[Congressional Bills 110th Congress]
[From the U.S. Government Publishing Office]
[S. 3366 Introduced in Senate (IS)]
110th CONGRESS
2d Session
S. 3366
To protect, conserve, and restore native fish, wildlife, and their
natural habitats at national wildlife refuges through cooperative,
incentive-based grants to control, mitigate, and eradicate harmful
nonnative plant species, and for other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
July 30, 2008
Mr. Nelson of Florida (for himself, Ms. Stabenow, Ms. Collins, Mr.
Cardin, and Mr. Martinez) introduced the following bill; which was read
twice and referred to the Committee on Environment and Public Works
_______________________________________________________________________
A BILL
To protect, conserve, and restore native fish, wildlife, and their
natural habitats at national wildlife refuges through cooperative,
incentive-based grants to control, mitigate, and eradicate harmful
nonnative plant 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 ``Refuge Ecology Protection,
Assistance, and Immediate Response Act''.
SEC. 2. FINDINGS AND PURPOSE.
(a) Findings.--Congress finds the following:
(1) The National Wildlife Refuge System is the premier land
conservation system in the world.
(2) Harmful nonnative species are the leading cause of
habitat destruction in national wildlife refuges.
(3) More than 675 known harmful nonnative species are found
in the National Wildlife Refuge System.
(4) Nearly 8,000,000 acres of the National Wildlife Refuge
System contain harmful nonnative species.
(5) The cost of early identification and removal of harmful
nonnative species is dramatically lower than removing an
established invasive population.
(6) The cost of the backlog of harmful nonnative species
control projects that need to be carried out in the National
Wildlife Refuge System is over $361,000,000, and the failure to
carry out such projects threatens the ability of the System to
fulfill its basic mission.
(b) Purpose.--The purpose of this Act is to encourage partnerships
among the United States Fish and Wildlife Service, other Federal
agencies, States, 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 resources within the
National Wildlife Refuge System through monitoring and
management of harmful nonnative species, including control of
harmful nonnative plant species.
(2) To promote the development of voluntary State
assessments to establish priorities for controlling harmful
nonnative plant and animal species that threaten or negatively
impact refuge resources.
(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 plant species that threaten or negatively impact
refuge resources through a voluntary and incentive-based
financial assistance grant program.
(4) To establish an immediate response capability to combat
incipient harmful nonnative plant species invasions.
SEC. 3. DEFINITIONS.
For the purposes of this Act:
(1) Appropriate committees.--The term ``appropriate
Committees'' means the Committee on Natural 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) 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.
(4) Harmful nonnative species.--The term ``harmful
nonnative species'' 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.
(5) 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).
(6) National management plan.--The term ``National
Management Plan'' means the management plan referred to in
section 5 of Executive Order No. 13112 of February 3, 1999, and
entitled ``Meeting the Invasive Species Challenge''.
(7) Refuge resources.--The term ``refuge resources'' means
all land and water, including the fish and wildlife species and
the ecosystems and habitats therein, that are owned, leased,
managed through easement or cooperative agreement, or otherwise
managed by the by the Federal Government through the United
States Fish and Wildlife Service and located within the
National Wildlife Refuge System administered under the National
Wildlife Refuge Administration Act of 1966 (16 U.S.C. 668dd et
seq.), including any waterfowl production area.
(8) Secretary.--The term ``Secretary'' means the Secretary
of the Interior, acting through the Director of the United
States Fish and Wildlife Service.
(9) 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. REFUGE ECOLOGY PROTECTION, ASSISTANCE, AND IMMEDIATE RESPONSE
(REPAIR) GRANT PROGRAM.
(a) In General.--The Secretary may provide--
(1) a grant to any eligible applicant to carry out a
qualified plant 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 plant and animal
species that occur in the State that threaten or
negatively impact refuge resources;
(B) assess the needs to restore, manage, or enhance
native fish and wildlife and their natural habitats and
processes in the State to compliment activities to
control, mitigate, or eradicate harmful nonnative plant
and animal species negatively impacting refuge
resources;
(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 plant and
animal species that might threaten or negatively impact
refuge resources within the State; and
(E) incorporate, where applicable and to the extent
consistent with this Act, the guidelines of the
National Management Plan.
The grant program under this section shall be known as the ``Refuge
Ecology Protection, Assistance, and Immediate Response Grant Program''
or the ``REPAIR 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; and
(B) receive, review, evaluate, and approve
applications for grants under this section.
(2) 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) 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, university, conservation organization, or private
person;
(2) have adequate personnel, funding, and authority to
carry out and monitor or maintain a control project; and
(3) have entered into an agreement with the Secretary or a
designee of the Secretary, for a national wildlife refuge or
refuge complex.
(d) Qualified Control Project.--
(1) In general.--To be a qualified control project under
this section, a project shall--
(A) control harmful nonnative plant 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
plant species after the completion of the project, that
is consistent with standards for monitoring developed
under subsection (i);
(C) be conducted in partnership with a national
wildlife refuge or refuge complex;
(D) be conducted on land or water, other than
national wildlife refuge land or water, that, for
purposes of carrying out the project, are under the
control of the eligible applicant applying for the
grant under this section, on land or water on which the
eligible applicant has permission to conduct the
project, or on adjacent national wildlife refuge land
or water administered by the United States Fish and
Wildlife Service referred to in subparagraph (C); 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 Director may consider the
following:
(A) The extent to which a project would address the
operational and maintenance backlog attributed to
harmful nonnative plant species on refuge resources.
(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 plant species threatening or
negatively impacting refuge resources.
(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 or
national wildlife refuge lands or non-Federal lands in
proximity to refuge resources.
(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) The extent to which a project would aid the
conservation of--
(i) species listed by the United States
Fish and Wildlife Service as birds of
management concern; and
(ii) species identified by the Director of
the United States Fish and Wildlife Service as
imperiled or at-risk species.
(F) The extent to which a project would aid the
conservation of species identified as a ``Species of
Greatest Conservation Need'' in a comprehensive
wildlife conservation plan developed under the State
wildlife grants program.
(G) The extent to which a project would contribute
to the restoration and protection of terrestrial,
freshwater aquatic, estuarine, coastal, and marine
ecosystems, such as the Everglades, the Great Lakes,
and the Mississippi River, that are determined to be
priorities by the Director of the United States Fish
and Wildlife Service.
(H) Whether a project includes pilot testing or a
demonstration of an innovative technology having the
potential for improved cost-effectiveness and reduced
environmental risks when controlling harmful nonnative
plant species.
(I) The extent to which a project minimizes adverse
impacts of control methods on ecosystems affected by
the project.
(J) Whether a project includes a comprehensive plan
to prevent reintroduction of harmful nonnative plant
species controlled by the project.
(e) 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 regions
and States within which such projects are proposed to be
conducted.
(f) 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) In general.--If the Secretary, after reviewing
the reports under subsection (g) 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) 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 (d)(1)(B) for up to 5 fiscal
years after the project is otherwise completed.
(g) Reporting by Grantee.--
(1) Control projects; assessment projects.--
(A) Control projects.--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) Assessment projects.--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
(j)(2);
(ii) specific information on the methods
and techniques used to control harmful
nonnative plant species in the project area;
and
(iii) 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 paragraph (1)(A)
shall also submit annually to the Secretary a brief synopsis
and chronological list of projects showing progress as a
percentage of completion and use of awarded funds.
(h) 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 (d)(2)(H) shall be 85
percent.
(3) Projects on refuge 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 national
wildlife refuge 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.
(i) Monitoring and Maintenance of Control Grant Projects.--
(1) Requirements.--The Secretary shall develop requirements
for the monitoring and maintenance of a control project to
ensure that the requirements under subparagraphs (A) and (B) of
subsection (d)(1) are achieved.
(2) Database of grant project information.--The Secretary
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 Secretary shall use
existing programs within the Department of the Interior to
create and maintain the database required under this
subsection.
(4) Public availability.--The Secretary shall make the
information collected and maintained under this subsection
available to the public.
(j) Reporting by the Secretary.--
(1) In general.--The Secretary shall, by not later than 3
years after the date of the enactment of this Act and
biennially thereafter in the report under section 8, report to
the appropriate Committees on the implementation of this
section.
(2) Report contents.--A report under paragraph (1) shall
include an assessment of--
(A) trends in the population size and distribution
of harmful nonnative plant 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 refuge resources
and 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;
(C) trends in the population size and distribution
in the project areas of native species targeted for
restoration, and in areas in proximity to refuge
resources 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 assessment of the status of control projects
carried out with grants under this section, including
an accounting of expenditures by the United States Fish
and Wildlife Service, 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.
(k) Cooperation of Non-Federal Interests.--The Secretary may not
make a grant under this section for a control project on national
wildlife refuge lands or lands in proximity to refuge resources before
a non-Federal interest has entered into a written agreement with a
national wildlife refuge or refuge complex under which the non-Federal
interest agrees to--
(1) monitor and maintain the control project in accordance
with the plan required under subsection (d)(1)(B); and
(2) provide any other items of cooperation the Secretary
considers necessary to carry out the project.
SEC. 5. CREATION OF AN IMMEDIATE RESPONSE CAPABILITY TO HARMFUL
NONNATIVE SPECIES.
(a) Establishment.--The Secretary may provide financial assistance
for a period of not more than 3 fiscal years to enable an immediate
response to outbreaks of harmful nonnative plant species that threaten
or may negatively impact refuge resources that are at a stage at which
rapid eradication or control is possible, and ensure eradication or
immediate control of the harmful nonnative plant species.
(b) Requirements for Assistance.--The Secretary, after consulting
with the Governor of the State, shall provide assistance under this
section to local and State agencies, universities, or nongovernmental
entities for the eradication of an immediate harmful nonnative plant
species threat only if--
(1) there is a demonstrated need for the assistance;
(2) the harmful nonnative plant species is considered to be
an immediate threat to refuge resources, 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 national wildlife refuge ecosystems and
adverse effects on nontarget species.
(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 require that
persons receiving assistance under this section 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. COOPERATIVE VOLUNTEER HARMFUL NONNATIVE SPECIES MONITORING AND
CONTROL PROGRAM.
(a) In General.--Consistent with the National Wildlife Refuge
System Volunteer and Community Partnership Enhancement Act of 1998
(Public Law 105-242), the Secretary shall establish a cooperative
volunteer monitoring and control program to administer and coordinate
projects implemented by partner organizations concerned with national
wildlife refuges to address harmful nonnative species that threaten
national wildlife refuges or adjacent lands.
(b) Eligible Activities.--Each project administered and coordinated
under this section shall include 1 of the following activities:
(1) Habitat surveys.
(2) Detection and identification of new introductions or
infestations of harmful nonnative plant and animal species.
(3) Harmful nonnative plant species control projects.
(4) Public education and outreach to increase awareness
concerning harmful nonnative species and their threat to the
refuge system.
SEC. 7. RELATIONSHIP TO OTHER AUTHORITIES.
(a) Authorities, etc. of Secretary.--Nothing in this Act affects
authorities, responsibilities, obligations, or powers of the Secretary
under any other statute.
(b) State Authority.--Nothing in this Act preempts any provision or
enforcement of State statute or regulation relating to the management
of fish and wildlife resources within such State.
SEC. 8. BIENNIAL REPORT.
Not later than 2 years after the date of enactment of this Act and
biennially thereafter, the Secretary shall prepare and submit to
Congress and the National Invasive Species Council--
(1) a comprehensive report summarizing all grant activities
relating to invasive species initiated under this Act
including--
(A) State assessment projects;
(B) qualified control projects;
(C) immediate response activities; and
(D) projects identified in the Refuge Operations
Needs database or the Service Asset and Maintenance
Management System database of the United States Fish
and Wildlife Service;
(2) a list of grant priorities, ranked in high, medium, and
low categories, for future grant activities in the areas of--
(A) early detection and rapid response;
(B) control, management, and restoration;
(C) research and monitoring;
(D) information management; and
(E) public outreach and partnership efforts; and
(3) information required to be included under section 4(k).
SEC. 9. AUTHORIZATION OF APPROPRIATIONS.
(a) In General.--There are authorized to be appropriated to carry
out this Act such sums as may be necessary.
(b) Allowance for Immediate Response.--Of the amounts appropriated
to carry out this Act no more than 25 percent shall be available in any
fiscal year for financial assistance under section 5.
(c) Continuing Availability.--Amounts appropriated under this Act
may remain available until expended.
(d) Administrative Expenses.--Of amounts available each fiscal year
to carry out this Act, the Secretary may expend not more than 3 percent
or up to $100,000, whichever is greater, to pay the administrative
expenses necessary to carry out this Act.
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