plan'' means the management plan referred to in
section 5 of Executive Order No. 13112 (64 Fed. Reg. 6185) and
entitled ``Meeting the Invasive Species Challenge''.
(6) Public land.--The term ``Public land'' means all land
and water that is--
(A) owned by, or under the jurisdiction of, the
United States; and
(B) administered by the Department of the Interior
or the Forest Service.
(7) Secretary.--The term ``Secretary'' means the Secretary
of the Interior.
(8) State.--The term ``State'' means--
(A) a State of the United States;
(B) the District of Columbia;
(C) the Commonwealths of Puerto Rico and the
Northern Mariana Islands;
(D) the Territories of American Samoa, Guam, and
the Virgin Islands;
(E) the Federated States of Micronesia;
(F) the Republic of the Marshall Islands; and
(G) the Republic of Palau.
SEC. 4. NATIVE HERITAGE ASSESSMENT AND CONTROL GRANT PROGRAM.
(a) Assessment Grants.--The Secretary may provide to a State a
grant to carry out an assessment project consistent with relevant
invasive species management plans of the State to--
(1) identify invasive species that occur in the State;
(2) survey the extent of invasive species in the State;
(3) assess the needs to restore, manage, or enhance native
ecosystems in the State;
(4) identify priorities for actions to address those needs;
(5) incorporate, as applicable, the guidelines of the
National Management Plan; and
(6) identify methods to--
(A) control or detect incipient infestations of
invasive species in the State; or
(B) control or assess established populations of
invasive species in the State.
(b) Control Grants.--
(1) In general.--The Secretary may provide grants to
appropriate public or private entities and Indian tribes to
carry out, in partnership with a Federal agency, control
projects for the management or eradication of invasive species
on Public land or adjacent land that--
(A) include plans for--
(i) monitoring the project areas; and
(ii) maintaining effective control of
invasive species after the completion of the
projects, including through the conduct of
restoration activities;
(B) in the case of a project on adjacent land, are
carried out with the consent of the owner of the
adjacent land; and
(C) provide public notice to, and conduct outreach
activities relating to the control projects in,
communities in which control projects are carried out.
(2) Priority.--In prioritizing grants for control projects,
the Secretary shall consider--
(A) the extent to which a project would address--
(i) the priorities of a State for invasive
species control; and
(ii) the priorities for invasive species
management on Public land, such as the
priorities for management on National Park
System and National Forest System land;
(B) the estimated number of, or extent of
infestation by, invasive species in the State;
(C) whether a project would encourage increased
coordination and cooperation among 1 or more Federal
agencies and State or local government agencies to
control invasive species;
(D) whether a project--
(i) fosters public-private partnerships;
and
(ii) uses Federal resources to encourage
increased private sector involvement, including
the provision of private funds or in-kind
contributions;
(E) the extent to which a project would aid the
conservation of species included on Federal or State
lists of threatened or endangered species;
(F) whether a project includes pilot testing or a
demonstration of an innovative technology that has the
potential to improve the cost-effectiveness of
controlling invasive species; and
(G) the extent to which a project--
(i) considers the potential for unintended
consequences of control methods on native
species; and
(ii) includes contingency measures to
address the unintended consequences.
(c) Duties of the Secretary.--The Secretary shall--
(1) not later than 180 days after the date on which funds
are made available to carry out this Act, publish guidelines
and solicit applications for grants under this section;
(2) not later than 1 year after the date on which funds are
made available to carry out this Act, evaluate and approve or
disapprove applications for grants submitted under this
section;
(3) consult with the Council on--
(A) any projects proposed for grants under this
section, including the priority of proposed projects
for the grants; and
(B) providing a definition of the term ``adjacent
land'' for purposes of the control grant program under
subsection (b);
(4) consult with the advisory committee established under
section 3(b) of Executive Order No. 13112 (64 Fed. Reg. 6184)
on projects proposed for a grant under this section, including
the scientific merit, technical merit, and feasibility of a
proposed project; and
(5) if a project is conducted on National Forest System
land, consult with the Secretary of Agriculture.
(d) Grant Duration.--
(1) In general.--Except as provided in paragraph (2), a
grant under this section shall provide funding for the Federal
share of the cost of a project for not more than 2 fiscal
years.
(2) Renewal of control projects.--
(A) In general.--If the Secretary, after reviewing
the reports submitted under subsection (f) with respect
to a control project, finds that the project is making
satisfactory progress, the Secretary may renew a grant
under this section for an additional 3 fiscal years.
(B) Implementation of monitoring and maintenance
plan.--The Secretary may renew a grant under this
section to implement the monitoring and maintenance
plan required for a control project under subsection
(b) for not more than 10 years after the project is
otherwise complete.
(e) Distribution of Control Grant Awards.--In making grants for
control projects under subsection (b), the Secretary shall, to the
maximum extent practicable, ensure that--
(1) at least 50 percent of control project funds are spent
on land adjacent to Public land; and
(2) there is a balance of smaller and larger control
projects conducted with grants under that subsection.
(f) Reporting by Grant Recipient.--
(1) Assessment projects.--Not later than 2 years after the
date on which a grant is provided under subsection (a), a grant
recipient carrying out an assessment project shall submit to
the Secretary and the Governor of the State in which the
assessment project is carried out a report on the assessment
project.
(2) Control projects.--A grant recipient carrying out a
control project under subsection (b) shall submit to the
Secretary--
(A) an annual synopsis of the control project; and
(B) a report on the control project not later than
the earlier of--
(i) at least once every 2 years; or
(ii) the date on which the grant expires.
(3) Contents.--A report submitted under this subsection
shall include--
(A) a detailed accounting of--
(i) the funding made available for the
project; and
(ii) any expenditures made for the project;
and
(B) with respect to a control project--
(i) a chronological list of any progress
made with respect to the project;
(ii) specific information on the methods
and techniques used to control invasive species
in the project area;
(iii) trends in the population size and
distribution of invasive species in the project
area; and
(iv) the number of acres of the native
ecosystem protected or restored.
(g) Cost-Sharing Requirement.--
(1) Projects on adjacent land.--
(A) In general.--Except as provided in subparagraph
(B), the Federal share of the cost of a control project
carried out on adjacent land shall be not more than 75
percent.
(B) Certain control projects.--The Federal share of
a control project carried out on adjacent land that
uses pilot testing, demonstrates an innovative
technology, or provides for the conservation of
threatened or endangered species shall be 85 percent.
(2) Projects on public land.--The Federal share of the cost
of the portion of a control project that is carried out on
Public land shall be 100 percent.
(3) Application of in-kind contributions.--The Secretary
may apply to the non-Federal share of the costs of a control
project the fair market value of services or any other form of
in-kind contribution to the project made by a non-Federal
entity.
(4) 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.
(h) Reporting by Secretary.--
(1) In general.--Not later than 3 years after the date of
enactment of this Act and every 2 years thereafter, the
Secretary shall submit to Congress a report that--
(A) describes the implementation of this section;
and
(B) includes a determination whether the grants
authorized under subsections (a) and (b) should be
expanded to land and water that are owned and
administered by Federal agencies other than the
Department of the Interior or the Forest Service.
(2) Contents.--A report under paragraph (1) shall include a
review of control projects, including--
(A) a list of control projects selected, in
progress, and completed;
(B) an assessment of project impacts, including--
(i) areas treated; and
(ii)(I) if feasible, a measurement of
invasive species eradicated; or
(II) an estimate of the extent to which
invasive species have been reduced or
contained;
(C) the success and failure of control techniques
used;
(D) an accounting of expenditures by Federal,
State, regional, and local government agencies and
other entities to carry out the projects;
(E) a review of efforts made to maintain an
appropriate database of projects assisted under this
section; and
(F) a review of the geographical distribution of
Federal funds, matching funds, and in-kind
contributions provided for projects.
SEC. 5. RAPID RESPONSE ASSISTANCE.
(a) In General.--The Secretary may provide financial assistance to
States, local governments, public or private entities, and Indian
tribes for a period of 1 fiscal year to enable States, local
governments, nongovernmental entities, and Indian tribes to rapidly
respond to outbreaks of invasive species that are at a stage at which
rapid eradication or control is possible.
(b) Requirements for Assistance.--The Secretary shall--
(1) at the request of the Governor of a State--
(A) provide assistance under this section to the
State, a local government, public or private entity, or
Indian tribe for the eradication of an immediate invasive species
threat in the State if--
(i) there is a demonstrated need for the
assistance;
(ii) the invasive species is considered to
be an immediate threat to native ecosystems,
human health, or the economy, as determined by
the Secretary; and
(iii) the proposed response of the State,
local government, public or private entity, or
Indian tribe to the threat--
(I) is technically feasible; and
(II) minimizes adverse impacts to
native ecosystems and non-target
species; or
(B) if the requirements under subparagraph (A) are
not met, submit to the Governor of the State, not later
than 30 days after the date on which the Secretary
received the request, written notice that the State is
not eligible for assistance under this section;
(2) determine the amount of financial assistance to be
provided under this section, subject to the availability of
appropriations, with respect to an outbreak of an invasive
species;
(3) require that entities receiving assistance under this
section monitor and report on activities carried out with such
assistance in the same manner that control project grant
recipients monitor and report on such activities; and
(4) expedite environmental and regulatory reviews to ensure
that an outbreak of invasive species can be addressed within
the 180-day period beginning on the date on which the State
notifies the Secretary of the outbreak.
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. BUDGET CROSSCUT.
Not later than March 31, 2005, and each year thereafter, the
Director of the Office of Management and Budget, in consultation with
the Council, shall submit to Congress--
(1) a comprehensive budget analysis and summary of Federal
programs relating to invasive species; and
(2) a list of general priorities, ranked in high, medium,
and low categories, of Federal efforts and programs in--
(A) prevention;
(B) early detection and rapid response;
(C) eradication, control, management, and
restoration;
(D) research and monitoring;
(E) information management; and
(F) public outreach and partnership efforts.
SEC. 8. AUTHORIZATION OF APPROPRIATIONS.
(a) Assessment Grants.--There are authorized to be appropriated to
the Secretary to carry out assessment projects under section 4(a)--
(1) $25,000,000 for fiscal year 2005; and
(2) such sums as are necessary for each of fiscal years
2006 through 2009.
(b) Control Grants.--There are authorized to be appropriated to the
Secretary to carry out control projects under section 4(b)--
(1) $175,000,000 for fiscal year 2005; and
(2) such sums as are necessary for each of fiscal years
2006 through 2009.
(c) Rapid Response Assistance.--There are authorized to be
appropriated to the Secretary to carry out section 5--
(1) $50,000,000 for fiscal year 2005; and
(2) such sums as are necessary for each of fiscal years
2006 through 2009.
(d) Continuing Availability.--Amounts made available under this
section shall remain available until expended.
(e) Administrative Expenses of Secretary.--Of amounts made
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>