IB
Union Calendar No. 307
107TH CONGRESS
2D SESSION
H. R. 3558
[Report No. 107–512]
To protect, conserve, and restore native fish, wildlife, and their natural
habitats on Federal lands through cooperative, incentive-based grants
to control, mitigate, and eradicate harmful nonnative species, and for
other purposes.
IN THE HOUSE OF REPRESENTATIVES
DECEMBER 20, 2001
Mr. RAHALL (for himself, Mr. GILCHREST, and Mr. UNDERWOOD) introduced
the following bill; which was referred to the Committee on Resources
JUNE 18, 2002
Reported with amendments, committed to the Committee of the Whole House
on the State of the Union, and ordered to be printed
[Strike out all after the enacting clause and insert the part printed in italic]
[For text of introduced bill, see copy of bill as introduced on December 20, 2001]
A BILL
To protect, conserve, and restore native fish, wildlife, and
their natural habitats on Federal lands through coopera-
tive, incentive-based grants to control, mitigate, and
eradicate harmful nonnative species, and for other pur-
poses.
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 ‘‘Species Protection and
Conservation of the Environment Act’’.
SEC. 2. PURPOSE.
The purpose of this Act is to control harmful nonnative
species on Federal lands.
SEC. 3. DEFINITIONS.
For the purposes of this Act:
(1) APPROPRIATE COMMITTEES.—The term ‘‘ap-
propriate Committees’’ means the Committee on Re-
sources of the House of Representatives and the Com-
mittee on Environment and Public Works of the Sen-
ate.
(2) CONTROL.—The term ‘‘control’’ means, as
appropriate, eradicating, suppressing, reducing, or
managing harmful nonnative species populations,
preventing the spread of harmful nonnative species
from areas where they are present, and taking steps
to restore native species and habitats to reduce the ef-
fects of harmful nonnative species.
(3) COUNCIL.—The term ‘‘Council’’ means the
National Invasive Species Council created by Execu-
tive Order 13112 of February 3, 1999.
(B) does not include any plant or plant
product that can directly or indirectly injure or
cause damage to crops (including nursery stock
or plant products), livestock, poultry, or other
interests of agriculture; and
(C) does not include non-feral livestock.
(7) INDIAN TRIBE.—The term ‘‘Indian tribe’’ has
the meaning given that term in section 4 of the In-
dian Self-Determination and Education Assistance
Act (25 U.S.C. 450b).
(8) NATIONAL
MANAGEMENT
PLAN.—The term
‘‘National Management Plan’’ means the management
plan referred to in section 5 of Executive Order 13112
of February 3, 1999, and entitled ‘‘Meeting the
Invasive Species Challenge’’.
(9) SECRETARY.—The term ‘‘Secretary’’ means
the Secretary of the Interior.
(10) STATE.—The term ‘‘State’’ means each of
the several States of the United States, the District of
Columbia, the Commonwealth of Puerto Rico, the Vir-
gin Islands, Guam, American Samoa, the Common-
wealth of the Northern Mariana Islands, any other
territory or possession of the United States, and any
Indian tribe.
SEC. 4. ALDO LEOPOLD NATIVE HERITAGE GRANT PRO-
GRAM.
(a) IN GENERAL.—The Secretary may provide—
(1) a grant to any eligible applicant to carry out
a qualified control project in accordance with this sec-
tion; and
(2) a grant to any State to carry out an assess-
ment project in accordance with this section to assess,
consistent with relevant State plans that have been
developed in whole or in part for the conservation of
fish, wildlife, and their habitats—
(A) the needs to restore, manage, or enhance
native fish or wildlife and their natural habitats
and processes in the State through control of
harmful nonnative species; and
(B) priorities for actions to address such
needs.
Such program shall be known as the ‘‘Aldo Leopold Native
Heritage Grant Program’’.
(b) FUNCTIONS OF THE SECRETARY.—
(1) IN GENERAL.—The Secretary shall—
(A) solicit, receive, review, evaluate, and
approve applications for grants under this sec-
tion;
(B) consult with the Council on the projects
proposed for grants under this section, including
regarding the priority of proposed projects for
such grants; and
(C) consult with the Council regarding the
development of the database required under sub-
section (j).
(2) ADVICE.—To obtain advice regarding pro-
posed grants under this section, including advice on
the scientific merit, technical merit, and feasibility of
a proposed grant, the Secretary shall consult with the
advisory committee established under section 3(b) of
Executive Order 13112 of February 3, 1999.
(3) DELEGATION OF AUTHORITY.—The Secretary
may delegate to another Federal instrumentality the
authority of the Secretary under this section, other
than the authority to approve applications for grants
and make grants.
(c) FUNCTIONS
OF
THE
COUNCIL.—The Council
shall—
(1) consult with the Secretary to create criteria
and guidelines for grants under this section;
(2) consult with the Secretary regarding whether
proposed control projects are qualified control
projects; and
(3) carry out functions relating to monitoring
control projects under subsection (j).
(d) ELIGIBLE APPLICANT.—To be an eligible appli-
cant for purposes of subsection (a)(1), an applicant shall—
(1) be a State, local government, interstate or re-
gional agency, or private person; and
(2) have adequate personnel, funding, and au-
thority to carry out and monitor or maintain a con-
trol project.
(e) QUALIFIED CONTROL PROJECT.—
(1) IN
GENERAL.—To be a qualified control
project under this section, a project shall—
(A) control harmful nonnative species on
the lands or waters on which it is conducted;
(B) include a plan for monitoring the
project area and maintaining effective control of
harmful nonnative species after the completion of
the project, that is consistent with standards for
monitoring developed under subsection (j);
(C) be conducted in partnership with a
Federal agency; and
(D) be conducted on non-Federal lands or
waters that, for purposes of carrying out the
project, are under the control of the eligible ap-
plicant applying for the grant under this section
and on adjacent Federal lands or waters admin-
istered by the Federal agency referred to in sub-
paragraph (C), that are—
(i) administered for the long-term con-
servation of such lands and waters and the
native fish and wildlife dependent thereon;
and
(ii) managed to prevent the future re-
introduction or dispersal of harmful non-
native species from the lands and waters on
which the project is carried out.
(2) 
OTHER
FACTORS
FOR
SELECTION
OF
PROJECTS.—In ranking qualified control projects, the
Secretary may consider the following:
(A) The extent to which a project would ad-
dress the operational backlog of the National
Wildlife Refuge System attributed to nonnative
species.
(B) Whether a project will encourage in-
creased coordination and cooperation among one
or more Federal agencies and State or local gov-
ernment agencies or nongovernmental or other
private entities to control harmful nonnative
species.
(C) Whether a project fosters public-private
partnerships and uses Federal resources to en-
courage increased private sector involvement, in-
cluding consideration of the amount of private
funds or in-kind contributions to control harmful
nonnative species.
(D) The extent to which a project would aid
the conservation of species that are listed under
the Endangered Species Act of 1973 (16 U.S.C.
1531 et seq.).
(E) Whether a project includes pilot testing
or a demonstration of an innovative technology
having the potential for improved cost-effective-
ness in controlling harmful nonnative species.
(f) DISTRIBUTION OF CONTROL GRANT AWARDS.—In
making grants for control projects under this section the
Secretary shall, to the greatest extent practicable, ensure—
(1) a balance of smaller and larger projects con-
ducted with grants under this section; and
(2) an equitable geographic distribution of
projects carried out with grants under this section,
among all States within which such projects are pro-
posed to be conducted.
(g) GRANT DURATION.—
(1) IN GENERAL.—Each grant under this section
shall be to provide funding for the Federal share of
the cost of a project carried out with the grant for up
to 2 fiscal years.
(2) RENEWAL.—(A) If the Secretary, after re-
viewing the reports under subsection (h) regarding a
control project, finds that the project is making satis-
factory progress, the Secretary may renew a grant
under this section for the project for an additional 3
fiscal years.
(B) The Secretary may renew a grant under this
section to implement the monitoring and maintenance
plan required for a control project under subsection
(e)(1)(B) for up to 5 fiscal years after the project is
otherwise completed.
(h) REPORTING BY GRANTEE.—
(1) IN GENERAL.—(A) A grantee carrying out a
control project with a grant under this section shall
report annually to the Secretary.
(B) A State carrying out assessment project with
a grant under this section shall submit the assessment
to the Secretary no later than 24 months after the
grant is awarded.
(2) REPORT CONTENTS.—Each report under this
subsection shall include the following information
with respect to each project covered by the report:
(A) In the case of a control project—
(i) the information described in sub-
paragraphs (B), (D), and (F) of subsection
(k)(2); and
(ii) specific information on the meth-
ods and techniques used to control harmful
nonnative species in the project area, in-
cluding any specific information on the
methods and techniques used to restore na-
tive fish, wildlife, or their habitats in the
project area.
(B) A detailed report of the funding for the
grant and the expenditures made.
(i) COST SHARING FOR PROJECTS.—
(1) FEDERAL
SHARE.—Except as provided in
paragraphs (2) and (3), the Federal share of the cost
of a project carried out with a grant under this sec-
tion shall not exceed 75 percent of such cost.
(2) INNOVATIVE TECHNOLOGY COSTS.—The Fed-
eral share of the incremental additional cost of in-
cluding in a control project any pilot testing or a
demonstration of an innovative technology described
in subsection (e)(2)(E) shall be 85 percent.
(3) PROJECTS
ON
FEDERAL
LANDS
OR
WA-
TERS.—The Federal share of the cost of the portion of
a control project funded with a grant under this sec-
tion that is carried out on Federal lands or waters,
including the cost of acquisition by the Federal Gov-
ernment of inholdings within Federal lands or waters
for use for such a project, shall be 100 percent.
(4) APPLICATION OF IN-KIND CONTRIBUTIONS.—
The Secretary may apply to the non-Federal share of
costs of a control project carried out with a grant
under this section the fair market value of services or
any other form of in-kind contribution to the project
made by non-Federal interests that the Secretary de-
termines to be an appropriate contribution equivalent
to the monetary amount required for the non-Federal
share of the activity.
(5) DERIVATION OF NON-FEDERAL SHARE.—The
non-Federal share of the cost of a control project car-
ried out with a grant under this section may not be
derived from a Federal grant program or other Fed-
eral funds.
(j) MONITORING
AND MAINTENANCE
OF CONTROL
GRANT PROJECTS.—
(1) REQUIREMENTS.—The Council, in consulta-
tion with the Secretary, shall develop requirements for
the monitoring and maintenance of a control project
to ensure that the requirements under subsections
(e)(1)(A) and (B) are achieved.
(2) DATABASE
OF
GRANT
PROJECT
INFORMA-
TION.—The Council shall develop and maintain an
appropriate database of information concerning con-
trol projects carried out with grants under this sub-
section, including information on project techniques,
project completion, monitoring data, and other rel-
evant information.
(3) USE OF EXISTING PROGRAMS.—The Council
shall use existing programs within the Federal Gov-
ernment to create and maintain the database required
under this subsection.
(4) PUBLIC
AVAILABILITY.—The Council shall
make the information collected and maintained under
this subsection available to the public.
(k) REPORTING BY SECRETARY.—
(1) IN GENERAL.—The Secretary shall, by not
later than 2 years after the date of the enactment of
this Act and every 2 years thereafter, report to the ap-
propriate Committees on the implementation of this
section.
(2) REPORT CONTENTS.—A report under para-
graph (1) shall include a biennial assessment of—
(A) trends in the population size and dis-
tribution of harmful nonnative species in the
project area for each control project carried out
with a grant under this section, and in the adja-
cent areas as defined by the Secretary;
(B) data on the number of acres of native
fish and wildlife habitat restored, protected, or
enhanced under this section, including descrip-
tions of, and partners involved with, control
projects selected, in progress, and completed
under this section with respect to those acres by
Federal, State, and local agencies and other enti-
ties;
(C) trends in the population size and dis-
tribution of native species in the project areas,
and in adjacent areas as defined by the Sec-
retary;
(D) an estimate of the long-term success of
varying conservation techniques used in carrying
out control projects with grants under this sec-
tion;
(E) an annual assessment of the status of
control projects carried out with grants under
this section, including an accounting of expendi-
tures by Federal, State, regional, and local gov-
ernment agencies and other entities to carry out
such projects;
(F) a review of the environmental soundness
of the control projects carried out with grants
under this section;
(G) a review of efforts made to maintain an
appropriate database of grants under this sec-
tion; and
(H) a review of the geographical distribu-
tion of Federal money, matching funds, and in-
kind contributions for control projects carried
out with grants under this section.
(l) COOPERATION OF NON-FEDERAL INTERESTS.—The
Secretary may not make a grant under this section for a
control project on Federal lands before a non-Federal inter-
est has entered into a written agreement with the Secretary
under which the non-Federal interest agrees to—
(1) monitor and maintain the control project in
accordance with the plan required under subsection
(e)(1)(B); and
(2) provide any other items of cooperation the
Secretary considers necessary to carry out the project.
SEC. 5. CREATION OF A RAPID RESPONSE CAPABILITY TO
HARMFUL NONNATIVE SPECIES.
(a) ESTABLISHMENT.—The Secretary may provide fi-
nancial assistance to enable a rapid response to outbreaks
of harmful nonnative species that are at a stage at which
rapid eradication or control is possible, and ensure eradi-
cation or immediate control of the harmful nonnative spe-
cies.
(b) REQUIREMENTS FOR ASSISTANCE.—The Secretary
shall provide assistance under this section, at the request
of the Governor of a State, to local and State agencies or
nongovernmental entities for the eradication of an imme-
diate harmful nonnative species threat in the State only
if—
(1) there is a demonstrated need for the assist-
ance;
(2) the harmful nonnative species is considered
to be an immediate threat to native fish, wildlife, or
their habitats, as determined by the Secretary; and
(3) the proposed response to such threat—
(A) is technically feasible; and
(B) minimizes adverse impacts to the struc-
ture and function of an ecosystem and adverse
effects on non-target species and ecosystems.
(c) AMOUNT OF FINANCIAL ASSISTANCE.—The Sec-
retary shall determine the amount of financial assistance
to be provided under this section with respect to an outbreak
of a harmful nonnative species, subject to the availability
of appropriations.
(d) COST SHARE.—The Federal share of the cost of any
activity carried out with assistance under this section may
be up to 100 percent.
(e) MONITORING
AND REPORTING.—The Secretary
shall—
(1) require that persons receiving assistance
under this section report on activities carried out
with such assistance in the same manner as control
project grantees under section 4; and
(2) monitor and report on activities carried out
with assistance under this section in accordance with
the requirements that apply with respect to control
projects carried out with assistance under section 4.
SEC. 6. RELATIONSHIP TO OTHER AUTHORITIES.
Nothing in this Act affects authorities, responsibilities,
obligations, or powers of the Secretary under any other stat-
ute.
SEC. 7. AUTHORIZATION OF APPROPRIATIONS.
(a) ALDO LEOPOLD NATIVE HERITAGE PROGRAM
GRANTS.—There is authorized to be appropriated to the
Secretary to carry out section 4 $62,000,000 for each of fis-
cal years 2003 through 2008.
(b) RAPID RESPONSE ASSISTANCE.—There is author-
ized to be appropriated to the Secretary to carry out section
5 $10,000,000 for each of fiscal years 2003 through 2008.
(c) MONITORING.—There is authorized to be appro-
priated to the Secretary to support the Council in its acqui-
sition, maintenance, and management of monitoring data
on grant projects carried out under this Act, $3,000,000 for
each of fiscal years 2003 through 2008.
(d) CONTINUING
AVAILABILITY.—Amounts appro-
priated under this Act may remain available until ex-
pended.
(e) ADMINISTRATIVE EXPENSES OF SECRETARY.—Of
amounts available each fiscal year to carry out this Act,
the Secretary may expend not more than 5 percent to pay
the administrative expenses necessary to carry out this Act,
including such expenses incurred by the Council.
Amend the title so as to read: ‘‘A bill to control
harmful nonnative species on Federal lands, and for
other purposes.’’.
Calendar No. 307
107TH CONGRESS
2D SESSION
H. R. 3558
[Report No. 107–512]
A BILL
To protect, conserve, and restore native fish, wild-
life, and their natural habitats on Federal lands
through cooperative, incentive-based grants to
control, mitigate, and eradicate harmful non-
native species, and for other purposes.
JUNE 18, 2002
Reported with amendments, committed to the Committee
of the Whole House on the State of the Union, and or-
dered to be printed