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[108th Congress Public Law 384]
[From the U.S. Government Printing Office]

[DOCID: f:publ384.108]

[[Page 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 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 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 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 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

[[Page 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.

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