PUBLIC LAW 108–384—OCT. 30, 2004 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.

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 ‘‘Brown Tree Snake Control

and Eradication Act of 2004’’.

SEC. 2. 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).

7 USC 8501.

7 USC 8501 note.

Brown Tree

Snake Control

and Eradication

Act of 2004.

Oct. 30, 2004

[H.R. 3479]

118 STAT. 2222 PUBLIC LAW 108–384—OCT. 30, 2004

(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. 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. 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

7 USC 8503.

7 USC 8502.

PUBLIC LAW 108–384—OCT. 30, 2004 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 largescale 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.

118 STAT. 2224 PUBLIC LAW 108–384—OCT. 30, 2004

(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. ESTABLISHMENT OF QUARANTINE PROTOCOLS TO CONTROL

THE INTRODUCTION AND SPREAD OF THE BROWN TREE

SNAKE.

(a) ESTABLISHMENT 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. 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. 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. 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. 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:

7 USC 8506.

7 USC 8505.

Contracts.

Regulations.

Deadline.

7 USC 8504.

PUBLIC LAW 108–384—OCT. 30, 2004 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

118 STAT. 2226 PUBLIC LAW 108–384—OCT. 30, 2004

LEGISLATIVE HISTORY—H.R. 3479:

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.

Æ

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. 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.

7 USC 8507.