I 

113TH CONGRESS 

2D SESSION H. R. 3994 

To improve the control and management of invasive species that threaten 

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

IN THE HOUSE OF REPRESENTATIVES 

FEBRUARY 5, 2014 

Mr. BISHOP of Utah (for himself and Mr. HORSFORD) 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 lands 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; TABLE OF CONTENTS. 

4 (a) SHORT TITLE.—This Act may be cited as the 

5 ‘‘Federal Lands Invasive Species Control, Prevention, and 

6 Management Act’’. 


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1 (b) TABLE OF CONTENTS.—The table of contents for 

2 this Act is as follows: 

Sec. 1. Short title; table of contents. 

Sec. 2. Definitions. 

Sec. 3. Federal efforts to control and manage invasive species on Federal lands. 

Sec. 4. Program funding allocations. 

Sec. 5. Prudent use of funds. 

Sec. 6. Use of partnerships. 

3 SEC. 2. DEFINITIONS. 

4 In this Act: 

5 (1) ALIEN SPECIES.—The term ‘‘alien species’’ 

6 means, with respect to a particular ecosystem, any 

7 species, including its seeds, eggs, spores, or other bi8 ological material capable of propagating that species, 

9 that is not native to that ecosystem. 

10 (2) CONTROL.—The term ‘‘control’’ means the 

11 eradication, suppression, or reduction of the popu12 lation of an invasive species within the area in which 

13 the invasive species is present. 

14 (3) ECOSYSTEM.—The term ‘‘ecosystem’’ 

15 means the complex of a community of organisms 

16 and its environment. 

17 (4) ELIGIBLE STATE.—The term ‘‘eligible 

18 State’’ means any of the several States, the District 

19 of Columbia, the Commonwealth of Puerto Rico, 

20 American Samoa, Guam, and the United States Vir21 gin Islands. 


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1 (5) INVASIVE SPECIES.—The term ‘‘invasive 

2 species’’ means an alien species whose introduction 

3 does or is likely to cause economic or environmental 

4 harm or harm to human health. 

5 (6) MANAGE.—The terms ‘‘manage’’ and ‘‘man6 agement’’ mean the active implementation of activi7 ties— 

8 (A) to reduce or stop the spread of an 

9 invasive species; and 

10 (B) to inhibit further infestations or 

11 spread of invasive species or harm caused by 

12 invasive species, including investigations regard13 ing methods to prevent, control, or manage 

14 invasive species. 

15 (7) PREVENT.—The term ‘‘prevent’’ means to 

16 hinder the introduction of invasive species onto lands 

17 or waters or to impede the spread of invasive species 

18 within lands or waters by inspecting, intercepting, or 

19 confiscating invasive species threats prior to their es20 tablishment onto lands or waters of an eligible State. 

21 (8) SECRETARY CONCERNED.—The term ‘‘Sec22 retary concerned’’ means— 

23 (A) the Secretary of the Interior, with re24 spect to Federal lands administered by that 

25 Secretary through the Bureau of Indian Affairs, 


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1 the Bureau of Land Management, the Bureau 

2 of Reclamation, the National Park Service, or 

3 the United States Fish and Wildlife Service; 

4 and 

5 (B) the Secretary of Agriculture, with re6 spect to Federal lands administered by that 

7 Secretary through the United States Forest 

8 Service. 

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

10 group of organisms, all of which have a high degree 

11 of physical and genetic similarity, generally 

12 interbreed only among themselves, and show per13 sistent differences from members of allied groups of 

14 organisms. 

15 SEC. 3. FEDERAL EFFORTS TO CONTROL AND MANAGE 

16 INVASIVE SPECIES ON FEDERAL LANDS. 

17 (a) CONTROL AND MANAGEMENT.—The Secretary 

18 concerned shall plan and carry out activities on lands di19 rectly managed by the Secretary concerned to control and 

20 manage invasive species to inhibit or reduce their popu21 lations and to effectuate restoration or reclamation efforts. 

22 (b) STRATEGIC PLAN.—The Secretary concerned 

23 shall develop a strategic plan for the implementation of 

24 the invasive species program of that Secretary to endeavor 


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1 to achieve an annual five percent net reduction of invasive 

2 species populations on lands managed by that Secretary. 

3 SEC. 4. PROGRAM FUNDING ALLOCATIONS. 

4 (a) CONTROL AND MANAGEMENT ACTIVITIES.—Of 

5 the amount appropriated or otherwise made available to 

6 the Secretary concerned for a fiscal year for programs that 

7 address or include invasive species management, the Sec8 retary concerned shall use not less than 75 percent of the 

9 amount for on-the-ground control and management of 

10 invasive species, including through— 

11 (1) the purchase of necessary products, equip12 ment, or services to conduct such control and man13 agement; 

14 (2) the use of integrated pest management op15 tions, including pesticides authorized for sale, dis16 tribution, or use under the Federal Insecticide, Fun17 gicide, and Rodenticide Act (7 U.S.C. 136 et seq.); 

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

19 proven to be effective to reduce invasive species pop20 ulations; 

21 (4) the use of re-vegetation or cultural restora22 tion methods designed to improve the diversity and 

23 richness of ecosystems; or 

24 (5) the use of other effective mechanical or 

25 manual control method. 


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1 (b) INVESTIGATIONS, OUTREACH, AND PUBLIC

2 AWARENESS.—Of the amount appropriated or otherwise 

3 made available to the Secretary concerned for a fiscal year 

4 for programs that address or include invasive species man5 agement, the Secretary concerned may use not more than 

6 15 percent of the amount for investigations, development 

7 activities, and outreach and public awareness efforts to ad8 dress invasive species control and management needs. 

9 (c) ADMINISTRATIVE COSTS.—Of the amount appro10 priated or otherwise made available to the Secretary con11 cerned for a fiscal year for programs that address or in12 clude invasive species management, not more than 10 per13 cent may be used for administrative costs incurred to 

14 carry out such programs, including costs related to over15 sight and management of such programs, recordkeeping, 

16 and implementation of the strategic plan. 

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

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

19 the date of the enactment of this Act, the Secretary con20 cerned shall submit to Congress a report— 

21 (1) describing the use by that Secretary during 

22 the preceding two fiscal years of funds for programs 

23 that address or include invasive species manage24 ment; and 


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1 (2) specifying the percentage of funds expended 

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

3 (b), and (c). 

4 SEC. 5. PRUDENT USE OF FUNDS. 

5 (a) COST-EFFECTIVE METHODS.—In selecting the 

6 method or methods to be used to control or manage an 

7 invasive species as part of a specific control or manage8 ment project, the Secretary concerned shall require the use 

9 of the least costly options based on sound scientific data 

10 and other commonly used cost-effective benchmarks in the 

11 area to effectively control and manage invasive species. 

12 (b) COMPARATIVE ECONOMIC ASSESSMENT.—The 

13 Secretary concerned shall require a comparative economic 

14 assessment of invasive species control and management 

15 methods to be conducted to comply with subsection (a). 

16 (c) CATEGORICAL EXCLUSION.—If an invasive spe17 cies control or management project or activity to be con18 ducted on lands directly managed by the Secretary con19 cerned will be conducted in a prioritized, high-risk area 

20 involving the treatment of land or waterways within 1,000 

21 feet of a water body or waterway, a water project, a utility 

22 or telephone infrastructure or right of way, a railroad line, 

23 an airport, a port of entry, campground, roadside or high24 way, heritage site, a national monument, a park, recre25 ation site, school, or other similar and valuable infrastrucVerDate Mar 15 2010 02:40 Feb 06, 2014 Jkt 039200 PO 00000 Frm 00007 Fmt 6652 Sfmt 6201 E:\BILLS\H3994.IH H3994

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1 ture, as determined by the Secretary concerned, the 

2 project or activity is categorically excluded from the re3 quirement to prepare an environmental assessment or an 

4 environmental impact statement under the National Envi5 ronmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) 

6 so long as the Secretary concerned determines that the 

7 project or activity is otherwise conducted consistently with 

8 agency procedures, including any land and resource man9 agement plan or land use plan applicable to the area cov10 ered by the project or activity. 

11 (d) RELATION TO OTHER AUTHORITY.— 

12 (1) OTHER INVASIVE SPECIES CONTROL, PRE13 VENTION, OR MANAGEMENT AUTHORITIES.—Nothing 

14 in this Act shall be construed to preclude the Sec15 retary concerned from pursuing or supporting, under 

16 the authority of any other provision of law, activities 

17 regarding the control, prevention, or management of 

18 invasive species, including investigations to better 

19 control, prevent, or manage invasive species. 

20 (2) PUBLIC WATER SUPPLY SYSTEMS.—Nothing 

21 in this Act shall be construed to authorize the Sec22 retary concerned to suspend water deliveries or di23 versions or otherwise prevent the operation of a pub24 lic water supply system as a measure to control, 


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1 manage, or prevent the introduction or spread of 

2 invasive species. 

3 SEC. 6. USE OF PARTNERSHIPS. 

4 (a) PARTNERSHIPS AUTHORIZED.—The Secretary 

5 concerned may enter into contracts and cooperative agree6 ments with another Federal agency, an eligible State, a 

7 political subdivision of an eligible State, or a private entity 

8 to partner with the Secretary concerned and assist with 

9 the control and management of invasive species. 

10 (b) MEMORANDUM OF UNDERSTANDING.— 

11 (1) REQUIRED.—As a condition of a contract or 

12 cooperative agreement under subsection (a), the Sec13 retary concerned and the other Federal agency, eligi14 ble State, political subdivision of an eligible State, or 

15 private entity involved shall enter into a memo16 randum of understanding describing the nature of 

17 the partnership between the parties and the control 

18 and management activities to be conducted. 

19 (2) CONTENTS.—The memorandum of under20 standing shall contain, at a minimum, the following: 

21 (A) A prioritized listing of invasive species 

22 to be controlled or managed. 

23 (B) An assessment of the total acres or 

24 area infested by the invasive species. 


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1 (C) An estimate of the expected total acres 

2 or area infested by the invasive species after 

3 control and management of the invasive species 

4 is attempted. 

5 (D) The specific integrated pest manage6 ment option or options to be used, including a 

7 comparative economic assessment to determine 

8 the least costly method. 

9 (E) Any maps, boundaries, or Global Posi10 tioning System (GPS) coordinates needed to 

11 clearly identify the area in which the control 

12 and management activities are to be conducted. 

13 (F) Written assurances that the partner 

14 will comply with section 15 of the Federal Nox15 ious Weed Act of 1974 (7 U.S.C. 2814). 

16 (c) COORDINATION.—If the partner in a contract or 

17 cooperative agreement under subsection (a) is an eligible 

18 State, political subdivision of an eligible State, or private 

19 entity, the memorandum of understanding shall also con20 tain a description of how the control and management ef21 forts will be coordinated and the expected outcomes of 

22 managing and controlling the invasive species. 

23 (d) PUBLIC OUTREACH AND AWARENESS EF24 FORTS.—If a contract or cooperative agreement under 

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1 ness efforts, the memorandum of understanding shall also 

2 contain a list of goals and objectives for such outreach 

3 and public awareness efforts that have been determined 

4 will be efficient to inform national, State, regional, or local 

5 audiences regarding invasive species control and manage6 ment. 

7 (e) INVESTIGATIONS.—Any invasive species-related 

8 investigations undertaken under a contract or cooperative 

9 agreement under subsection (a) shall be undertaken for 

10 the purpose of— 

11 (1) developing solutions and specific rec12 ommendations for control and management of 

13 invasive species; and 

14 (2) specifically providing faster implementation 

15 of control and management methods. 

Æ 


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