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[Congressional Bills 108th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3479 Enrolled Bill (ENR)]

        H.R.3479

                       One Hundred Eighth Congress

                                 of the

                        United States of America

                          AT THE SECOND SESSION

          Begun and held at the City of Washington on Tuesday,
           the twentieth day of January, two thousand and four

                                 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).
        (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 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.
        (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:
        (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 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.

                               Speaker of the House of Representatives.

                            Vice President of the United States and    
                                               President of the Senate.
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