II 

108TH CONGRESS 

2D SESSION S. 2598

To protect, conserve, and restore public land administered by the Department 

of the Interior or the Forest Service and adjacent land through cooperative cost-shared grants to control and mitigate the spread of invasive 

species, and for other purposes. 

IN THE SENATE OF THE UNITED STATES 

JUNE 24, 2004

Mr. AKAKA (for himself, Mr. LAUTENBERG, Mr. LEVIN, Mrs. FEINSTEIN, Mr. 

WYDEN, and Mr. INOUYE) introduced the following bill; which was read 

twice and referred to the Committee on Energy and Natural Resources 

A BILL

To protect, conserve, and restore public land administered 

by the Department of the Interior or the Forest Service 

and adjacent land through cooperative cost-shared grants 

to control and mitigate the spread of invasive species, 

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 ‘‘Public Land Protection 

5 and Conservation Act of 2004’’. 
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1 SEC. 2. PURPOSE. 

2 The purpose of this Act is to encourage partnerships 

3 among Federal, State, and local agencies, nongovern4 mental entities, and Indian tribes to protect, enhance, re5 store, and manage public land and adjacent land through 

6 the control of invasive species by— 

7 (1) promoting the development of voluntary 

8 State assessments to establish priorities for control9 ling invasive species; 

10 (2) promoting greater cooperation among Fed11 eral, State, and local land and water managers and 

12 owners of private land or other interests to imple13 ment strategies to control and mitigate the spread of 

14 invasive species through a voluntary and incentive15 based financial assistance grant program; 

16 (3) establishing a rapid response capability to 

17 combat incipient invasive species invasions; and 

18 (4) modifying the requirements applicable to 

19 the National Invasive Species Council. 

20 SEC. 3. DEFINITIONS. 

21 In this Act: 

22 (1) CONTROL.—The term ‘‘control’’ means— 

23 (A) eradicating, suppressing, reducing, or 

24 managing invasive species in areas in which the 

25 species are present; 
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1 (B) taking steps to detect early infesta2 tions of invasive species on Public land and ad3 jacent land that is at risk of being infested; and 

4 (C) restoring native ecosystems to reverse 

5 or reduce the impacts of invasive species. 

6 (2) COUNCIL.—The term ‘‘Council’’ means the 

7 National Invasive Species Council established by sec8 tion 3 of Executive Order No. 13112 (64 Fed. Reg. 

9 6184). 

10 (3) INDIAN TRIBE.—The term ‘‘Indian tribe’’ 

11 has the meaning given the term in section 4 of the 

12 Indian Self-Determination and Education Assistance 

13 Act (25 U.S.C. 450b). 

14 (4) INVASIVE SPECIES.—The term ‘‘invasive 

15 species’’ means, with respect to a particular eco16 system, any animal, plant, or other organism (in17 cluding biological material of the animal, plant, or 

18 other organism that is capable of propagating the 

19 species)— 

20 (A) that is not native to the ecosystem; 

21 and 

22 (B) the introduction of which causes or is 

23 likely to cause economic harm, environmental 

24 harm, or harm to human health. 
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1 (5) NATIONAL MANAGEMENT PLAN.—The term 

2 ‘‘National Management Plan’’ means the manage3 ment plan referred to in section 5 of Executive 

4 Order No. 13112 (64 Fed. Reg. 6185) and entitled 

5 ‘‘Meeting the Invasive Species Challenge’’. 

6 (6) PUBLIC LAND.—The term ‘‘Public land’’ 

7 means all land and water that is—

8 (A) owned by, or under the jurisdiction of, 

9 the United States; and 

10 (B) administered by the Department of the 

11 Interior or the Forest Service. 

12 (7) SECRETARY.—The term ‘‘Secretary’’ means 

13 the Secretary of the Interior. 

14 (8) STATE.—The term ‘‘State’’ means— 

15 (A) a State of the United States; 

16 (B) the District of Columbia; 

17 (C) the Commonwealths of Puerto Rico 

18 and the Northern Mariana Islands; 

19 (D) the Territories of American Samoa, 

20 Guam, and the Virgin Islands; 

21 (E) the Federated States of Micronesia; 

22 (F) the Republic of the Marshall Islands; 

23 and 

24 (G) the Republic of Palau.
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1 SEC. 4. NATIVE HERITAGE ASSESSMENT AND CONTROL 

2 GRANT PROGRAM. 

3 (a) ASSESSMENT GRANTS.—The Secretary may pro4 vide to a State a grant to carry out an assessment project 

5 consistent with relevant invasive species management 

6 plans of the State to— 

7 (1) identify invasive species that occur in the 

8 State; 

9 (2) survey the extent of invasive species in the 

10 State; 

11 (3) assess the needs to restore, manage, or en12 hance native ecosystems in the State; 

13 (4) identify priorities for actions to address 

14 those needs; 

15 (5) incorporate, as applicable, the guidelines of 

16 the National Management Plan; and 

17 (6) identify methods to— 

18 (A) control or detect incipient infestations 

19 of invasive species in the State; or 

20 (B) control or assess established popu21 lations of invasive species in the State. 

22 (b) CONTROL GRANTS.— 

23 (1) IN GENERAL.—The Secretary may provide 

24 grants to appropriate public or private entities and 

25 Indian tribes to carry out, in partnership with a 

26 Federal agency, control projects for the management 
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1 or eradication of invasive species on Public land or 

2 adjacent land that— 

3 (A) include plans for— 

4 (i) monitoring the project areas; and 

5 (ii) maintaining effective control of 

6 invasive species after the completion of the 

7 projects, including through the conduct of 

8 restoration activities; 

9 (B) in the case of a project on adjacent 

10 land, are carried out with the consent of the 

11 owner of the adjacent land; and 

12 (C) provide public notice to, and conduct 

13 outreach activities relating to the control 

14 projects in, communities in which control 

15 projects are carried out. 

16 (2) PRIORITY.—In prioritizing grants for con17 trol projects, the Secretary shall consider— 

18 (A) the extent to which a project would ad19 dress— 

20 (i) the priorities of a State for 

21 invasive species control; and 

22 (ii) the priorities for invasive species 

23 management on Public land, such as the 

24 priorities for management on National 
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1 Park System and National Forest System 

2 land; 

3 (B) the estimated number of, or extent of 

4 infestation by, invasive species in the State; 

5 (C) whether a project would encourage in6 creased coordination and cooperation among 1 

7 or more Federal agencies and State or local 

8 government agencies to control invasive species; 

9 (D) whether a project— 

10 (i) fosters public-private partnerships; 

11 and 

12 (ii) uses Federal resources to encour13 age increased private sector involvement, 

14 including the provision of private funds or 

15 in-kind contributions; 

16 (E) the extent to which a project would aid 

17 the conservation of species included on Federal 

18 or State lists of threatened or endangered spe19 cies; 

20 (F) whether a project includes pilot testing 

21 or a demonstration of an innovative technology 

22 that has the potential to improve the cost-effec23 tiveness of controlling invasive species; and 

24 (G) the extent to which a project— 
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1 (i) considers the potential for unin2 tended consequences of control methods on 

3 native species; and 

4 (ii) includes contingency measures to 

5 address the unintended consequences. 

6 (c) DUTIES OF THE SECRETARY.—The Secretary 

7 shall— 

8 (1) not later than 180 days after the date on 

9 which funds are made available to carry out this 

10 Act, publish guidelines and solicit applications for 

11 grants under this section; 

12 (2) not later than 1 year after the date on 

13 which funds are made available to carry out this 

14 Act, evaluate and approve or disapprove applications 

15 for grants submitted under this section; 

16 (3) consult with the Council on— 

17 (A) any projects proposed for grants under 

18 this section, including the priority of proposed 

19 projects for the grants; and 

20 (B) providing a definition of the term ‘‘ad21 jacent land’’ for purposes of the control grant 

22 program under subsection (b); 

23 (4) consult with the advisory committee estab24 lished under section 3(b) of Executive Order No. 

25 13112 (64 Fed. Reg. 6184) on projects proposed for 
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1 a grant under this section, including the scientific 

2 merit, technical merit, and feasibility of a proposed 

3 project; and 

4 (5) if a project is conducted on National Forest 

5 System land, consult with the Secretary of Agri6 culture. 

7 (d) GRANT DURATION.— 

8 (1) IN GENERAL.—Except as provided in para9 graph (2), a grant under this section shall provide 

10 funding for the Federal share of the cost of a 

11 project for not more than 2 fiscal years. 

12 (2) RENEWAL OF CONTROL PROJECTS.— 

13 (A) IN GENERAL.—If the Secretary, after 

14 reviewing the reports submitted under sub15 section (f) with respect to a control project, 

16 finds that the project is making satisfactory 

17 progress, the Secretary may renew a grant 

18 under this section for an additional 3 fiscal 

19 years. 

20 (B) IMPLEMENTATION OF MONITORING

21 AND MAINTENANCE PLAN.—The Secretary may 

22 renew a grant under this section to implement 

23 the monitoring and maintenance plan required 

24 for a control project under subsection (b) for
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1 not more than 10 years after the project is oth2 erwise complete. 

3 (e) DISTRIBUTION OF CONTROL GRANT AWARDS.—

4 In making grants for control projects under subsection 

5 (b), the Secretary shall, to the maximum extent prac6 ticable, ensure that— 

7 (1) at least 50 percent of control project funds 

8 are spent on land adjacent to Public land; and 

9 (2) there is a balance of smaller and larger con10 trol projects conducted with grants under that sub11 section. 

12 (f) REPORTING BY GRANT RECIPIENT.— 

13 (1) ASSESSMENT PROJECTS.—Not later than 2 

14 years after the date on which a grant is provided 

15 under subsection (a), a grant recipient carrying out 

16 an assessment project shall submit to the Secretary 

17 and the Governor of the State in which the assess18 ment project is carried out a report on the assess19 ment project. 

20 (2) CONTROL PROJECTS.—A grant recipient 

21 carrying out a control project under subsection (b) 

22 shall submit to the Secretary— 

23 (A) an annual synopsis of the control 

24 project; and 
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1 (B) a report on the control project not 

2 later than the earlier of— 

3 (i) at least once every 2 years; or 

4 (ii) the date on which the grant ex5 pires. 

6 (3) CONTENTS.—A report submitted under this 

7 subsection shall include— 

8 (A) a detailed accounting of— 

9 (i) the funding made available for the 

10 project; and 

11 (ii) any expenditures made for the 

12 project; and 

13 (B) with respect to a control project— 

14 (i) a chronological list of any progress 

15 made with respect to the project; 

16 (ii) specific information on the meth17 ods and techniques used to control invasive 

18 species in the project area; 

19 (iii) trends in the population size and 

20 distribution of invasive species in the 

21 project area; and 

22 (iv) the number of acres of the native 

23 ecosystem protected or restored. 

24 (g) COST-SHARING REQUIREMENT.— 

25 (1) PROJECTS ON ADJACENT LAND.— 
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1 (A) IN GENERAL.—Except as provided in 

2 subparagraph (B), the Federal share of the cost 

3 of a control project carried out on adjacent land 

4 shall be not more than 75 percent. 

5 (B) CERTAIN CONTROL PROJECTS.—The 

6 Federal share of a control project carried out 

7 on adjacent land that uses pilot testing, dem8 onstrates an innovative technology, or provides 

9 for the conservation of threatened or endan10 gered species shall be 85 percent. 

11 (2) PROJECTS ON PUBLIC LAND.—The Federal 

12 share of the cost of the portion of a control project 

13 that is carried out on Public land shall be 100 per14 cent. 

15 (3) APPLICATION OF IN-KIND CONTRIBU16 TIONS.—The Secretary may apply to the non-Fed17 eral share of the costs of a control project the fair 

18 market value of services or any other form of in-kind 

19 contribution to the project made by a non-Federal 

20 entity. 

21 (4) DERIVATION OF NON-FEDERAL SHARE.—

22 The non-Federal share of the cost of a control 

23 project carried out with a grant under this section 

24 may not be derived from a Federal grant program 

25 or other Federal funds. 
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1 (h) REPORTING BY SECRETARY.— 

2 (1) IN GENERAL.—Not later than 3 years after 

3 the date of enactment of this Act and every 2 years 

4 thereafter, the Secretary shall submit to Congress a 

5 report that— 

6 (A) describes the implementation of this 

7 section; and 

8 (B) includes a determination whether the 

9 grants authorized under subsections (a) and (b) 

10 should be expanded to land and water that are 

11 owned and administered by Federal agencies 

12 other than the Department of the Interior or 

13 the Forest Service. 

14 (2) CONTENTS.—A report under paragraph (1) 

15 shall include a review of control projects, including— 

16 (A) a list of control projects selected, in 

17 progress, and completed; 

18 (B) an assessment of project impacts, in19 cluding— 

20 (i) areas treated; and 

21 (ii)(I) if feasible, a measurement of 

22 invasive species eradicated; or 

23 (II) an estimate of the extent to which 

24 invasive species have been reduced or con25 tained; 
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1 (C) the success and failure of control tech2 niques used; 

3 (D) an accounting of expenditures by Fed4 eral, State, regional, and local government 

5 agencies and other entities to carry out the 

6 projects; 

7 (E) a review of efforts made to maintain 

8 an appropriate database of projects assisted 

9 under this section; and 

10 (F) a review of the geographical distribu11 tion of Federal funds, matching funds, and in12 kind contributions provided for projects. 

13 SEC. 5. RAPID RESPONSE ASSISTANCE. 

14 (a) IN GENERAL.—The Secretary may provide finan15 cial assistance to States, local governments, public or pri16 vate entities, and Indian tribes for a period of 1 fiscal year 

17 to enable States, local governments, nongovernmental en18 tities, and Indian tribes to rapidly respond to outbreaks 

19 of invasive species that are at a stage at which rapid eradi20 cation or control is possible. 

21 (b) REQUIREMENTS FOR ASSISTANCE.—The Sec22 retary shall— 

23 (1) at the request of the Governor of a State— 

24 (A) provide assistance under this section to 

25 the State, a local government, public or private
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1 entity, or Indian tribe for the eradication of an 

2 immediate invasive species threat in the State 

3 if— 

4 (i) there is a demonstrated need for 

5 the assistance; 

6 (ii) the invasive species is considered 

7 to be an immediate threat to native eco8 systems, human health, or the economy, as 

9 determined by the Secretary; and 

10 (iii) the proposed response of the 

11 State, local government, public or private 

12 entity, or Indian tribe to the threat— 

13 (I) is technically feasible; and 

14 (II) minimizes adverse impacts to 

15 native ecosystems and non-target spe16 cies; or 

17 (B) if the requirements under subpara18 graph (A) are not met, submit to the Governor 

19 of the State, not later than 30 days after the 

20 date on which the Secretary received the re21 quest, written notice that the State is not eligi22 ble for assistance under this section; 

23 (2) determine the amount of financial assist24 ance to be provided under this section, subject to the 
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1 availability of appropriations, with respect to an out2 break of an invasive species; 

3 (3) require that entities receiving assistance 

4 under this section monitor and report on activities 

5 carried out with such assistance in the same manner 

6 that control project grant recipients monitor and re7 port on such activities; and 

8 (4) expedite environmental and regulatory re9 views to ensure that an outbreak of invasive species 

10 can be addressed within the 180-day period begin11 ning on the date on which the State notifies the Sec12 retary of the outbreak. 

13 SEC. 6. RELATIONSHIP TO OTHER AUTHORITIES. 

14 Nothing in this Act affects authorities, responsibil15 ities, obligations, or powers of the Secretary under any 

16 other statute. 

17 SEC. 7. BUDGET CROSSCUT. 

18 Not later than March 31, 2005, and each year there19 after, the Director of the Office of Management and Budg20 et, in consultation with the Council, shall submit to Con21 gress— 

22 (1) a comprehensive budget analysis and sum23 mary of Federal programs relating to invasive spe24 cies; and 
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1 (2) a list of general priorities, ranked in high, 

2 medium, and low categories, of Federal efforts and 

3 programs in— 

4 (A) prevention; 

5 (B) early detection and rapid response; 

6 (C) eradication, control, management, and 

7 restoration; 

8 (D) research and monitoring; 

9 (E) information management; and 

10 (F) public outreach and partnership ef11 forts. 

12 SEC. 8. AUTHORIZATION OF APPROPRIATIONS. 

13 (a) ASSESSMENT GRANTS.—There are authorized to 

14 be appropriated to the Secretary to carry out assessment 

15 projects under section 4(a)— 

16 (1) $25,000,000 for fiscal year 2005; and 

17 (2) such sums as are necessary for each of fis18 cal years 2006 through 2009. 

19 (b) CONTROL GRANTS.—There are authorized to be 

20 appropriated to the Secretary to carry out control projects 

21 under section 4(b)— 

22 (1) $175,000,000 for fiscal year 2005; and 

23 (2) such sums as are necessary for each of fis24 cal years 2006 through 2009. 
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1 (c) RAPID RESPONSE ASSISTANCE.—There are au2 thorized to be appropriated to the Secretary to carry out 

3 section 5— 

4 (1) $50,000,000 for fiscal year 2005; and 

5 (2) such sums as are necessary for each of fis6 cal years 2006 through 2009. 

7 (d) CONTINUING AVAILABILITY.—Amounts made 

8 available under this section shall remain available until ex9 pended. 

10 (e) ADMINISTRATIVE EXPENSES OF SECRETARY.—

11 Of amounts made available each fiscal year to carry out 

12 this Act, the Secretary may expend not more than 5 per13 cent to pay the administrative expenses necessary to carry 

14 out this Act.

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