I 

115TH CONGRESS 

1ST SESSION H. R. 1330 

To improve the control and management of invasive species that threaten 

and harm Federal land under the jurisdiction of the Secretary of Agriculture and the Secretary of the Interior, and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

MARCH 2, 2017 

Mr. AMODEI introduced the following bill; which was referred to the Committee on Natural Resources, and in addition to the Committee on Agriculture, for a period to be subsequently determined by the Speaker, in 

each case for consideration of such provisions as fall within the jurisdiction of the committee concerned 

A BILL 

To improve the control and management of invasive species 

that threaten and harm Federal land under the jurisdiction of the Secretary of Agriculture and the Secretary 

of the Interior, and for other purposes. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Federal Land Invasive 

5 Species Control, Prevention, and Management Act’’. 


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1 SEC. 2. PURPOSE. 

2 The purpose of this Act is to ensure the effective 

3 management of Federal land, including National Monu4 ments and National Heritage Areas, to protect from 

5 invasive species important natural resources, including— 

6 (1) soil; 

7 (2) vegetation; 

8 (3) archeological sites; 

9 (4) water resources; and 

10 (5) rare or unique habitats. 

11 SEC. 3. DEFINITIONS. 

12 In this Act: 

13 (1) CONTROL.—The term ‘‘control’’, with re14 spect to an invasive species, means the eradication, 

15 suppression, or reduction of the population of the 

16 invasive species within the area in which the invasive 

17 species is present. 

18 (2) ECOSYSTEM.—The term ‘‘ecosystem’’ 

19 means the complex of a community of organisms 

20 and the environment of the organisms. 

21 (3) ELIGIBLE STATE.—The term ‘‘eligible 

22 State’’ means any of— 

23 (A) a State; 

24 (B) the District of Columbia; 

25 (C) the Commonwealth of Puerto Rico; 

26 (D) American Samoa; 


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1 (E) Guam; and 

2 (F) the United States Virgin Islands. 

3 (4) INVASIVE SPECIES.— 

4 (A) IN GENERAL.—The term ‘‘invasive 

5 species’’ means an alien species, the introduc6 tion of which causes, or is likely to cause, eco7 nomic or environmental harm or harm to 

8 human health. 

9 (B) ASSOCIATED DEFINITION.—For pur10 poses of subparagraph (A), the term ‘‘alien spe11 cies’’, with respect to a particular ecosystem, 

12 means any species (including the seeds, eggs, 

13 spores, or other biological material of the spe14 cies that are capable of propagating the species) 

15 that is not native to the affected ecosystem. 

16 (C) INCLUSION.—The terms ‘‘invasive spe17 cies’’ and ‘‘alien species’’ include any terrestrial 

18 or aquatic species determined by the relevant 

19 tribal, regional, State, or local authority to meet 

20 the requirements of subparagraph (A) or (B), 

21 as applicable. 

22 (5) MANAGE; MANAGEMENT.—The terms ‘‘man23 age’’ and ‘‘management’’, with respect to an invasive 

24 species, mean the active implementation of any ac25 tivity— 


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1 (A) to reduce or stop the spread of the 

2 invasive species; and 

3 (B) to inhibit further infestations of the 

4 invasive species, the spread of the invasive spe5 cies, or harm caused by the invasive species, in6 cluding investigations regarding methods for 

7 early detection and rapid response, prevention, 

8 control, or management of the invasive species. 

9 (6) PREVENT.—The term ‘‘prevent’’, with re10 spect to an invasive species, means— 

11 (A) to hinder the introduction of the 

12 invasive species onto land or water; or 

13 (B) to impede the spread of the invasive 

14 species within land or water by inspecting, 

15 intercepting, or confiscating invasive species 

16 threats prior to the establishment of the 

17 invasive species onto land or water of an eligible 

18 State. 

19 (7) SECRETARY CONCERNED.—The term ‘‘Sec20 retary concerned’’ means— 

21 (A) the Secretary of the Interior, with re22 spect to Federal land administered by the Sec23 retary of the Interior through— 

24 (i) the Bureau of Indian Affairs; 

25 (ii) the Bureau of Land Management; 


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1 (iii) the Bureau of Reclamation; 

2 (iv) the National Park Service; or 

3 (v) the United States Fish and Wild4 life Service; 

5 (B) the Secretary of Agriculture, with re6 spect to Federal land administered by the Sec7 retary of Agriculture through the Forest Serv8 ice; and 

9 (C) the head or a representative of any 

10 other Federal agency the duties of whom re11 quire planning relating to, and the treatment 

12 of, invasive species on Federal land. 

13 (8) SPECIES.—The term ‘‘species’’ means a 

14 group of organisms, all of which— 

15 (A) have a high degree of physical and ge16 netic similarity; 

17 (B) generally interbreed only among them18 selves; and 

19 (C) show persistent differences from mem20 bers of allied groups of organisms. 

21 SEC. 4. FEDERAL EFFORTS TO CONTROL AND MANAGE 

22 INVASIVE SPECIES ON FEDERAL LAND. 

23 (a) CONTROL AND MANAGEMENT.—Each Secretary 

24 concerned shall plan and carry out activities on land diVerDate Sep 11 2014 03:24 Mar 08, 2017 Jkt 069200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\H1330.IH H1330

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1 rectly managed by the Secretary concerned to control and 

2 manage invasive species— 

3 (1) to inhibit or reduce the populations of 

4 invasive species; and 

5 (2) to effectuate restoration or reclamation ef6 forts. 

7 (b) STRATEGIC PLAN.— 

8 (1) IN GENERAL.—Each Secretary concerned 

9 shall develop a strategic plan for the implementation 

10 of the invasive species program to achieve, to the 

11 maximum extent practicable, a substantive annual 

12 net reduction of invasive species populations or in13 fested acreage on land managed by the Secretary 

14 concerned. 

15 (2) COORDINATION.—Each strategic plan under 

16 paragraph (1) shall be developed— 

17 (A) in coordination with affected— 

18 (i) eligible States; 

19 (ii) political subdivisions of eligible 

20 States; and 

21 (iii) federally recognized Indian tribes; 

22 and 

23 (B) in accordance with the priorities estab24 lished by one or more Governors of the eligible 


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1 States in which an ecosystem affected by an 

2 invasive species is located. 

3 (3) FACTORS FOR CONSIDERATION.—In devel4 oping a strategic plan under this subsection, the 

5 Secretary concerned shall take into consideration the 

6 economic and ecological costs of action or inaction, 

7 as applicable. 

8 SEC. 5. PROGRAM FUNDING ALLOCATIONS. 

9 (a) CONTROL AND MANAGEMENT.—Of the amount 

10 appropriated or otherwise made available to each Sec11 retary concerned for a fiscal year for programs that ad12 dress or include invasive species management, the Sec13 retary concerned shall use not less than 75 percent for 

14 on-the-ground control and management of invasive spe15 cies, including through— 

16 (1) the purchase of necessary products, equip17 ment, or services to conduct that control and man18 agement; 

19 (2) the use of integrated pest management op20 tions, including pesticides authorized for sale, dis21 tribution, or use under the Federal Insecticide, Fun22 gicide, and Rodenticide Act (7 U.S.C. 136 et seq.); 

23 (3) the use of biological control agents that are 

24 proven to be effective to reduce invasive species pop25 ulations; 


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1 (4) the use of revegetation or cultural restora2 tion methods designed to improve the diversity and 

3 richness of ecosystems; or 

4 (5) the use of other effective mechanical or 

5 manual control methods. 

6 (b) INVESTIGATIONS, OUTREACH, AND PUBLIC

7 AWARENESS.—Of the amount appropriated or otherwise 

8 made available to each Secretary concerned for a fiscal 

9 year for programs that address or include invasive species 

10 management, the Secretary concerned may use not more 

11 than 15 percent for investigations, development activities, 

12 and outreach and public awareness efforts to address 

13 invasive species control and management needs. 

14 (c) ADMINISTRATIVE COSTS.—Of the amount appro15 priated or otherwise made available to each Secretary con16 cerned for a fiscal year for programs that address or in17 clude invasive species management, not more than 10 per18 cent may be used for administrative costs incurred to 

19 carry out those programs, including costs relating to over20 sight and management of the programs, recordkeeping, 

21 and implementation of the strategic plan developed under 

22 section 4(b). 

23 (d) REPORTING REQUIREMENTS.—Not later than 60 

24 days after the end of the second fiscal year beginning after 


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1 the date of enactment of this Act, each Secretary con2 cerned shall submit to Congress a report— 

3 (1) describing the use by the Secretary con4 cerned during the 2 preceding fiscal years of funds 

5 for programs that address or include invasive species 

6 management; and 

7 (2) specifying the percentage of funds expended 

8 for each of the purposes specified in subsections (a), 

9 (b), and (c). 

10 SEC. 6. PRUDENT USE OF FUNDS. 

11 (a) COST-EFFECTIVE METHODS.—In selecting a 

12 method to be used to control or manage an invasive species 

13 as part of a specific control or management project, the 

14 Secretary concerned shall prioritize the use of the least15 costly option, based on sound scientific data and other 

16 commonly used, cost-effective benchmarks, in an area to 

17 effectively control and manage invasive species. 

18 (b) COMPARATIVE ECONOMIC ASSESSMENT.—To 

19 achieve compliance with subsection (a), the Secretary con20 cerned shall require a comparative economic assessment 

21 of invasive species control and management methods to 

22 be conducted. 

23 (c) CATEGORICAL EXCLUSIONS.— 

24 (1) IN GENERAL.—An invasive species control 

25 or management project or activity described in paraVerDate Sep 11 2014 03:24 Mar 08, 2017 Jkt 069200 PO 00000 Frm 00009 Fmt 6652 Sfmt 6201 E:\BILLS\H1330.IH H1330

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1 graph (2) is categorically excluded from the require2 ment to prepare an environmental assessment or an 

3 environmental impact statement under the National 

4 Environmental Policy Act of 1969 (42 U.S.C. 4321 

5 et seq.) during the period for which the Secretary 

6 concerned determines that the project or activity is 

7 otherwise conducted in accordance with applicable 

8 agency procedures, including any land and resource 

9 management plan or land use plan applicable to the 

10 area. 

11 (2) DESCRIPTION OF PROJECTS AND ACTIVI12 TIES.—A project or activity referred to in paragraph 

13 (1) is a project or activity that, as determined by the 

14 Secretary concerned— 

15 (A) is, or will be, carried out on land or 

16 water that is— 

17 (i) directly managed by the Secretary 

18 concerned; and 

19 (ii) located in a prioritized, high-risk 

20 area; and 

21 (B) involves the treatment of any land or 

22 waterway located within 1,000 feet of— 

23 (i) any port of entry to the United 

24 States, including— 

25 (I) a water body or waterway; 


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1 (II) a railroad line; 

2 (III) an airport; and 

3 (IV) a roadside or highway; 

4 (ii) a water project; 

5 (iii) a utility or telephone infrastruc6 ture or right-of-way; 

7 (iv) a campground; 

8 (v) a National Heritage Area; 

9 (vi) a National Monument; 

10 (vii) a park or other recreational site; 

11 (viii) a school; or 

12 (ix) any other similar, valuable infra13 structure. 

14 (d) RELATION TO OTHER AUTHORITY.— 

15 (1) OTHER INVASIVE SPECIES CONTROL, PRE16 VENTION, AND MANAGEMENT AUTHORITIES.—Noth17 ing in this Act precludes the Secretary concerned 

18 from pursuing or supporting, pursuant to any other 

19 provision of law, any activity regarding the control, 

20 prevention, or management of an invasive species, 

21 including investigations to improve the control, pre22 vention, or management of the invasive species. 

23 (2) PUBLIC WATER SUPPLY SYSTEMS.—Nothing 

24 in this Act authorizes the Secretary concerned to 

25 suspend any water delivery or diversion, or otherwise 


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1 to prevent the operation of a public water supply 

2 system, as a measure to control, manage, or prevent 

3 the introduction or spread of an invasive species. 

4 SEC. 7. USE OF PARTNERSHIPS. 

5 (a) IN GENERAL.—Subject to the requirements of 

6 this section, the Secretary concerned may enter into any 

7 contract or cooperative agreement with another Federal 

8 agency, an eligible State, a political subdivision of an eligi9 ble State, or a private individual or entity to assist with 

10 the control and management of an invasive species. 

11 (b) MEMORANDUM OF UNDERSTANDING.— 

12 (1) IN GENERAL.—As a condition of a contract 

13 or cooperative agreement under subsection (a), the 

14 Secretary concerned and the applicable Federal 

15 agency, eligible State, political subdivision of an eli16 gible State, or private individual or entity shall enter 

17 into a memorandum of understanding that de18 scribes— 

19 (A) the nature of the partnership between 

20 the parties to the memorandum of under21 standing; and 

22 (B) the control and management activities 

23 to be conducted under the contract or coopera24 tive agreement. 


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1 (2) CONTENTS.—A memorandum of under2 standing under this subsection shall contain, at a 

3 minimum, the following: 

4 (A) A prioritized listing of each invasive 

5 species to be controlled or managed. 

6 (B) An assessment of the total acres or 

7 area infested by the invasive species. 

8 (C) An estimate of the expected total acres 

9 or area infested by the invasive species after 

10 control and management of the invasive species 

11 is attempted. 

12 (D) A description of each specific, inte13 grated pest management option to be used, in14 cluding a comparative economic assessment to 

15 determine the least-costly method. 

16 (E) Any map, boundary, or Global Posi17 tioning System coordinates needed to clearly 

18 identify the area in which each control or man19 agement activity is proposed to be conducted. 

20 (F) A written assurance that each partner 

21 will comply with section 15 of the Federal Nox22 ious Weed Act of 1974 (7 U.S.C. 2814). 

23 (3) COORDINATION.—If a partner to a contract 

24 or cooperative agreement under subsection (a) is an 

25 eligible State, political subdivision of an eligible 


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1 State, or private individual or entity, the memo2 randum of understanding under this subsection shall 

3 include a description of— 

4 (A) the means by which each applicable 

5 control or management effort will be coordi6 nated; and 

7 (B) the expected outcomes of managing 

8 and controlling the invasive species. 

9 (4) PUBLIC OUTREACH AND AWARENESS EF10 FORTS.—If a contract or cooperative agreement 

11 under subsection (a) involves any outreach or public 

12 awareness effort, the memorandum of understanding 

13 under this subsection shall include a list of goals and 

14 objectives for each outreach or public awareness ef15 fort that have been determined to be efficient to in16 form national, regional, State, or local audiences re17 garding invasive species control and management. 

18 (c) INVESTIGATIONS.—The purpose of any invasive 

19 species-related investigation carried out under a contract 

20 or cooperative agreement under subsection (a) shall be— 

21 (1) to develop solutions and specific rec22 ommendations for control and management of 

23 invasive species; and 

24 (2) specifically to provide faster implementation 

25 of control and management methods. 


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1 SEC. 8. COORDINATION WITH AFFECTED LOCAL GOVERN2 MENTS. 

3 Each project and activity carried out pursuant to this 

4 Act shall be coordinated with affected local governments, 

5 in accordance with section 202(c)(9) of the Federal Land 

6 Policy and Management Act of 1976 (43 U.S.C. 

7 1712(c)(9)). 

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