69–010 

1 Congressional Research Service Report, Invasive Species: Major Laws and the Role of Selected Federal Agencies, Summary (January 17, 2017). 

Calendar No. 91 

115TH CONGRESS REPORT " ! SENATE 1st Session 115–73 

WILDLIFE INNOVATION AND LONGEVITY DRIVER ACT 

MAY 17, 2017.—Ordered to be printed 

Mr. BARRASSO, from the Committee on Environment and Public 

Works, submitted the following 

R E P O R T 

[To accompany S. 826] 

[Including cost estimate of the Congressional Budget Office] 

The Committee on Environment and Public Works, to which was 

referred the bill (S. 826) to reauthorize the Partners for Fish and 

Wildlife Program and certain wildlife conservation funds, to establish prize competitions relating to the prevention of wildlife poaching and trafficking, wildlife conservation, the management of 

invasive species, and the protection of endangered species, and for 

other purposes, having considered the same, reports favorably 

thereon with an amendment in the nature of a substitute and recommends that the bill, as amended, do pass. 

BACKGROUND AND NEED FOR LEGISLATION

States and localities throughout the United States, and nations 

around the world, grapple with wildlife conservation and management challenges, including those posed by invasive species, wildlife 

poaching, and illegal trafficking. 

An ‘‘invasive species’’ has been defined under Executive Order 

13112 as ‘‘an alien species whose introduction does or is likely to 

cause economic or environmental harm or harm to human health.’’ 

Roughly 50,000 non-native species have been introduced to the 

United States with an annual economic cost estimated at more 

than $120 billion, according to the Congressional Research Service 

(CRS).1

2 

CRS further reports that U.S. agricultural crop and livestock pro- duction suffers the largest damage, amounting to $65 billion annually. In an effort to prevent, control, and eradicate invasive species 

domestically, the U.S. government spent an estimated $2.3 billion 

across a range of federal agencies and activities in FY2016. These 

efforts consist of, but are not limited to, species prevention, control 

and management, outreach, research, early detection, and habitat 

restoration. 

During the March 15, 2017 hearing before the Committee entitled ‘‘Examining Innovative Solutions to Control Invasive Species 

and Promote Wildlife Conservation,’’ Dr. Jamie K. Reaser, Executive Director of the National Invasive Species Council Secretariat 

at the U.S. Department of the Interior, testified that invasive species play a role in at least 42 percent of listings of species under 

the Endangered Species Act. 

Poaching presents another concerning wildlife management 

issue. In the United States, poaching takes place across the country 

and includes the illegal taking of black bears for their gallbladders, 

hides and paws, selling Bighorn Sheep antlers, shark finning off 

the coast of California, and deer poaching out of hunting season. 

Internationally, poaching is an even more prominent issue due to 

high-profile species such as rhinos and elephants. In 2017, poachers broke into a zoo in France and killed a white rhino in order to 

saw off its horn. And in Kenya, a 50-year-old elephant was illegally 

killed by a poisoned arrow for his tusks worth $130,000. 

The U.S. government estimates that the illegal trade in endan- gered wildlife products is worth at least an estimated $7 billion, 

and tends to disproportionately impact the developing world. Many 

of these foreign countries possess valuable natural resources, but 

do not have the means to manage such resources. The proliferation 

of invasive species has also been associated with the illegal wildlife 

trade. 

S. 826 promotes better wildlife conservation and management, 

including by addressing invasive species, wildlife poaching, and illegal trafficking. The legislation incorporates various, innovative 

solutions to wildlife conservation and management challenges faced 

by states and localities throughout the United States, and nations 

around the world. 

Partners for Fish and Wildlife Program 

The Partners for Fish and Wildlife Act authorizes the Secretary 

of the Interior to provide technical and financial assistance to private landowners to restore, enhance, and manage private land to 

improve fish and wildlife habitats through the Partners for Fish 

and Wildlife Program. This is achieved by connecting communitybased biologists with landowners to plan, implement, and monitor 

fish and wildlife conservation projects on private land. 

During the March 15, 2017 hearing before the Committee entitled ‘‘Examining Innovative Solutions to Control Invasive Species 

and Promote Wildlife Conservation,’’ Fish and Wildlife Service Acting Director Jim Kurth testified that the Partners for Fish and 

Wildlife Program ‘‘is one of the most effective programs’’ that the 

Fish and Wildlife Service administers. Director Kurth stated that 

50,000 landowners, whose properties comprise tens of millions of 

acres of private lands, have worked through the program since its 

3 

inception to improve habitat, benefitting hundreds of species. In 

addition, Brian Nesvik, Chief Game Warden for the Wyoming 

Game and Fish Department, testified that landowners are 

incentivized to participate in this program because it is voluntary, 

it has a matching requirement, it provides flexibility, and it focuses 

on partnership. 

In 1987, the Partners for Fish and Wildlife Program was established. In 2006, Congress reauthorized the program for five years 

at no more than $75 million annually when it passed the Partners 

for Fish and Wildlife Act (P.L. 109–294). Congress has appropriated approximately $50 million per year for the program. The 

program’s authorization expired in 2011. 

Fish and wildlife coordination 

Invasive species pose an ongoing and significant challenge to 

wildlife managers throughout the United States. On February 3, 

1999, President Clinton issued Executive Order 13112 requiring executive agencies to take actions to prevent both the introduction 

and spread of invasive species, as well as to eradicate and control 

those already established. On December 5, 2016, President Obama 

issued Executive Order 13751 requiring the federal government to 

continue coordinated efforts to control invasive species. Federal 

agency coordination can be further improved by requiring those 

agencies to implement strategic invasive species programs, 

prioritizing the least-costly of effective methods for controlling and 

managing invasive species, and ensuring most funding is directed 

towards on-the-ground control and management of invasive species. 

Multinational Species Conservation Funds 

The Multinational Species Conservation Funds are federal programs administered by the Fish and Wildlife Service that make 

targeted investments in conservation of several global priority species. The first fund, for African elephants, was authorized by Congress in 1989 to address rampant ivory poaching. Since that time, 

four more funds have been authorized to help protect Asian elephants, great apes, marine turtles, tigers and rhinos. Since 1989, 

these programs have awarded over 2,300 grants, targeting key regions to ensure the protection of these animals, but the authorizations for these programs have expired. 

Prize competitions 

Those dedicated to improving wildlife management and enforcing 

related laws are employing a diverse array of cutting-edge technologies. 

Innovative methods have been developed for fighting invasive 

species both on land and at sea. For example, technology allows the 

selective identification and capture of non-native fish, such as the 

lionfish, through software recognition. In addition, genetics are 

being used to thwart the spread of invasive organisms, while DNA 

technologies is giving wildlife management the ability to monitor 

the progress of specific invasive species with unprecedented precision. These innovations are constantly evolving and improving. 

Drones are being developed and deployed to fight poaching in the 

United States and abroad, DNA analysis is allowing authorities to 

identify the origins of confiscated illicit ivory supplies, and thermal 

4 

imaging is permitting law enforcement to detect the entry of poachers into protected areas. Even common-place technologies such as 

cellphones are being used in imaginative ways, such as outfitting 

recycled units with solar panels and antennas to transmit sounds 

of prohibited activities to proper authorities. This technology is expected to lead to more rapid responses to criminal activity and 

greater apprehension rates. 

Section 105 of the America COMPETES Reauthorization Act 

(P.L. 111–358) amended the Wydler Technology Innovation Act of 

1980 by giving federal agencies the authority to conduct prize competitions in order to spur innovation and advance their core missions. The mission of the Department of the Interior includes 

‘‘protect[ing] and manag[ing] the Nation’s natural resources and 

cultural heritage . . . .’’ 

During the March 15, 2017 hearing before the Committee entitled ‘‘Examining Innovative Solutions to Control Invasive Species 

and Promote Wildlife Conservation,’’ Carter Roberts, President and 

CEO of the World Wildlife Fund testified that prize competitions 

are extremely helpful in leading to important technological breakthroughs that improve wildlife conservation and management. 

OBJECTIVES OF THE LEGISLATION

The objectives of S. 826 are to promote wildlife conservation, assist in the management of invasive species, and help protect endangered species. 

SECTION-BY-SECTION ANALYSIS

Section 1001. Partners for Fish and Wildlife Program reauthorization 

This section reauthorizes the Partners for Fish and Wildlife Program. It authorizes appropriations of not more than $100,000,000 

for each of fiscal years 2018 through 2022. 

Section 2002. Amendments to the Fish and Wildlife Coordination 

Act 

This section amends the Fish and Wildlife Coordination Act (16 

U.S.C. 661) by adding a new section 10 relating to the protection 

of water, oceans, coasts, and wildlife from invasive species. 

This section requires certain federal agencies to plan and carry 

out activities on lands managed by their agencies to protect water 

and wildlife by controlling and managing invasive species. It requires them to develop strategic plans to achieve an annual net reduction in invasive species, by reducing either their populations or 

their areas of infestation. It requires them to use effective invasive 

species management and control methods that: are based on sound 

scientific data; minimize environmental impacts; and do so in the 

least costly manner. It also requires them to perform comparative 

economic assessments of invasive species control and management 

methods. Finally, it requires them to use all tools and flexibilities 

available to expedite projects and activities that are in areas at a 

high risk for invasive species and require immediate action. The 

Committee intends agencies to evaluate the need for, and, if warranted, develop new categorical exclusions for such projects and acVerDate Sep 11 2014 06:40 May 18, 2017 Jkt 069010 PO 00000 Frm 00004 Fmt 6659 Sfmt 6602 E:\HR\OC\SR073.XXX SR073
5 

tivities using existing authorities provided by the National Environmental Policy Act as of the date of enactment of this Act. 

This section requires certain federal agencies to use at least 75 

percent of the appropriated or available funds for on-the-ground 

control and management of invasive species. It allows them to use 

up to 15 percent of such funds for investigations, development activities, and outreach and public awareness efforts relating to 

invasive species control and management. It allows them to use 10 

percent of such funds for administrative costs. 

This section also requires certain federal agencies to submit reports to Congress within a specified period describing how funds 

for programs relating to invasive species management are used. It 

authorizes them to enter into any contract or cooperative agreement to assist with the control and management of invasive species. It requires that each project and activity carried out pursuant 

to this section shall be in coordination with affected local governments. 

Section 3001. Multinational Species Conservation Funds reauthorization 

This section reauthorizes appropriations for the Multinational 

Species Conservation Funds. It reauthorizes the African Elephant 

Conservation Act (16 U.S.C. 4245(a)) from fiscal year 2018 through 

fiscal year 2022. It reauthorizes the Rhinoceros and Tiger Conservation Act of 1994 (16 U.S.C. 5306(a)) from fiscal year 2018 

though fiscal year 2022. It reauthorizes the Asian Elephant Conservation Act of 1997 (16 U.S.C. 4266(a)) from fiscal year 2018 

through fiscal year 2022. It reauthorizes the Great Ape Conservation Act of 2000 (16 U.S.C. 6305) from fiscal year 2018 through fiscal year 2022 and includes a multiyear grant process for eligible 

applicants to carry out projects that demonstrate effective, longterm conservation strategies for great apes and their habitats. It 

reauthorizes the Marine Turtle Conservation Act of 2004 (16 U.S.C. 

6606) from fiscal year 2018 through fiscal year 2022 and expands 

the scope of the Act to include marine turtles located in territories 

of the United States. 

Section 4001. Definitions 

This section defines terms used in Title IV. 

Section 4002. Theodore Roosevelt Genius Prize for the prevention of 

wildlife poaching and trafficking 

This section creates a cash prize for technological innovation for 

the prevention of wildlife poaching and trafficking. 

Section 4003. Theodore Roosevelt Genius Prize for the promotion of 

wildlife conservation 

This section creates a cash prize for technological innovation for 

the promotion of wildlife conservation. 

Section 4004. Theodore Roosevelt Genius Prize for the management 

of invasive species 

This section creates a cash prize for technological innovation for 

the management of invasive species. 

6 

Section 4005. Theodore Roosevelt Genius Prize for the protection of 

endangered species 

This section creates a cash prize for technological innovation for 

the protection of endangered species. 

Section 4006. Theodore Roosevelt Genius Prize for non-lethal management of human-wildlife conflicts 

This section creates a cash prize for technological innovation for 

non-lethal management of human-wildlife conflicts. 

Section 4007. Administration of competitions 

This section provides for the administration of the Theodore Roosevelt Genius Prizes established under sections 4002 through 4006. 

LEGISLATIVE HISTORY

S. 826, the Wildlife Innovation and Longevity Driver Act, was introduced by Senator John Barrasso on April 4, 2017. The bill was 

referred to the Committee. The Committee reported S. 826, as 

amended, favorably on April 5, 2017. 

HEARINGS

On March 15, 2017, the Committee held a hearing entitled Examining Innovative Solutions to Control Invasive Species and Promote Wildlife Conservation. The five witnesses included: Brian 

Nesvik, Chief Game Warden, Wyoming Game and Fish Department; Carter Roberts, President and CEO, World Wildlife Fund; 

Jim Kurth, Acting Director, U.S. Fish & Wildlife Service, U.S. Department of the Interior; Jamie K. Reaser, PhD, Executive Director, National Invasive Species Council (NISC), Secretariat, U.S. Department of the Interior; and David Ullrich, Chairman, The Great 

Lakes Fishery Commission. 

ROLLCALL VOTES

On April 5, 2017, the Committee conducted a business meeting 

to consider S. 826. The Committee considered an amendment in the 

nature of a substitute as original text and favorably reported the 

bill, as amended by the substitute, by voice vote. 

Amendments approved 

Revised Whitehouse #1—An amendment to include the protection 

of oceans and coasts within the purpose of Title II of S. 826 and 

to define the term ‘‘wildlife’’ as enacted under section 8 of the Fish 

and Wildlife Coordination Act (16 U.S.C. 666b) (adopted en bloc 

with Revised Booker #1 by voice vote). 

Revised Booker #1—An amendment to create a prize for innovative technology for non-lethal management of human-wildlife conflict (adopted en bloc with Revised Whitehouse #1 by voice vote). 

Amendments rejected 

None. 

7 

Final Committee vote to report 

S. 826, as amended by the amendment in the nature of a substitute, was approved and favorably reported to the full Senate by 

voice vote. 

REGULATORY IMPACT STATEMENT

In compliance with section 11(b) of rule XXVI of the Standing 

Rules of the Senate, the Committee finds that S. 826 does not create any additional regulatory burdens, nor will it cause any adverse impact on the personal privacy of individuals. 

MANDATES ASSESSMENT

In compliance with the Unfunded Mandates Reform Act of 1995 

(Public Law 104-4), the Committee notes that the Congressional 

Budget Office found that S. 826 contains no intergovernmental or 

private-sector mandates as defined in UMRA and would impose no 

costs on state, local, or tribal governments 

COST OF LEGISLATION

Section 403 of the Congressional Budget and Impoundment Control Act requires that a statement of the cost of the reported bill, 

prepared by the Congressional Budget Office, be included in the report. That statement follows: 

MAY 12, 2017. 

Hon. JOHN BARRASSO, 

Chairman, Committee on Environment and Public Works, 

U.S. Senate, Washington, DC. 

DEAR MR. CHAIRMAN: The Congressional Budget Office has prepared the enclosed cost estimate for S. 826, the WILD Act. 

If you wish further details on this estimate, we will be pleased 

to provide them. The CBO staff contact is Jeff LaFave. 

Sincerely, 

KEITH HALL. 

Enclosure. 

S. 826—WILD Act 

Summary: S. 826 would amend and reauthorize various programs conducted by the U.S. Fish and Wildlife Service (USFWS) 

related to the conservation of wildlife. The bill also would require 

various agencies to carry out certain activities to manage invasive 

species. Finally, the bill would establish prize competitions to promote the development of strategies to enhance wildlife conservation. 

Based on information from the affected agencies, CBO estimates 

that implementing the legislation would cost $607 million over the 

2018–2022 period and $46 million after 2022, assuming appropriation of the authorized and necessary amounts. Enacting S. 826 

would not affect direct spending or revenues; therefore, pay-as-yougo procedures do not apply. 

CBO estimates that enacting S. 826 would not increase net direct 

spending or on-budget deficits in any of the four consecutive 10- 

year periods beginning in 2028. 

8 

S. 826 contains no intergovernmental or private-sector mandates 

as defined in the Unfunded Mandates Reform Act (UMRA) and 

would impose no costs on state, local, or tribal governments. 

Estimated cost to the Federal Government: The estimated budgetary impact of S. 826 is shown in the following table. The costs 

of this legislation fall within budget function 300 (natural resources 

and environment). 

By fiscal year, in millions of dollars— 

2017 2018 2019 2020 2021 2022 2017– 

2022 

INCREASES IN SPENDING SUBJECT TO APPROPRIATION 

Partners for Fish and Wildlife: 

Authorization Level ............................... 0 100 100 100 100 100 500 

Estimated Outlays ................................ 0 77 92 96 99 100 464 

Species Conservation Programs: 

Authorization Level ............................... 0 30 30 30 30 30 150 

Estimated Outlays ................................ 0 23 28 29 30 30 140 

Prize Competitions: 

Estimated Authorization Level .............. 0 1 1 1 1 1 3 

Estimated Outlays ................................ 0 1 1 1 1 1 3 

Total Increases: 

Estimated Authorization Level ..... 0 131 131 131 131 131 653 

Estimated Outlays ....................... 0 101 120 125 130 131 607 

Note: Components may not sum to totals because of rounding. 

Basis of estimate: For this estimate, CBO assumes that the legislation will be enacted near the end of 2017 and that the authorized 

and necessary amounts will be appropriated for each fiscal year. 

Estimated outlays are based on historical spending patterns for 

similar programs. Title I would authorize the appropriation of $100 

million a year over the 2018–2022 period to fund the Partners for 

Fish and Wildlife program. Under the program, the USFWS provides technical assistance and cost-share incentives to private landowners to restore fish and wildlife habitats. In 2017, the USFWS 

received appropriations totaling $52 million to carry out that program. Based on information provided by the agency, CBO estimates that carrying out title I would cost $464 million over the 

2018–2022 period and $36 million after 2022. 

Title III would authorize the appropriation of $30 million a year 

over the 2018–2022 period to carry out programs aimed at conserving various species including elephants, rhinoceros, tigers, 

great apes, and marine turtles. In 2017, the USFWS received appropriations totaling $11 million to carry out those programs. 

Based on information provided by the agency, CBO estimates that 

carrying out title III would cost $140 million over the 2018–2022 

period and $10 million after 2022. 

Title IV would require USFWS to establish five annual prize 

competitions to reward individuals who advance efforts related to 

wildlife conservation. Under the bill, the agency would award each 

prize winner $100,000 in cash. Based on information provided by 

USFWS, CBO estimates that administering the prize competitions 

would cost about $3 million over the 2018–2022 period. 

Title II would require the Army Corps of Engineers and agencies 

within the Department of the Interior to carry out activities to control and manage invasive species. Because the affected agencies are 

already meeting most of the requirements under title II, we estimate that implementing that title would cost less than $500,000 

9 

over the 2018–2022 period for planning and reporting activities required under the bill. 

Pay-As-You-Go considerations: None. 

Increase in long term direct spending and deficits: CBO estimates that enacting S. 826 would not increase net direct spending 

or on-budget deficits in any of the four consecutive 10-year periods 

beginning in 2028. 

Intergovernmental and private-sector impact: S. 826 contains no 

intergovernmental or private-sector mandates as defined in UMRA. 

The bill would authorize federal assistance for state, local, and tribal governments to control invasive species and protect endangered 

species. Any costs incurred by those entities, under cooperative 

agreements with federal agencies or as cost-sharing contributions, 

would result from conditions of federal assistance. 

Estimate prepared by: Federal costs: Jeff LaFave; Impact on 

state, local, and tribal governments: Jon Sperl; Impact on the private sector: Amy Petz. 

Estimate approved by: H. Samuel Papenfuss, Deputy Assistant 

Director for Budget Analysis. 

CHANGES IN EXISTING LAW

In compliance with section 12 of rule XXVI of the Standing Rules 

of the Senate, changes in existing law made by the bill as reported 

are shown as follows: Existing law proposed to be omitted is enclosed in øblack brackets¿, new matter is printed in italic, existing 

law in which no change is proposed is shown in roman: 

* * * * * * * 

PARTNERS FOR FISH AND WILDLIFE ACT 

[PUBLIC LAW 109–294—OCT. 3, 2006, 120 STAT. 1351] 

SEC. 1. <<NOTE: 16 USC 3771 note.>> SHORT TITLE. 

This Act may be cited as the ‘‘Partners for Fish and Wildlife Act’’. 

* * * * * * * 

SEC. 5. AUTHORIZATION OF <<NOTE: 16 USC 3774.>> APPROPRIATIONS. 

There is authorized to be appropriated to carry out this Act not 

more than ø75,000,000 for each of fiscal years 2006 through 2011¿ 

$100,000,000 for each of fiscal years 2018 through 2022. 

* * * * * * * 

FISH AND WILDLIFE COORDINATION ACT

(16 U.S.C. 661)

Be it enacted by the Senate and House of Representatives of the 

United States of America in Congress assembled, ø16 U.S.C. 661¿ 

øFor the purpose¿ 

SECTION 1. SHORT TITLE; AUTHORIZATION. 

(a) SHORT TITLE.—This Act may be cited as the ‘Fish and Wildlife 

Coordination Act’. 

(b) AUTHORIZATION.—For the purpose of recognizing the vital contribution of our wildlife resources to the Nation, the increasing 

public interest and significance thereof due to expansion of our naVerDate Sep 11 2014 07:20 May 18, 2017 Jkt 069010 PO 00000 Frm 00009 Fmt 6659 Sfmt 6602 E:\HR\OC\SR073.XXX SR073
10 

tional economy and other factors, and to provide that wildlife conservation shall receive equal consideration and be coordinated with 

other features of water-resource development programs through the 

effectual and harmonious planning, development, maintenance, and 

coordination of wildlife conservation and rehabilitation for the purposes of this Act in the United States, its Territories and possessions, the Secretary of the Interior is authorized (1) to provide assistance to, and cooperate with, Federal, State, and public or private agencies and organizations in the development, protection, 

rearing, and stocking of all species of wildlife, resources thereof, 

and their habitat, in controlling losses of the same from disease or 

other causes, in minimizing damages from overabundant species, in 

providing public shooting and fishing areas, including easements 

across public lands for access thereto, and in carrying out other 

measures necessary to effectuate the purposes of this Act; (2) to 

make surveys and investigations of the wildlife of the public domain, including lands and waters or interests therein acquired or 

controlled by any agency of the United States; and (3) to accept donations of land and contributions of funds in furtherance of the 

purposes of this Act. 

* * * * * * * 

SEC. 9. ø16 U.S.C. 666c¿ The provisions of this Act shall not apply to the 

Tennessee Valley Authority. 

SEC. 10. PROTECTION OF WATER, OCEANS, COASTS, AND WILDLIFE FROM 

INVASIVE SPECIES. 

(a) DEFINITIONS.—In this section: 

(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) Guam; 

(E) American Samoa; 

(F) the Commonwealth of the Northern Mariana Islands; 

and 

(G) 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. 

11 

(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 Army, acting through the Chief 

of Engineers, with respect to Federal land administered by 

the Corps of Engineers; 

(B) the Secretary of the Interior, with respect to Federal 

land administered by the Secretary of the Interior 

through— 

(i) the United States Fish and Wildlife Service; 

(ii) the Bureau of Indian Affairs; 

(iii) the Bureau of Land Management; 

(iv) the Bureau of Reclamation; or 

(v) the National Park Service; 

(C) the Secretary of Agriculture, with respect to Federal 

land administered by the Secretary of Agriculture through 

the Forest Service; and 

(D) the head or a representative of any other Federal 

agency the duties of whom require planning relating to, 

and the treatment of, invasive species for the purpose of 

protecting water and wildlife on land and coasts and in 

oceans and water. 

(8) SPECIES.—The term ‘species’ means a group of organisms, 

all of which— 

(A) have a high degree of genetic similarity; 

(B) are morphologically distinct; 

(C) generally— 

(i) interbreed at maturity only among themselves; 

and 

(ii) produce fertile offspring; and 

(D) show persistent differences from members of allied 

groups of organisms. 

12 

(b) CONTROL AND MANAGEMENT.—Each Secretary concerned shall 

plan and carry out activities on land directly managed by the Secretary concerned to protect water and wildlife by controlling and 

managing invasive species— 

(1) to inhibit or reduce the populations of invasive species; 

and 

(2) to effectuate restoration or reclamation efforts. 

(c) 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 or water 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 1 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. 

(d) 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 conducted as part of a strategic plan developed under subsection (c), the Secretary concerned shall prioritize 

the use of methods that— 

(1) effectively control and manage invasive species, as determined by the Secretary concerned, based on sound scientific 

data; 

(2) minimize environmental impacts; and 

(3) control and manage invasive species in the least costly 

manner. 

(e) COMPARATIVE ECONOMIC ASSESSMENT.—To achieve compliance with subsection (d), the Secretary concerned shall require a 

comparative economic assessment of invasive species control and 

management methods to be conducted. 

(f) EXPEDITED ACTION.— 

(1) IN GENERAL.—The Secretaries concerned shall use all 

tools and flexibilities available (as of the date of enactment of 

this section) to expedite the projects and activities described in 

paragraph (2). 

(2) DESCRIPTION OF PROJECTS AND ACTIVITIES.—A project or 

activity referred to in paragraph (1) is a project or activity— 

(A) to protect water or wildlife from an invasive species 

that, as determined by the Secretary concerned is, or will 

be, carried out on land or water that is— 

(i) directly managed by the Secretary concerned; and 

(ii) located in an area that is— 

13 

(I) at high risk for the introduction, establishment, or spread of invasive species; and 

(II) determined by the Secretary concerned to require immediate action to address the risk identified in subclause (I); and 

(B) carried out in accordance with applicable agency procedures, including any applicable— 

(i) land or resource management plan; or 

(ii) land use plan. 

(g) ALLOCATION OF FUNDING.—Of the amount appropriated or 

otherwise made available to each Secretary concerned for a fiscal 

year for programs that address or include protection of land or 

water from an invasive species, the Secretary concerned shall use 

not less than 75 percent for on-the-ground control and management 

of invasive species, which may include— 

(1) the purchase of necessary products, equipment, or services 

to conduct that control and management; 

(2) the use of integrated pest management options, including 

options that use 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; 

(5) the use of monitoring and detection activities for invasive 

species, including equipment, detection dogs, and mechanical 

devices; 

(6) the use of appropriate methods to remove invasive species 

from a vehicle or vessel capable of conveyance; or 

(7) the use of other effective mechanical or manual control 

methods. 

(h) 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 protection of land or water from an invasive species, 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. 

(i) ADMINISTRATIVE COSTS.—Of the amount appropriated or otherwise made available to each Secretary concerned for a fiscal year for 

programs that address or include protection of land or water from 

an invasive species, 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 

subsection (c). 

(j) REPORTING REQUIREMENTS.—Not later than 60 days after the 

end of the second fiscal year beginning after the date of enactment 

of this section, 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 

14 

(2) specifying the percentage of funds expended for each of the 

purposes specified in subsections (g), (h), and (i). 

(k) RELATION TO OTHER AUTHORITY.— (1) OTHER INVASIVE SPECIES CONTROL, PREVENTION, AND

MANAGEMENT AUTHORITIES.—Nothing in this section 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 section 

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. 

(l) USE OF PARTNERSHIPS.—Subject to the subsections (m) and (n), 

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. 

(m) MEMORANDUM OF UNDERSTANDING.— (1) IN GENERAL.—As a condition of a contract or cooperative 

agreement under subsection (l), 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 of land or area of 

water infested by the invasive species. 

(C) An estimate of the expected total acres of land or area 

of water 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 (l) 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 

15 

(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 (l) 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. 

(n) INVESTIGATIONS.—The purpose of any invasive species-related 

investigation carried out under a contract or cooperative agreement 

under subsection (l) 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. 

(o) COORDINATION WITH AFFECTED LOCAL GOVERNMENTS.—Each 

project and activity carried out pursuant to this section shall be coordinated with affected local governments in a manner that is consistent with section 202(c)(9) of the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1712(c)(9)). 

AFRICAN ELEPHANT CONSERVATION ACT 

* * * * * * * 

SEC. 2001. ø16 U.S.C. 4201 note¿ SHORT TITLE. 

This title may be cited as the ‘‘African Elephant Conservation 

Act’’. 

SEC. 2306. ø16 U.S.C. 4245¿ AUTHORIZATION OF APPROPRIATIONS. 

(a) IN GENERAL.—There is authorized to be appropriated to the Fund and to the Secretary a total of not to exceed $5,000,000 for 

each of fiscal years ø2007 through 2012¿ 2018 through 2022 to 

carry out this title, to remain available until expended. 

(b) ADMINISTRATIVE EXPENSES.—Of amounts available each fiscal 

year to carry out this title, the Secretary may expend not more 

than 3 percent or $100,000, whichever is greater, to pay the administrative expenses necessary to carry out this title. 

* * * * * * * 

ASIAN ELEPHANT CONSERVATION ACT OF 1997 

* * * * * * * 

SECTION 1. ø16 U.S.C. 4261 note¿ SHORT TITLE. 

This Act may be cited as the ‘‘Asian Elephant Conservation Act 

of 1997’’. 

* * * * * * * 

SEC. 8. ø16 U.S.C. 4266¿ AUTHORIZATION OF APPROPRIATIONS. 

(a) IN GENERAL.—There is authorized to be appropriated to the Fund $5,000,000 for each of fiscal years ø2007 through 2012¿ 2018 

through 2022 to carry out this Act, which may remain available 

until expended. 

(b) ADMINISTRATIVE EXPENSES.—Of amounts available each fiscal 

year to carry out this Act, the Secretary may expend not more than 

16 

3 percent or $100,000, whichever is greater, to pay the administrative expenses necessary to carry out this Act. 

* * * * * * * 

RHINOCEROS AND TIGER CONSERVATION ACT OF 1994 

* * * * * * * 

SEC. 1. ø16 U.S.C. 5301 note¿ SHORT TITLE. 

This Act may be cited as the ‘‘Rhinoceros and Tiger Conservation 

Act of 1994’’. 

* * * * * * * 

SEC. 10. ø16 U.S.C. 5306¿ AUTHORIZATION OF APPROPRIATIONS. 

(a) IN GENERAL.—There is authorized to be appropriated to the 

Fund $10,000,000 for each of fiscal years ø2007 through 2012¿ 

2018 through 2022 to carry out this Act, to remain available until 

expended. 

(b) ADMINISTRATIVE EXPENSES.—Of amounts available each fiscal 

year to carry out this Act, the Secretary may expend not more than 

3 percent or $100,000, whichever is greater, to pay the administrative expenses necessary to carry out this Act. 

* * * * * * * 

GREAT APE CONSERVATION ACT OF 2000 

[16 U.S.C. 6303]

* * * * * * * 

SEC. 6303. Great ape conservation assistance 

(a) IN GENERAL.— Subject to the availability of funds and in consultation with other appropriate Federal officials, the Secretary 

shall use amounts in the Fund to provide financial assistance for 

projects for the conservation of great apes for which project proposals are approved by the Secretary in accordance with this section. 

* * * * * * * 

(i) PANEL.— ø(1) IN GENERAL.— Every 2 years, the Secretary may convene a panel of experts to identify the greatest needs for the 

conservation of great apes.¿ 

(1) CONVENTION.—Not later than 1 year after the date of the 

enactment of the Wildlife Innovation and Longevity Driver Act, 

and every 5 years thereafter, the Secretary shall convene a 

panel of experts on great apes to identify the greatest needs and 

priorities for the conservation of great apes. 

(2) COMPOSITION.—The Secretary shall ensure that the panel 

referred to in paragraph (1) includes, to the maximum extent 

practicable, 1 or more representatives— 

(A) from each country that comprises the natural range 

of great apes; and 

(B) with expertise in great ape conservation. 

(3) CONSERVATION PLANS.—In identifying the conservation 

needs and priorities under paragraph (1), the panel referred to 

in that paragraph shall consider any relevant great ape conVerDate Sep 11 2014 06:40 May 18, 2017 Jkt 069010 PO 00000 Frm 00016 Fmt 6659 Sfmt 6602 E:\HR\OC\SR073.XXX SR073
17 

servation plan or strategy, including scientific research and 

findings relating to— 

(A) the conservation needs and priorities of great apes; 

(B) any regional or species-specific action plan or strategy; 

(C) any applicable strategy developed or initiated by the 

Secretary; and 

(D) any other applicable conservation plan or strategy. 

‘‘(4) FUNDS.—Subject to the availability of appropriations, the 

Secretary may use amounts available to the Secretary to pay for 

the costs of convening and facilitating any meeting of the panel 

referred to in paragraph (1). 

ø(2)¿ (5) APPLICABILITY OF FACA.—The Federal Advisory 

Committee Act (5 App. U.S.C.) shall not apply to a panel convened under paragraph (1). 

(j) MULTIYEAR GRANTS.— 

(1) AUTHORIZATION.—The Secretary may award to a person 

who is otherwise eligible for a grant under this section a 

multiyear grant to carry out a project that the person demonstrates is an effective, long-term conservation strategy for 

great apes and the habitat of great apes. 

(2) EFFECT OF SUBSECTION.—Nothing in this subsection precludes the Secretary from awarding a grant on an annual 

basis. 

SEC. 6304. Great Ape Conservation Fund 

(a) ESTABLISHMENT.—There is established in the Multinational 

Species Conservation Fund a separate account to be known as the 

‘‘Great Ape Conservation Fund’’, consisting of- 

(1) amounts transferred to the Secretary of the Treasury for 

deposit into the Fund under subsection (e); 

(2) amounts appropriated to the Fund under section 6305 of 

this title; and 

(3) any interest earned on investment of amounts in the 

Fund under subsection (c). 

(b) EXPENDITURES FROM FUND.— 

(1) IN GENERAL.—Subject to paragraph (2), upon request by 

the Secretary, the Secretary of the Treasury shall transfer 

from the Fund to the Secretary, without further appropriation, 

such amounts as the Secretary determines are necessary to 

provide assistance under section 6303 of this title. 

(2) ADMINISTRATIVE EXPENSES.—Of the amounts in the account available for each fiscal year, the Secretary may expend 

not more than 3 percent, or up to ø$100,000¿ $150,000, whichever is greater, to pay the administrative expenses necessary 

to carry out this chapter. 

SEC. 6305. Authorization of appropriations 

There are authorized to be appropriated to the Fund $5,000,000 

for each of fiscal years ø2006 through 2010¿ 2018 through 2022. 

* * * * * * * 

18 

MARINE TURTLE CONSERVATION ACT OF 2004 

[16 U.S.C. 6601]

SEC. 6601. Findings and purposes 

(a) FINDINGS.—The Congress finds that- 

(1)* * * 

* * * * * * * 

(b) PURPOSE.—The purpose of this chapter is to assist in the conservation of marine turtles and the nesting habitats of marine turtles in foreign countries and territories of the United States by supporting and providing financial resources for projects to conserve 

the nesting habitats, conserve marine turtles in those habitats, and 

address other threats to the survival of marine turtles. 

SEC. 6602. Definitions In this chapter: 

(1) CITES.—The term ‘‘CITES’’ means the Convention on 

International Trade in Endangered Species of Wild Fauna and 

Flora (27 UST 1087; TIAS 8249). 

(2) CONSERVATION.—The term ‘‘conservation’’ means the use 

of all methods and procedures necessary to protect nesting 

habitats of marine turtles in foreign countries and territories 

of the United States and of marine turtles in those habitats, 

including- 

(A)* * * 

* * * * * * * 

(3) FUND.—The term ‘‘Fund’’ means the Marine Turtle Conservation Fund established by section 6604 of this title. 

* * * * * * * 

(6) SECRETARY.—The term ‘‘Secretary’’ means the Secretary 

of the Interior. 

(7) TERRITORY OF THE UNITED STATES.—The term ‘territory of 

the United States’ means— 

(A) the Commonwealth of Puerto Rico; 

(B) Guam; 

(C) American Samoa; 

(D) the Commonwealth of the Northern Mariana Islands; 

(E) the United States Virgin Islands; and 

(F) any other territory or possession of the United States. 

SEC. 6603. Marine turtle conservation assistance 

(a) IN GENERAL.—Subject to the availability of funds and in consultation with other Federal officials, the Secretary shall use 

amounts in the Fund to provide financial assistance for projects for 

the conservation of marine turtles for which project proposals are 

approved by the Secretary in accordance with this section. 

(b) PROJECT PROPOSALS.— 

(1) ELIGIBLE APPLICANTS.—A proposal for a project for the 

conservation of marine turtles may be submitted to the Secretary by- 

(A) any wildlife management authority of a foreign country or a territory of the United States that has within its 

boundaries marine turtle nesting habitat if the activities of 

the authority directly or indirectly affect marine turtle 

conservation; or 

19 

(B) any other person or group with the demonstrated expertise required for the conservation of marine turtles. 

* * * * * * * 

(d) CRITERIA FOR APPROVAL.—The Secretary may approve a 

project proposal under this section if the project will help recover 

and sustain viable populations of marine turtles in the wild by assisting efforts in øforeign countries¿ a foreign country or a territory 

of the United States to implement marine turtle conservation programs. 

* * * * * * * 

SEC. 6604. Marine Turtle Conservation Fund 

(a) ESTABLISHMENT.—There is established in the Multinational 

Species Conservation Fund a separate account to be known as the 

′′Marine Turtle Conservation Fund′′, consisting of- 

(1) * * * 

* * * * * * * 

(b) 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, without further appropriation, such 

amounts as the Secretary determines are necessary to carry 

out section 6603 of this title. 

(2) ADMINISTRATIVE EXPENSES.—Of the amounts in the account available for each fiscal year, the Secretary may expend 

not more than 3 percent, or up to ø$80,000¿ $150,000, whichever is greater, to pay the administrative expenses necessary 

to carry out this chapter. 

* * * * * * * 

SEC. 6606. Authorization of appropriations 

There is authorized to be appropriated to the Fund 5,000,000 for 

øeach of fiscal years 2005 through 2009¿ each of fiscal years 2018 

through 2022. 

Æ