[United States Statutes at Large, Volume 118, 108th Congress, 2nd Session]
[From the U.S. Government Printing Office, www.gpo.gov]

118 STAT. 2221

Public Law 108-384
108th Congress

An Act


 
To provide for the control and eradication of the brown tree snake on
the island of Guam and the prevention of the introduction of the brown
tree snake to other areas of the United States, and for other
purposes. NOTE: Oct. 30, 2004 -  [H.R. 3479]

Be it enacted by the Senate and House of Representatives of the
United States of America in NOTE: Brown Tree Snake Control and
Eradication Act of 2004. Congress assembled,

SECTION 1. NOTE: 7 USC 8501 note. SHORT TITLE.

This Act may be cited as the ``Brown Tree Snake Control and
Eradication Act of 2004''.

SEC. 2. NOTE: 7 USC 8501. DEFINITIONS.

In this Act:
(1) Brown tree snake.--The term ``brown tree snake'' means
the species of the snake Boiga irregularis.
(2) Compact of free association.--The term ``Compact of Free
Association'' means the Compacts of Free Association entered
into between the United States and the governments of the
Federated States of Micronesia and the Republic of the Marshall
Islands, as approved by and contained in Public Law 108-188 (117
Stat. 2720; 48 U.S.C. 1921 et seq.), and the Compact of Free
Association entered into between the United States and the
government of the Republic of Palau, as approved by and
contained in Public Law 99-658 (100 Stat. 3673; 48 U.S.C. 1931
et seq.).
(3) Freely associated states.--The term ``Freely Associated
States'' means the Republic of Palau, the Federated States of
Micronesia, and the Republic of the Marshall Islands.
(4) Introduction.--The terms ``introduce'' and
``introduction'' refer to the expansion of the brown tree snake
outside of the range where this species is endemic.
(5) Secretary.--The term ``Secretary concerned'' means--
(A) the Secretary of the Interior, with respect to
matters under the jurisdiction of the Department of the
Interior; and
(B) the Secretary of Agriculture, with respect to
matters under the jurisdiction of the Department of
Agriculture.
(6) Secretaries.--The term ``Secretaries'' means both the
Secretary of the Interior and the Secretary of Agriculture.
(7) Technical working group.--The term ``Technical Working
Group'' means Brown Tree Snake Technical Working Group
established under the authority of section 1209 of the
Nonindigenous Aquatic Nuisance Prevention and Control Act of
1990 (16 U.S.C. 4728).


[[Page 2222]]
118 STAT. 2222

(8) Territorial.--The term ``territorial'', when used to
refer to a government, means the Government of Guam, the
Government of American Samoa, and the Government of the
Commonwealth of the Northern Mariana Islands, as well as
autonomous agencies and instrumentalities of such a government.
(9) United states.--The term ``United States'', when used in
the geographic sense, means the several States, the District of
Colombia, American Samoa, Guam, the Commonwealth of the Northern
Mariana Islands, the Commonwealth of Puerto Rico, the United
States Virgin Islands, any other possession of the United
States, and any waters within the jurisdiction of the United
States.

SEC. 3. NOTE: 7 USC 8502. SENSE OF CONGRESS REGARDING NEED FOR
IMPROVED AND BETTER COORDINATED FEDERAL POLICY FOR BROWN
TREE SNAKE INTRODUCTION, CONTROL, AND ERADICATION.

It is the sense of Congress that there exists a need for improved
and better coordinated control, interdiction, research, and eradication
of the brown tree snake on the part of the United States and other
interested parties.

SEC. 4. NOTE: 7 USC 8503. BROWN TREE SNAKE CONTROL, INTERDICTION,
RESEARCH AND ERADICATION.

(a) Funding Authority.--Subject to the availability of
appropriations to carry out this section, the Secretaries shall provide
funds to support brown tree snake control, interdiction, research, and
eradication efforts carried out by the Department of the Interior and
the Department of Agriculture, other Federal agencies, States,
territorial governments, local governments, and private sector entities.
Funds may be provided through grants, contracts, reimbursable
agreements, or other legal mechanisms available to the Secretaries for
the transfer of Federal funds.
(b) Authorized Activities.--Brown tree snake control, interdiction,
research, and eradication efforts authorized by this section shall
include at a minimum the following:
(1) Expansion of science-based eradication and control
programs in Guam to reduce the undesirable impact of the brown
tree snake in Guam and reduce the risk of the introduction or
spread of any brown tree snake to areas in the United States and
the Freely Associated States in which the brown tree snake is
not established.
(2) Expansion of interagency and intergovernmental rapid
response teams in Guam, the Commonwealth of the Northern Mariana
Islands, Hawaii, and the Freely Associated States to assist the
governments of such areas with detecting the brown tree snake
and incipient brown tree snake populations.
(3) Expansion of efforts to protect and restore native
wildlife in Guam or elsewhere in the United States damaged by
the brown tree snake.
(4) Establishment and sustained funding for an Animal Plant
and Health Inspection Service, Wildlife Services, Operations
Program State Office located in Hawaii dedicated to vertebrate
pest management in Hawaii and United States Pacific territories
and possessions. Concurrently, the Animal


[[Page 2223]]
118 STAT. 2223

Plant and Health Inspection Service, Wildlife Services
Operations Program shall establish and sustain funding for a
District Office in Guam dedicated to brown tree snake control
and managed by the Hawaii State Office.
(5) Continuation, expansion, and provision of sustained
research funding related to the brown tree snake, including
research conducted at institutions located in areas affected by
the brown tree snake.
(6) Continuation, expansion, and provision of sustained
research funding for the Animal Plant and Health Inspection
Service, Wildlife Services, National Wildlife Research Center of
the Department of Agriculture related to the brown tree snake,
including the establishment of a field station in Guam related
to the control and eradication of the brown tree snake.
(7) Continuation, expansion, and provision of sustained
research funding for the Fort Collins Science Center of the
United States Geological Survey related to the brown tree snake,
including the establishment of a field station in Guam related
to the control and eradication of the brown tree snake.
(8) Expansion of long-term research into chemical,
biological, and other control techniques that could lead to
large-scale reduction of brown tree snake populations in Guam or
other areas where the brown tree snake might become established.
(9) Expansion of short, medium, and long-term research,
funded by all Federal agencies interested in or affected by the
brown tree snake, into interdiction, detection, and early
control of the brown tree snake.
(10) Provision of planning assistance for the construction
or renovation of centralized multi-agency facilities in Guam to
support Federal, State, and territorial brown tree snake
control, interdiction, research and eradication efforts,
including office space, laboratory space, animal holding
facilities, and snake detector dog kennels.
(11) Provision of technical assistance to the Freely
Associated States on matters related to the brown tree snake
through the mechanisms contained within a Compact of Free
Association dealing with environmental, quarantine, economic,
and human health issues.

(c) Authorization of Appropriations.--There is authorized to be
appropriated to the Secretaries to carry out this section (other than
subsection (b)(10)) the following amounts:
(1) For activities conducted through the Animal and Plant
Health Inspection Service, Wildlife Services, Operations, not
more than $2,600,000 for each of the fiscal years 2006 through
2010.
(2) For activities conducted through the Animal and Plant
Health Inspection Service, Wildlife Services, National Wildlife
Research Center, Methods Development, not more than $1,500,000
for each of the fiscal years 2006 through 2010.
(3) For activities conducted through the Office of Insular
Affairs, not more than $3,000,000 for each of the fiscal years
2006 through 2010.
(4) For activities conducted through the Fish and Wildlife
Service, not more than $2,000,000 for each of the fiscal years
2006 through 2010.


[[Page 2224]]
118 STAT. 2224

(5) For activities conducted through the United States
Geological Survey, Biological Resources, not more than
$1,500,000 for each of the fiscal years 2006 through 2010.

(d) Planning Assistance.--There is authorized to be appropriated to
the Secretary of Agriculture and the Secretary of the Interior such
amounts as may be required to carry out subsection (b)(10).

SEC. 5. NOTE: 7 USC 8504. ESTABLISHMENT OF QUARANTINE PROTOCOLS TO
CONTROL THE INTRODUCTION AND SPREAD OF THE BROWN TREE SNAKE.

(a) Establishment NOTE: Deadline. of Quarantine Protocols.--Not
later than two years after the date of the enactment of this Act, but
subject to the memorandum of agreement required by subsection (b) with
respect to Guam, the Secretaries shall establish and cause to be
operated at Federal expense a system of pre-departure quarantine
protocols for cargo and other items being shipped from Guam and any
other United States location where the brown tree snake may become
established to prevent the introduction or spread of the brown tree
snake. NOTE: Regulations. The Secretaries shall establish the
quarantine protocols system by regulation. Under the quarantine
protocols system, Federal quarantine, natural resource, conservation,
and law enforcement officers and inspectors may enforce State and
territorial laws regarding the transportation, possession, or
introduction of any brown tree snake.

(b) Cooperation and Consultation.--The activities of the Secretaries
under subsection (a) shall be carried out in cooperation with other
Federal agencies and the appropriate State and territorial quarantine,
natural resource, conservation, and law enforcement
officers. NOTE: Contracts. In the case of Guam, as a precondition on
the establishment of the system of pre-departure quarantine protocols
under such subsection, the Secretaries shall enter into a memorandum of
agreement with the Government of Guam to obtain the assistance and
cooperation of the Government of Guam in establishing the system of pre-
departure quarantine protocols.

(c) Implementation.--The system of pre-departure quarantine
protocols to be established under subsection (a) shall not be
implemented until funds are specifically appropriated for that purpose.
(d) Authorization of Appropriations.--There is authorized to be
appropriated to carry out this section the following amounts:
(1) To the Secretary of Agriculture, not more than
$3,000,000 for each of the fiscal years 2006 through 2010.
(2) To the Secretary of the Interior, not more than
$1,000,000 for each of the fiscal years 2006 through 2010.

SEC. 6. NOTE: 7 USC 8505. TREATMENT OF BROWN TREE SNAKES AS
NONMAILABLE MATTER.

A brown tree snake constitutes nonmailable matter under section 3015
of title 39, United States Code.

SEC. 7. NOTE: 7 USC 8506. ROLE OF BROWN TREE SNAKE TECHNICAL WORKING
GROUP.

(a) Purpose.--The Technical Working Group shall ensure that Federal,
State, territorial, and local agency efforts concerning the brown tree
snake are coordinated, effective, complementary, and cost-effective.
(b) Specific Duties and Activities.--The Technical Working Group
shall be responsible for the following:


[[Page 2225]]
118 STAT. 2225

(1) The evaluation of Federal, State, and territorial
activities, programs and policies that are likely to cause or
promote the introduction or spread of the brown tree snake in
the United States or the Freely Associated States and the
preparation of recommendations for governmental actions to
minimize the risk of introduction or further spread of the brown
tree snake.
(2) The preparation of recommendations for activities,
programs, and policies to reduce and eventually eradicate the
brown tree snake in Guam or other areas within the United States
where the snake may be established and the monitoring of the
implementation of those activities, programs, and policies.
(3) Any revision of the Brown Tree Snake Control Plan,
originally published in June 1996, which was prepared to
coordinate Federal, State, territorial, and local government
efforts to control, interdict, eradicate or conduct research on
the brown tree snake.

(c) Reporting Requirement.--
(1) Report.--Subject to the availability of appropriations
for this purpose, the Technical Working Group shall prepare a
report describing--
(A) the progress made toward a large-scale
population reduction or eradication of the brown tree
snake in Guam or other sites that are infested by the
brown tree snake;
(B) the interdiction and other activities required
to reduce the risk of introduction of the brown tree
snake or other nonindigenous snake species in Guam, the
Commonwealth of the Northern Mariana Islands, Hawaii,
American Samoa, and the Freely Associated States;
(C) the applied and basic research activities that
will lead to improved brown tree snake control,
interdiction and eradication efforts conducted by
Federal, State, territorial, and local governments; and
(D) the programs and activities for brown tree snake
control, interdiction, research and eradication that
have been funded, implemented, and planned by Federal,
State, territorial, and local governments.
(2) Priorities.--The Technical Working Group shall include
in the report a list of priorities, ranked in high, medium, and
low categories, of Federal, State, territorial, and local
efforts and programs in the following areas:
(A) Control.
(B) Interdiction.
(C) Research.
(D) Eradication.
(3) Assessments.--Technical Working Group shall include in
the report the following assessments:
(A) An assessment of current funding shortfalls and
future funding needs to support Federal, State,
territorial, and local government efforts to control,
interdict, eradicate, or conduct research on the brown
tree snake.
(B) An assessment of regulatory limitations that
hinder Federal, State, territorial, and local government
efforts to control, interdict, eradicate or conduct
research on the brown tree snake.
(4) Submission.--Subject to the availability of
appropriations for this purpose, the Technical Working Group
shall


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118 STAT. 2226

submit the report to Congress not later than one year after the
date of the enactment of this Act.

(d) Meetings.--The Technical Working Group shall meet at least
annually.
(e) Inclusion of Guam.--The Secretaries shall ensure that adequate
representation is afforded to the government of Guam in the Technical
Working Group.
(f) Support.--To the maximum extent practicable, the Secretaries
shall make adequate resources available to the Technical Working Group
to ensure its efficient and effective operation. The Secretaries may
provide staff to assist the Technical Working Group in carrying out its
duties and functions.
(g) Authorization of Appropriations.--There is authorized to be
appropriated to each of the Secretaries not more than $450,000 for each
of the fiscal years 2006 through 2010 to carry out this section.

SEC. 8. NOTE: 7 USC 8507. MISCELLANEOUS MATTERS.

(a) Availability of Appropriated Funds.--Amounts appropriated under
this Act shall remain available until expended.
(b) Administrative Expenses.--Of the amounts appropriated to carry
out this Act for a fiscal year, the Secretaries may expend not more than
five percent to cover the administrative expenses necessary to carry out
this Act.

Approved October 30, 2004.

LEGISLATIVE HISTORY--H.R. 3479:
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HOUSE REPORTS: No. 108-687, Pt. 1 (Comm. on Resources).
CONGRESSIONAL RECORD, Vol. 150 (2004):
Sept. 28, considered and passed House.
Oct. 10, considered and passed Senate.