[Congressional Bills 115th Congress]
[From the U.S. Government Publishing Office]
[S. 509 Introduced in Senate (IS)]
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115th CONGRESS
1st Session
S. 509
To improve the control and management of invasive species that threaten
and harm Federal land under the jurisdiction of the Secretary of
Agriculture and the Secretary of the Interior, and for other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
March 2, 2017
Mr. Barrasso (for himself, Mr. Enzi, Ms. Murkowski, and Mr. Risch)
introduced the following bill; which was read twice and referred to the
Committee on Energy and Natural Resources
_______________________________________________________________________
A BILL
To improve the control and management of invasive species that threaten
and harm Federal land under the jurisdiction of the Secretary of
Agriculture and the Secretary of the Interior, 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 ``Federal Land Invasive Species
Control, Prevention, and Management Act''.
SEC. 2. PURPOSE.
The purpose of this Act is to ensure the effective management of
Federal land, including National Monuments and National Heritage Areas,
to protect from invasive species important natural resources,
including--
(1) soil;
(2) vegetation;
(3) archeological sites;
(4) water resources; and
(5) rare or unique habitats.
SEC. 3. DEFINITIONS.
In this Act:
(1) Control.--The term ``control'', with respect to an
invasive species, means the eradication, suppression, or
reduction of the population of the invasive species within the
area in which the invasive species is present.
(2) Ecosystem.--The term ``ecosystem'' means the complex of
a community of organisms and the environment of the organisms.
(3) Eligible state.--The term ``eligible State'' means any
of--
(A) a State;
(B) the District of Columbia;
(C) the Commonwealth of Puerto Rico;
(D) American Samoa;
(E) Guam; and
(F) the United States Virgin Islands.
(4) Invasive species.--
(A) In general.--The term ``invasive species''
means an alien species, the introduction of which
causes, or is likely to cause, economic or
environmental harm or harm to human health.
(B) Associated definition.--For purposes of
subparagraph (A), the term ``alien species'', with
respect to a particular ecosystem, means any species
(including the seeds, eggs, spores, or other biological
material of the species that are capable of propagating
the species) that is not native to the affected
ecosystem.
(C) Inclusion.--The terms ``invasive species'' and
``alien species'' include any terrestrial or aquatic
species determined by the relevant tribal, regional,
State, or local authority to meet the requirements of
subparagraph (A) or (B), as applicable.
(5) Manage; management.--The terms ``manage'' and
``management'', with respect to an invasive species, mean the
active implementation of any activity--
(A) to reduce or stop the spread of the invasive
species; and
(B) to inhibit further infestations of the invasive
species, the spread of the invasive species, or harm
caused by the invasive species, including
investigations regarding methods for early detection
and rapid response, prevention, control, or management
of the invasive species.
(6) Prevent.--The term ``prevent'', with respect to an
invasive species, means--
(A) to hinder the introduction of the invasive
species onto land or water; or
(B) to impede the spread of the invasive species
within land or water by inspecting, intercepting, or
confiscating invasive species threats prior to the
establishment of the invasive species onto land or
water of an eligible State.
(7) Secretary concerned.--The term ``Secretary concerned''
means--
(A) the Secretary of the Interior, with respect to
Federal land administered by the Secretary of the
Interior through--
(i) the Bureau of Indian Affairs;
(ii) the Bureau of Land Management;
(iii) the Bureau of Reclamation;
(iv) the National Park Service; or
(v) the United States Fish and Wildlife
Service;
(B) the Secretary of Agriculture, with respect to
Federal land administered by the Secretary of
Agriculture through the Forest Service; and
(C) the head or a representative of any other
Federal agency the duties of whom require planning
relating to, and the treatment of, invasive species on
Federal land.
(8) Species.--The term ``species'' means a group of
organisms, all of which--
(A) have a high degree of physical and genetic
similarity;
(B) generally interbreed only among themselves; and
(C) show persistent differences from members of
allied groups of organisms.
SEC. 4. FEDERAL EFFORTS TO CONTROL AND MANAGE INVASIVE SPECIES ON
FEDERAL LAND.
(a) Control and Management.--Each Secretary concerned shall plan
and carry out activities on land directly managed by the Secretary
concerned to control and manage invasive species--
(1) to inhibit or reduce the populations of invasive
species; and
(2) to effectuate restoration or reclamation efforts.
(b) Strategic Plan.--
(1) In general.--Each Secretary concerned shall develop a
strategic plan for the implementation of the invasive species
program to achieve, to the maximum extent practicable, a
substantive annual net reduction of invasive species
populations or infested acreage on land managed by the
Secretary concerned.
(2) Coordination.--Each strategic plan under paragraph (1)
shall be developed--
(A) in coordination with affected--
(i) eligible States;
(ii) political subdivisions of eligible
States; and
(iii) federally recognized Indian tribes;
and
(B) in accordance with the priorities established
by one or more Governors of the eligible States in
which an ecosystem affected by an invasive species is
located.
(3) Factors for consideration.--In developing a strategic
plan under this subsection, the Secretary concerned shall take
into consideration the economic and ecological costs of action
or inaction, as applicable.
SEC. 5. PROGRAM FUNDING ALLOCATIONS.
(a) Control and Management.--Of the amount appropriated or
otherwise made available to each Secretary concerned for a fiscal year
for programs that address or include invasive species management, the
Secretary concerned shall use not less than 75 percent for on-the-
ground control and management of invasive species, including through--
(1) the purchase of necessary products, equipment, or
services to conduct that control and management;
(2) the use of integrated pest management options,
including pesticides authorized for sale, distribution, or use
under the Federal Insecticide, Fungicide, and Rodenticide Act
(7 U.S.C. 136 et seq.);
(3) the use of biological control agents that are proven to
be effective to reduce invasive species populations;
(4) the use of revegetation or cultural restoration methods
designed to improve the diversity and richness of ecosystems;
or
(5) the use of other effective mechanical or manual control
methods.
(b) Investigations, Outreach, and Public Awareness.--Of the amount
appropriated or otherwise made available to each Secretary concerned
for a fiscal year for programs that address or include invasive species
management, the Secretary concerned may use not more than 15 percent
for investigations, development activities, and outreach and public
awareness efforts to address invasive species control and management
needs.
(c) Administrative Costs.--Of the amount appropriated or otherwise
made available to each Secretary concerned for a fiscal year for
programs that address or include invasive species management, not more
than 10 percent may be used for administrative costs incurred to carry
out those programs, including costs relating to oversight and
management of the programs, recordkeeping, and implementation of the
strategic plan developed under section 4(b).
(d) Reporting Requirements.--Not later than 60 days after the end
of the second fiscal year beginning after the date of enactment of this
Act, each Secretary concerned shall submit to Congress a report--
(1) describing the use by the Secretary concerned during
the 2 preceding fiscal years of funds for programs that address
or include invasive species management; and
(2) specifying the percentage of funds expended for each of
the purposes specified in subsections (a), (b), and (c).
SEC. 6. PRUDENT USE OF FUNDS.
(a) Cost-Effective Methods.--In selecting a method to be used to
control or manage an invasive species as part of a specific control or
management project, the Secretary concerned shall prioritize the use of
the least-costly option, based on sound scientific data and other
commonly used, cost-effective benchmarks, in an area to effectively
control and manage invasive species.
(b) Comparative Economic Assessment.--To achieve compliance with
subsection (a), the Secretary concerned shall require a comparative
economic assessment of invasive species control and management methods
to be conducted.
(c) Categorical Exclusions.--
(1) In general.--An invasive species control or management
project or activity described in paragraph (2) is categorically
excluded from the requirement to prepare an environmental
assessment or an environmental impact statement under the
National Environmental Policy Act of 1969 (42 U.S.C. 4321 et
seq.) during the period for which the Secretary concerned
determines that the project or activity is otherwise conducted
in accordance with applicable agency procedures, including any
land and resource management plan or land use plan applicable
to the area.
(2) Description of projects and activities.--A project or
activity referred to in paragraph (1) is a project or activity
that, as determined by the Secretary concerned--
(A) is, or will be, carried out on land or water
that is--
(i) directly managed by the Secretary
concerned; and
(ii) located in a prioritized, high-risk
area; and
(B) involves the treatment of any land or waterway
located within 1,000 feet of--
(i) any port of entry to the United States,
including--
(I) a water body or waterway;
(II) a railroad line;
(III) an airport; and
(IV) a roadside or highway;
(ii) a water project;
(iii) a utility or telephone infrastructure
or right-of-way;
(iv) a campground;
(v) a National Heritage Area;
(vi) a National Monument;
(vii) a park or other recreational site;
(viii) a school; or
(ix) any other similar, valuable
infrastructure.
(d) Relation to Other Authority.--
(1) Other invasive species control, prevention, and
management authorities.--Nothing in this Act precludes the
Secretary concerned from pursuing or supporting, pursuant to
any other provision of law, any activity regarding the control,
prevention, or management of an invasive species, including
investigations to improve the control, prevention, or
management of the invasive species.
(2) Public water supply systems.--Nothing in this Act
authorizes the Secretary concerned to suspend any water
delivery or diversion, or otherwise to prevent the operation of
a public water supply system, as a measure to control, manage,
or prevent the introduction or spread of an invasive species.
SEC. 7. USE OF PARTNERSHIPS.
(a) In General.--Subject to the requirements of this section, the
Secretary concerned may enter into any contract or cooperative
agreement with another Federal agency, an eligible State, a political
subdivision of an eligible State, or a private individual or entity to
assist with the control and management of an invasive species.
(b) Memorandum of Understanding.--
(1) In general.--As a condition of a contract or
cooperative agreement under subsection (a), the Secretary
concerned and the applicable Federal agency, eligible State,
political subdivision of an eligible State, or private
individual or entity shall enter into a memorandum of
understanding that describes--
(A) the nature of the partnership between the
parties to the memorandum of understanding; and
(B) the control and management activities to be
conducted under the contract or cooperative agreement.
(2) Contents.--A memorandum of understanding under this
subsection shall contain, at a minimum, the following:
(A) A prioritized listing of each invasive species
to be controlled or managed.
(B) An assessment of the total acres or area
infested by the invasive species.
(C) An estimate of the expected total acres or area
infested by the invasive species after control and
management of the invasive species is attempted.
(D) A description of each specific, integrated pest
management option to be used, including a comparative
economic assessment to determine the least-costly
method.
(E) Any map, boundary, or Global Positioning System
coordinates needed to clearly identify the area in
which each control or management activity is proposed
to be conducted.
(F) A written assurance that each partner will
comply with section 15 of the Federal Noxious Weed Act
of 1974 (7 U.S.C. 2814).
(3) Coordination.--If a partner to a contract or
cooperative agreement under subsection (a) is an eligible
State, political subdivision of an eligible State, or private
individual or entity, the memorandum of understanding under
this subsection shall include a description of--
(A) the means by which each applicable control or
management effort will be coordinated; and
(B) the expected outcomes of managing and
controlling the invasive species.
(4) Public outreach and awareness efforts.--If a contract
or cooperative agreement under subsection (a) involves any
outreach or public awareness effort, the memorandum of
understanding under this subsection shall include a list of
goals and objectives for each outreach or public awareness
effort that have been determined to be efficient to inform
national, regional, State, or local audiences regarding
invasive species control and management.
(c) Investigations.--The purpose of any invasive species-related
investigation carried out under a contract or cooperative agreement
under subsection (a) shall be--
(1) to develop solutions and specific recommendations for
control and management of invasive species; and
(2) specifically to provide faster implementation of
control and management methods.
SEC. 8. COORDINATION WITH AFFECTED LOCAL GOVERNMENTS.
Each project and activity carried out pursuant to this Act shall be
coordinated with affected local governments, in accordance with section
202(c)(9) of the Federal Land Policy and Management Act of 1976 (43
U.S.C. 1712(c)(9)).
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