[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[S. 3063 Introduced in Senate (IS)]
111th CONGRESS
2d Session
S. 3063
To direct the Secretary of the Interior to provide loans to certain
organizations in certain States to address habitats and ecosystems and
to address and prevent invasive species.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
March 3, 2010
Mr. Reid (for himself, Mr. Begich, Mr. Bennet, Mr. Bennett, Mrs.
Feinstein, Mr. Merkley, Ms. Murkowski, and Mr. Wyden) introduced the
following bill; which was read twice and referred to the Committee on
Energy and Natural Resources
_______________________________________________________________________
A BILL
To direct the Secretary of the Interior to provide loans to certain
organizations in certain States to address habitats and ecosystems and
to address and prevent invasive species.
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 ``Invasive Species Emergency Response
Fund Act''.
SEC. 2. PURPOSES.
The purpose of this Act is to encourage partnerships among Federal
and State agencies, Indian tribes, academic institutions, and public
and private stakeholders--
(1) to prevent against the introduction and spread of
harmful invasive species;
(2) to protect, enhance, restore, and manage a variety of
habitats for native plants, fish, and wildlife; and
(3) to establish early detection and rapid response
capabilities to combat incipient harmful invasive species.
SEC. 3. INVASIVE SPECIES EMERGENCY RESPONSE FUND.
(a) Definitions.--In this section:
(1) Ecosystem.--The term ``ecosystem'' means an area,
considered as a whole, that contains living organisms that
interact with each other and with the non-living environment.
(2) Eligible state.--The term ``eligible State'' means any
State located in Region 4, as determined by the Census Bureau.
(3) Fund.--The term ``Fund'' means the Invasive Species
Emergency Response Fund established by subsection (b).
(4) Indian tribe.--The term ``Indian tribe'' has the
meaning given the term in section 4 of the Indian Self-
Determination Act and Education Assistance Act (25 U.S.C.
450b).
(5) Introduction.--The term ``introduction'', with respect
to a species, means the intentional or unintentional escape,
release, dissemination, or placement of the species into an
ecosystem as a result of human activity.
(6) Invasive species.--The term ``invasive species'' means
a species--
(A) that is nonnative to a specified ecosystem; and
(B) the introduction to an ecosystem of which
causes, or may cause, harm to--
(i) the economy;
(ii) the environment; or
(iii) human, animal, or plant health.
(7) Qualified organization.--
(A) In general.--The term ``qualified
organization'' means an organization that--
(i) submits an application for a project in
an eligible State; and
(ii) demonstrates an effort to address--
(I) a certain invasive species; or
(II) a certain habitat or ecosystem
impacted by an invasive species.
(B) Inclusions.--The term ``qualified
organization'' includes any individual representing, or
any combination of--
(i) public or private stakeholders;
(ii) Federal agencies;
(iii) Indian tribes;
(iv) State land, forest, or fish wildlife
management agencies;
(v) academic institutions; and
(vi) other organizations, as the Secretary
determines to be appropriate.
(8) Secretary.--The term ``Secretary'' means the Secretary
of the Interior.
(9) Stakeholder.--The term ``stakeholder'' includes--
(A) State, tribal, and local governmental agencies;
(B) the scientific community; and
(C) nongovernmental entities, including
environmental, agricultural, and conservation
organizations, trade groups, commercial interests, and
private landowners.
(b) Establishment of Fund.--There is established in the Treasury of
the United States a revolving fund, to be known as the ``Invasive
Species Emergency Response Fund'', consisting of--
(1) such amounts as are appropriated to the Fund pursuant
to subsection (h); and
(2) interest earned on investments of amounts in the Fund
under subsection (e).
(c) Expenditures From Fund.--
(1) In general.--Subject to paragraph (2), on request by
the Secretary, the Secretary of the Treasury shall transfer
from the Fund to the Secretary such amounts as the Secretary
determines are necessary to provide loans under subsection
(f)(1).
(2) Administrative expenses.--Of the amounts in the Fund--
(A) not more than 5 percent shall be available for
each fiscal year to pay the administrative expenses of
the Department of the Interior to carry out this
section;
(B) not more than 5 percent shall be available for
each fiscal year to pay the administrative expenses of
offices of the Governors of eligible States to carry
out this section; and
(C) not more than 10 percent shall be available for
each fiscal year to pay the administrative expenses of
a qualified organization to carry out this section.
(d) Transfers of Amounts.--
(1) In general.--The amounts required to be transferred to
the Fund under this section shall be transferred at least
monthly from the general fund of the Treasury to the Fund on
the basis of estimates made by the Secretary of the Treasury.
(2) Adjustments.--Proper adjustment shall be made in
amounts subsequently transferred to the extent prior estimates
were in excess of or less than the amounts required to be
transferred.
(e) Investment of Amounts.--
(1) In general.--The Secretary of the Treasury shall invest
such portion of the Fund as is not, in the judgment of the
Secretary of the Treasury, required to meet current
withdrawals.
(2) Interest bearing obligations.--Investments may be made
only in interest-bearing obligations of the United States.
(f) Use of Fund.--
(1) Loans.--
(A) In general.--The Secretary shall use amounts in
the Fund to provide loans to qualified organizations to
prevent and remediate the impacts of invasive species
on habitats and ecosystems.
(B) Eligibility.--
(i) In general.--To be eligible to receive
a loan under this paragraph, a qualified
organization shall submit to the Governor of
the eligible State in which the project of the
qualified organization is located an
application at such time, in such manner, and
containing such information as may be required
by application requirements established by the
Secretary, after taking into account the
recommendations of the Governors of eligible
States.
(ii) Gubernatorial recommendations.--In
reviewing the applications under clause (i),
the Governor may recommend to the Secretary for
approval any application of a qualified
organization under clause (i) if the Governor
determines that the qualified organization is
carrying out or will carry out a project--
(I) designed to fully assess long-
term comprehensive severity of the
problem or potential problem addressed
by the project;
(II) that uses early detection and
response mechanisms that seek to
prevent--
(aa) the introduction or
spread of invasive species from
outside the United States into
an eligible State; or
(bb) the spread of an
established invasive species
into an eligible State;
(III) to prevent the regrowth or
reintroduction of an invasive species,
to the extent to which the qualified
organization has achieved progress with
respect to reduction or elimination of
the invasive species;
(IV) in rare or unique habitats,
such as--
(aa) desert terminal lakes;
(bb) rivers that feed
desert terminal lakes;
(cc) desert springs;
(dd) alpine lakes;
(ee) old growth forest
ecosystems; and
(ff) special land
allocations, such as
wilderness, wilderness
management areas, research
natural areas, and experimental
forests;
(V) that is likely to prevent or
resolve a problem relating to invasive
species;
(VI) to remediate the spread of
aquatic invasive species within
important bodies of water, as
determined by the Secretary (including
the Colorado River);
(VII) to remediate the spread of
terrestrial invasive species within
important forest ecosystems, including
wilderness, wilderness management
areas, research natural areas, and
experimental forests;
(VIII) to assess and promote
wildfire management strategies,
increase the supply of native plant
materials, and reintroduce native plant
species intended to limit or mitigate
the impacts of invasive species;
(IX) to assess and reduce invasive
species-related changes in wildlife
habitat and aquatic, terrestrial, and
arid ecosystems;
(X) to assess and reduce negative
economic impacts and other impacts
associated with control methods and the
restoration of a native ecosystem;
(XI) to improve the overall
capacity of the United States to
address invasive species;
(XII) to promote cooperation and
participation between States that have
common interests regarding invasive
species;
(XIII) that addresses or enhances
the efforts of qualified organizations,
States, or landscape-level initiatives
that have invasive species
responsibility, authority, or
prevention, remediation and control
strategies, and applicable plans in
place; or
(XIV) to educate the public
regarding the negative effects of
invasive species, to help prevent and
mitigate the introduction and spread of
invasive species into or near high-risk
aquatic, terrestrial, and arid
ecosystems.
(iii) Transmission to the secretary.--The
Governor shall transmit to the Secretary all
applications received by the Governor under
clause (i).
(C) Sense of congress regarding multistate
compacts.--It is the sense of Congress that--
(i) Governors of States should enter into
multistate compacts in coordination with
qualified organizations to prevent, address,
and remediate against the spread of animals,
plants, or pathogens, or aquatic, wetland, or
terrestrial invasive species;
(ii) the Secretary should give special
consideration to multistate compacts described
in clause (i) in reviewing loan solicitations
and applications of the States and qualified
organizations that are parties to the compacts;
and
(iii) if a multistate compact is entered
into under clause (i), the Governors of all
States that are parties to the compact should
combine to repay to the Secretary of the
Treasury a total combined amount equal to not
less than 25 percent of the amount of the loan
provided under this Act (including interest at
a rate less than or equal to the market
interest rate).
(D) Petitions.--
(i) Action by governor.--Not later than 30
days after the receipt of an application
recommended for approval by the Secretary under
subparagraph (B)(ii), the Governor of an
eligible State shall submit to the Secretary,
on behalf of all qualified organizations, a
petition, together with copies of the
recommended application, to receive a loan
under this paragraph.
(ii) Approval.--Not later than 30 days
after the date of receipt of a petition under
clause (i), the Secretary, at the sole
discretion of the Secretary, may approve the
petition.
(iii) Action on approval.--Not later than
30 days after the date of approval of a
petition under clause (ii) or the approval by
the Secretary of an application otherwise
transmitted by a Governor under subparagraph
(B)(iii), the Secretary shall provide to the
qualified organization a loan under this
paragraph.
(E) Priority.--In providing loans under this
paragraph, the Secretary shall give priority to
applications of qualified organizations carrying out,
or that will carry out, more than 1 project described
in subparagraph (B)(ii).
(2) Requirements.--
(A) Loan repayment.--
(i) In-kind consideration.--With respect to
loan repayment under clause (ii), the Secretary
may accept, in lieu of monetary payment, in-
kind contributions in such form and such
quantity as may be acceptable to the Secretary,
including contributions in the form of--
(I) maintenance, remediation,
prevention, alteration, repair,
improvement, or restoration (including
environmental restoration) activities
for approved projects; and
(II) such other services as the
Secretary considers to be appropriate.
(ii) Repayment.--Subject to clause (iii),
not later than 10 years after the date on which
a qualified organization receives a loan under
paragraph (1), the qualified organization shall
repay to the Secretary of the Treasury an
amount equal to not less than 25 percent of the
amount of the loan (including interest at a
rate less than or equal to the market interest
rate).
(iii) Waiver.--Not more frequently than
once every 5 years, the Secretary, in
consultation with the Secretary of the
Treasury, may waive the requirements under
clauses (i) and (ii) with respect to 1
qualified organization.
(B) Long-term management and remediation
strategies.--The Secretary shall ensure that no loan
provided under paragraph (1) is used to carry out a
long-term management or remediation strategy, unless
the Governor or applicable qualified organization
demonstrates either or both a reliable funding stream
and in-kind contributions to carry out the strategy
over the duration of the project.
(3) Renewal.--After reviewing the reports under subsection
(g), if the Secretary, in consultation with the Governor of
each affected State, determines that a project is making
satisfactory progress, the Secretary may renew the loan
provided under this subsection for a period of not more than 3
additional fiscal years.
(g) Reports.--
(1) Reports to secretary.--For each year during which a
qualified organization receives a loan under subsection (f),
the qualified organization, in conjunction with the Governor of
the eligible State in which the qualified organization is
primarily located, shall submit to the Secretary a report
describing each project (including the results of the project)
carried out by the qualified organization using the loan during
that year.
(2) Report to congress.--Not later than September 30, 2011,
and annually thereafter through September 30, 2015, the
Secretary shall submit a report describing the total loan
amount requested by each eligible State during the preceding
fiscal year and the total amount of the loans provided under
subsection (f)(1) to each eligible State during that fiscal
year, and an evaluation on effectiveness of the Fund and the
potential to expand the Fund to other regions, to--
(A) the Committees on Appropriations, Energy and
Natural Resources, and Environment and Public Works of
the Senate; and
(B) the Committees on Appropriations and Natural
Resources of the House of Representatives.
(3) Report by borrower.--
(A) In general.--Each qualified organization that
receives a loan under subsection (f)(1) shall submit to
the Secretary a report describing the use of the loan
and the success achieved by the qualified
organization--
(i) not less frequently than once each year
until the date of expiration of the loan; or
(ii) if the loan expires before the date
that is 1 year after the date on which the loan
is provided, at least once during the term of
the loan.
(B) Interim update.--In addition to the reports
required under subparagraph (A), each qualified
organization that receives a loan under subsection
(f)(1) shall submit to the Secretary, electronically or
in writing, a report describing the use of the loan and
the success achieved by the qualified organization,
expressed in chronological order with respect to the
date on which each project was initiated--
(i) not less frequently than once every 180
days until the date of expiration of the loan;
or
(ii) if the loan expires before the date
that is 180 days after the date on which the
loan is provided, on the date on which the term
of the loan is 50 percent completed.
(h) Authorization of Appropriations.--There is authorized to be
appropriated to the Fund $80,000,000 for each of fiscal years 2011
through 2015.
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