IB 
Union Calendar No. 423 
108TH CONGRESS 
2D SESSION 
H. R. 3479 
[Report No. 108–687] 
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. 
IN THE HOUSE OF REPRESENTATIVES 
NOVEMBER 7, 2003 
Ms. BORDALLO (for herself, Mr. ABERCROMBIE, and Mr. CASE) introduced 
the following bill; which was referred to the Committee on Resources, and 
in addition to the Committee on Agriculture, for a period to be subse-
quently determined by the Speaker, in each case for consideration of such 
provisions as fall within the jurisdiction of the committee concerned 
SEPTEMBER 15, 2004 
Additional sponsors: Mr. ACEVEDO-VILA´, Mrs. CHRISTENSEN, Mr. 
FALEOMAVAEGA, Mr. ORTIZ, and Mr. RODRIGUEZ 
SEPTEMBER 15, 2004 
Reported from the Committee on Resources with an amendment 
[Strike out all after the enacting clause and insert the part printed in italic] 
SEPTEMBER 15, 2004 
Referral to the Committee on Agriculture extended for a period ending not 
later than September 15, 2004 
SEPTEMBER 15, 2004 
The Committee on Agriculture discharged; committed to the Committee of the 
Whole House on the State of the Union and ordered to be printed
[For text of introduced bill, see copy of bill as introduced on November 7, 2003] 
A BILL 
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 Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Brown Tree Snake Con-
trol and Eradication Act of 2004’’. 
SEC. 2. FINDINGS. 
Congress finds the following: 
(1) The brown tree snake, an invasive species, is 
believed to have been introduced to the island of 
Guam as a passive stowaway in a military cargo 
ship that moved materiel after World War II. The 
historic range of the brown tree snake is portions of 
Indonesia, New Guinea, the Solomon Islands, and 
Australia. 
(2) Upon arrival in Guam, the brown tree snake 
encountered an abundant food supply and an absence 
of natural predators.
(3) The brown tree snake’s accidental introduc-
tion to Guam placed the species beyond its historic 
range, triggering a cascade of extinctions and an eco-
logical disaster. The brown tree snake has been the 
principal cause of the destruction of Guam’s native 
bird population and has imposed significant stress on 
Guam’s economic and agricultural interests, thereby 
harming the integrity and environmental stability of 
Guam’s ecosystems and economy. 
(4) The presence of the brown tree snake is a doc-
umented economic and human health hazard in 
Guam. The brown tree snake occurs in Guam at ex-
tremely high densities. Due to its high abundance the 
brown tree snake has been accidentally transported 
from Guam to other sites worldwide through infested 
civilian and military vessels and cargo. The brown 
tree snake is a growing threat to the biodiversity, 
economy, and human health within the Pacific re-
gion. The brown tree snake poses a direct, significant, 
and growing threat of dispersal to other areas outside 
of its historic range, including the Commonwealth of 
the Northern Mariana Islands, the State of Hawaii, 
and the mainland of the United States. 
(5) A number of Federal agencies, including the 
Department of the Interior, the Department of Agri-
culture, and the Department of Defense, and the gov-
ernments of Guam, Hawaii, the Northern Mariana 
Islands, and the Freely Associated States have oper-
ational, environmental, economic, and human health 
interests in and responsibilities for controlling the 
brown tree snake. 
(6) The present Brown Tree Snake Control Com-
mittee was established in response to section 1209 of 
the Nonindigenous Aquatic Nuisance Prevention and 
Control Act of 1990 (16 U.S.C. 4728), and the multi- 
agency Memorandum of Agreement on Brown Tree 
Snake Control, originally signed in 1992 and renewed 
in 1999, will expire in March 2004. It is a purpose 
of this Act to legislatively establish the Brown Tree 
Snake Control and Eradication Committee to ensure 
the ongoing activities and enhance the effectiveness of 
the present Committee. 
(7) Annual funding for brown tree snake control 
and research has come from relatively few Federal 
agencies, which have then distributed those funds 
amongst a number of agencies actually conducting the 
work. While current funding is commendable on the 
part of these agencies, the absence of direct funding 
through the agencies actually conducting the work has 
impaired the progress of both operational and re-
search efforts by limiting stability in staffing and 
year-to-year program implementation. It is a purpose 
of this Act to authorize funding for brown tree snake 
control, interdiction, research, and eradication though 
and by the agencies performing the specific tasks. 
SEC. 3. DEFINITIONS. 
In this Act: 
(1) BROWN TREE SNAKE.—The term ‘‘brown tree 
snake’’ means the species of the snake Boiga 
irregularis that is an invasive species in Guam and 
a threat to spread elsewhere. 
(2) COMMITTEE.—The term ‘‘Committee’’ means 
the Brown Tree Snake Control and Eradication Com-
mittee established under section 6. 
(3) COMPACT OF FREE ASSOCIATION.—The term 
‘‘Compact of Free Association’’ means a Compact of 
Free Association entered into between the United 
States and the government of a Freely Associated 
State. 
(4) FREELY
ASSOCIATED
STATE.—The term 
‘‘Freely Associated State’’ means the Republic of 
Palau, the Federated States of Micronesia, or the Re-
public of the Marshall Islands. 
(5) INTRODUCTION.—The terms ‘‘introduce’’ and 
‘‘introduction’’ refer to the expansion of brown tree
snakes outside of the range where this species is en-
demic. 
(6) SECRETARY.—The term ‘‘Secretary con-
cerned’’ means— 
(A) the Secretary of the Interior, with re-
spect to matters under the jurisdiction of the De-
partment of the Interior; and 
(B) the Secretary of Agriculture, with re-
spect to matters under the jurisdiction of the De-
partment of Agriculture. 
(7) 
SECRETARIES.—The 
term 
‘‘Secretaries’’ 
means both the Secretary of the Interior and the Sec-
retary of Agriculture. 
(8) TERRITORIAL.—The term ‘‘territorial’’, when 
used to refer to a government, means the Government 
of Guam, the Government of American Samoa, or the 
Government of the Commonwealth of the Northern 
Mariana Islands. The term includes such quasi-gov-
ernmental entities as the University of Guam. 
(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, the Freely Associated
States, any other possession of the United States, and 
any waters within the jurisdiction of the United 
States. 
SEC. 4. STATEMENT OF POLICY REGARDING FEDERAL OBLI-
GATIONS RELATED TO BROWN TREE SNAKES 
INTRODUCTION, 
CONTROL, 
AND 
ERADI-
CATION. 
(a) SENSE OF CONGRESS.—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 inter-
ested parties. 
(b) UNITED STATES POLICY.—It is the policy of the 
United States to fund and support coordinated and con-
certed programs and activities to control, interdict, and 
eradicate the brown tree snake in Guam and to prevent the 
introduction of brown tree snakes to other areas of the 
United States. 
(c) PREVENTING
INTRODUCTION.—Notwithstanding 
any other provision of law, to the extent practicable, no 
Federal agency may authorize, fund, or carry out any ac-
tion that would likely cause or promote the introduction 
or spread of the brown tree snake in the United States. All 
Federal agencies must consider brown tree snake interdic-
tion issues, to the extent possible, when planning any activ-
ity that may cause the accidental introduction of brown tree 
snakes to uninfested areas in the United States. 
(d) CONTROL AND ERADICATION.—All Federal agen-
cies, to the extent possible, that manage lands where brown 
tree snakes occur shall fund the control and eradication of 
this species. 
(e) ACCESS.—All Federal agencies, to the extent pos-
sible, shall facilitate access to Federal, State, and territorial 
employees, or their designees, who conduct control, interdic-
tion, or research regarding brown tree snakes on lands and 
facilities under the jurisdiction of the Federal agency 
through a memorandum of understanding with the respec-
tive State or Territorial government in accordance with the 
guidelines developed under subsection (g). 
(f) COOPERATIVE SUPPORT.—All Federal agencies, to 
the extent possible, shall provide cooperative support, such 
as office space, laboratory space, laboratory animal holding 
facilities, kennel facilities, short- and long-term housing for 
staff, power, water, and communication lines, to Federal 
agencies conducting brown tree snake control, interdiction, 
research, and eradication. 
(g) GUIDELINES.—The Brown Tree Snake Control and 
Eradication Committee shall develop, in consultation with 
the Invasive Species Council established pursuant to Execu-
tive Order No. 13112 (42 U.S.C. 4321 note), guidelines for
Federal agencies to analyze their actions and carry out 
their duties under this section. 
SEC. 5. BROWN TREE SNAKE CONTROL, INTERDICTION, RE-
SEARCH 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 gov-
ernments, local governments, and private sector entities. 
Funds may be provided through grants, contracts, reim-
bursable agreements, or other legal mechanisms available to 
the Secretaries for the transfer of Federal funds. 
(b) AUTHORIZED ACTIVITIES.—Brown tree snake con-
trol, interdiction, research, and eradication efforts author-
ized by this section shall include at a minimum the fol-
lowing: 
(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 brown tree 
snakes to areas in the United States in which the 
brown tree snake is not established.
(2) Expansion of interagency and intergovern-
mental rapid response teams in Guam, the Common-
wealth of the Northern Mariana Islands, and Hawaii 
to assist local governments with detecting brown tree 
snakes 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) Continuation, expansion, and provision of 
sustained research funding related to brown tree 
snakes, including research conducted at institutions 
located in areas affected by the brown tree snake. 
(5) Expansion of long-term research into chem-
ical, 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. 
(6) Expansion of short, medium, and long-term 
research, funded by all Federal agencies interested in 
or affected by brown tree snakes, into interdiction, de-
tection, and early control of brown tree snakes. 
(7) Provision of planning assistance for the con-
struction or renovation of centralized multi-agency fa-
cilities in Guam to support Federal, State, and terri-
torial brown tree snake control, interdiction, research
and eradication efforts, including office space, labora-
tory space, animal holding facilities, and snake detec-
tor dog kennels. 
(8) Provision of technical assistance to the Freely 
Associated States on matters related to brown tree 
snakes through the mechanisms contained within a 
Compact of Free Association dealing with environ-
mental, 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)(7)) the following 
amounts: 
(1) For activities conducted through the Animal 
and Plant Health Inspection Service, Wildlife Serv-
ices, Operations, not more than $2,600,000 for each of 
the fiscal years 2005 through 2010. 
(2) For activities conducted through the Animal 
and Plant Health Inspection Service, Wildlife Serv-
ices, National Wildlife Research Center, Methods De-
velopment, not more than $2,200,000 for each of the 
fiscal years 2005 through 2010. 
(3) For activities conducted through the Office of 
Insular Affairs, not more than $4,600,000 for each of 
the fiscal years 2005 through 2010.
paragraph (1) shall not be implemented until funds 
are specifically appropriated for that purpose. 
(c) NONMAILABLE MATTER.—Consistent with sub-
section (c), brown tree snakes constitute nonmailable matter 
under section 3015 of title 39, United States Code. 
SEC. 7. BROWN TREE SNAKE CONTROL AND ERADICATION 
COMMITTEE. 
(a) ESTABLISHMENT.—The Secretaries shall establish 
a committee, to be known as the Brown Tree Snake Control 
and Eradication Committee, for the purpose of providing 
coordination among Federal agencies, and between the 
United States Government and State, territorial, and local 
governments, with respect to efforts related to brown tree 
snake control, interdiction, research, and eradication in 
Guam, the Commonwealth of the Northern Mariana Is-
lands, Hawaii, the Freely Associated States, and other 
areas of the United States in which the brown tree snake 
is, or may be, introduced. 
(b) VOTING MEMBERS.— 
(1) APPOINTMENT.—Subject to paragraph (2), 
the voting members of the Committee shall consist of 
one representative from each of the following agencies: 
(A) The Office of Insular Affairs, appointed 
by the Secretary of the Interior.
(B) The United States Fish and Wildlife 
Service, appointed by the Secretary of the Inte-
rior. 
(C) The United States Geological Survey, 
appointed by the Secretary of the Interior. 
(D) The Animal and Plant Health Inspec-
tion 
Service, 
Wildlife 
Services, 
Operations 
Branch, appointed by the Secretary of Agri-
culture. 
(E) The Animal and Plant Health Inspec-
tion Service, Wildlife Services, National Wildlife 
Research Center, appointed by the Secretary of 
Agriculture. 
(F) The Department of Commerce, ap-
pointed by the Secretary of Commerce. 
(G) The Department of Transportation, ap-
pointed by the Secretary of Transportation. 
(H) The Department of Homeland Security, 
appointed by the Secretary of Homeland Secu-
rity. 
(I) The Armed Forces Pest Management 
Board of the Department of Defense, appointed 
by the Secretary of Defense. 
(J) The Department of the Air Force, ap-
pointed by the Secretary of the Air Force.
(K) The Department of the Navy, appointed 
by the Secretary of the Navy. 
(L) The Department of Agriculture of the 
Government of Guam, appointed by the Gov-
ernor of Guam. 
(M) The Department of Land and Natural 
Resources of the State of Hawaii, appointed by 
the Governor of Hawaii. 
(N) The Department of Agriculture of the 
State of Hawaii, appointed by the Governor of 
Hawaii. 
(O) The Department of Land and Natural 
Resources of the Commonwealth of the Northern 
Mariana Islands, appointed by the Governor of 
the Commonwealth of the Northern Mariana Is-
lands. 
(P) Such additional voting members as 
may be designated under paragraph (3). 
(2) BLOC
VOTING
REQUIREMENTS.—The mem-
bers of the Committee appointed by the same executive 
branch official or State or territorial governor shall 
be required to vote as a single entity, so that a total 
of nine votes may be cast by the representatives speci-
fied in subparagraphs (A) through (O) of paragraph
(1) plus the votes cast by any additional voting mem-
bers designated under paragraph (3). 
(3) ADDITIONAL
VOTING
MEMBERS.—With the 
concurrence of a majority of the voting members of 
the Committee, the chairperson of the Committee may 
designate additional voting members to the Committee 
from Federal, State, territorial, or local government 
agencies, and private sector entities with significant 
responsibilities concerning brown tree snake control, 
interdiction, research, and eradication. 
(c) NONVOTING MEMBERS.— 
(1) APPOINTMENT.—Nonvoting membership to 
the Committee shall be extended to representatives of 
the Freely Associated States as follows: 
(A) The Republic of Palau, appointed by 
the President of Palau. 
(B) The Federated States of Micronesia, ap-
pointed by the President of the Federated States 
of Micronesia. 
(C) The Republic of the Marshall Islands, 
appointed by the President of the Marshall Is-
lands. 
(D) Such additional non-voting members as 
may be designated under paragraph (2).
(2) ADDITIONAL
NONVOTING
MEMBERS.—With 
the concurrence of a majority of the voting members 
of the Committee, the chairperson of the Committee 
may designate additional nonvoting members to the 
Committee from Federal, State, territorial, or local 
government agencies, and private sector entities with 
significant responsibilities concerning brown tree 
snake control, interdiction, research, and eradication. 
(d) TERM AND MEETINGS.— 
(1) TERM.—The term of a member of the Com-
mittee shall be three years. A member may be re-
appointed for additional terms. Vacancies shall be 
filed in the same manner as the original appoint-
ment. 
(2) COMMITTEE
MEETINGS.—The Committee 
shall meet at least annually, at the call of the chair-
person. 
(e) DUTIES AND FUNCTIONS OF THE COMMITTEE.— 
The Committee shall ensure that Federal, State, territorial, 
and local agency efforts concerning the brown tree snake 
are coordinated, effective, complementary, and cost-effective. 
Specific functions of the Committee include the following: 
(1) Evaluate Federal, State, and territorial ac-
tivities, programs and policies that are likely to cause 
or promote the introduction or spread of the brown
tree snake in the United States and recommend gov-
ernmental actions to minimize the risk of introduc-
tion or further spread of the brown tree snake. 
(2) Recommend activities, programs, and poli-
cies 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 to 
monitor the implementation of those activities, pro-
grams, and policies. 
(3) Within 18 months after the date of the enact-
ment of this Act, revise the Brown Tree Snake Control 
Plan that was prepared by the Brown Tree Snake 
Control Committee of the Aquatic Nuisance Species 
Task Force, as required by section 1209 of the Non-
indigenous Aquatic Nuisance Prevention and Control 
Act of 1990 (16 U.S.C. 4728), to coordinate Federal, 
State, territorial, and local government efforts to con-
trol, interdict, eradicate or conduct research on the 
brown tree snake, and subsequently revise and update 
this Plan every five years thereafter. 
(4) Develop and submit to Congress a biennial 
report containing the following: 
(A) Description of progress that will lead 
toward large-scale population reduction or eradi-
cation of the brown tree snake in Guam or other 
sites that are infested by the brown tree snake. 
(B) Description of interdiction and other 
activities that will reduce the risk of introduc-
tion of brown tree snakes or other nonindigenous 
snake species in Guam, the Commonwealth of the 
Northern Mariana Islands, Hawaii, and Amer-
ican Samoa. 
(C) Description of applied and basic re-
search that will lead to improved brown tree 
snake control, interdiction and eradication ef-
forts conducted by Federal, State, territorial, and 
local governments. 
(D) Programs and activities for brown tree 
snake control, interdiction, research and eradi-
cation that have been funded, implemented, and 
planned by Federal, State, territorial, and local 
governments. 
(E) A list of priorities, ranked in high, me-
dium, and low categories, of Federal, State, ter-
ritorial, and local efforts and programs in the 
following areas: 
(i) Control. 
(ii) Interdiction. 
(iii) Research.
(iv) Eradication. 
(F) An assessment of current funding short-
falls and future funding needs to support Fed-
eral, State, territorial, and local government ef-
forts to control, interdict, eradicate, or conduct 
research on the brown tree snake. 
(G) 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. 
(f) COMMITTEE CHAIRPERSON AND COORDINATOR.— 
(1) ELECTION
OF
CHAIRPERSON.—The voting 
members of the Committee shall elect a member of the 
Committee to serve as chairperson of the Committee. 
The chairperson shall have a term of three years. 
(2) APPOINTMENT OF COORDINATOR.—The Secre-
taries shall hire a Federal Interagency Brown Tree 
Snake Coordinator to serve on the staff of the chair-
person. 
(3) DUTIES.—The chairperson shall ensure that 
Federal, State, territorial, and local agency efforts 
concerning the brown tree snake are maximally co-
ordinated, effective, complementary, and cost-effective 
through the Committee. Specific duties of the chair-
person include the following:
(A) Coordinate and oversee the meetings of 
the Committee. 
(B) Coordinate and oversee the Committee’s 
work to produce the biennial brown tree snake 
control, research, interdiction, and eradication 
reporting documents for Congress. 
(C) Coordinate and oversee revision of the 
Brown Tree Snake Control Plan. 
(D) Coordinate and oversee preparation of 
other reports and documents dealing with brown 
tree snakes. 
(E) Under direction of the Secretaries, and 
in collaboration with the Committee, evaluate 
Federal, State, and territorial activities, pro-
grams, and policies that are likely to— 
(i) cause or promote the introduction 
or spread of the brown tree snake in the 
United States and recommend actions by 
Federal, State, territorial, or Freely Associ-
ated State governments to prevent the intro-
duction and spread of brown tree snakes; 
and 
(ii) reduce and eventually eradicate the 
brown tree snake in Guam and in any other
areas in the United States where the snake 
may be established. 
(F) Monitor the implementation of those 
policies by Federal, State, territorial, and local 
agencies and other persons. 
(G) Provide, or arrange for the provision of, 
technical assistance dealing with brown tree 
snake control, interdiction, research, and eradi-
cation to Federal, State, territorial, and Freely 
Associated State governments. 
(H) Serve as the primary contact for the 
Secretaries for inquires or requests by Congress 
and the Administration regarding brown tree 
snakes. 
(I) Serve as the primary representative for 
the Secretaries on brown tree snake issues to the 
National Invasive Species Council and provide 
assistance to the National Invasive Species 
Council related to brown tree snakes. 
(4) LIMITATION.—Notwithstanding paragraph 
(3), the chairperson shall not have control over fund-
ing decisions or spending authority with respect to 
funds provided by any of the Committee members for 
the purposes of this Act. Federal and other agencies 
represented on the Committee shall retain control over
decisions regarding their respective funds, although 
the chairperson may participate in planning and im-
plementation of activities with respect to such funds. 
(g) STAFF.—The Secretaries may hire staff to assist 
the Committee and the chairperson in carrying out their 
respective duties and functions. 
(h) 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 2005 
through 2010 to carry out this section. 
SEC. 8. MISCELLANEOUS MATTERS. 
(a) AVAILABILITY
OF
APPROPRIATED
FUNDS.— 
Amounts appropriated under this Act shall remain avail-
able until expended. 
(b) ADMINISTRATIVE EXPENSES.—Of the amounts ap-
propriated to carry out this Act for a fiscal year, the Secre-
taries may expend not more than five percent to cover the 
administrative expenses necessary to carry out this Act. 
Æ
Union Calendar No. 433 
108TH CONGRESS 
2D SESSION 
H. R. 3479 
[Report No. 108–687] 
A BILL 
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. 
SEPTEMBER 15, 2004 
The Committee on Agriculture discharged; committed to 
the Committee of the Whole House on the State of the 
Union and ordered to be printed