interdiction, or research regarding brown tree snakes on 
lands and facilities under their jurisdiction. 
(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 
Executive Order No. 13112 (42 U.S.C. 4321 note), guide-
lines 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 avail-
ability of appropriations to carry out this section, the Sec-
retaries shall provide funds to support brown tree snake 
control, interdiction, research, and eradication efforts car-
ried out by the Department of the Interior and the De-
partment of Agriculture, other Federal agencies, States, 
territorial governments, local governments, and private 
sector entities. Funds may be provided through grants,
contracts, reimbursable agreements, or other legal mecha-
nisms available to the Secretaries for the transfer of Fed-
eral funds. 
(b) AUTHORIZED ACTIVITIES.—Brown tree snake 
control, interdiction, research, and eradication efforts au-
thorized by this section shall include at a minimum the 
following: 
(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 science-based efforts to pro-
tect 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 for the Animal and Plant 
Health Inspection Service, Wildlife Services, Na-
tional Wildlife Research Center of the Department 
of Agriculture related to brown tree snakes. 
(5) Continuation, expansion, and provision of 
sustained research funding related to brown tree 
snakes for the Fort Collins Science Center of the 
United States Geological Survey and other research 
institutions located in areas affected by the brown 
tree snake. 
(6) Expansion of long-term research into chem-
ical and biological control techniques that could lead 
to large-scale reduction of brown tree snake popu-
lations in Guam or other sites where the brown tree 
snake might become established. 
(7) Expansion of short, medium, and long-term 
research, funded by all Federal agencies interested 
in or affected by brown tree snakes, into interdic-
tion, detection, and early control of brown tree 
snakes. 
(8) Provision of planning assistance for the con-
struction or renovation of centralized multi-agency 
facilities in Guam to support Federal, State, and 
territorial brown tree snake control, interdiction, re-
search and eradication efforts, including office space, 
laboratory space, animal holding facilities, and snake 
detector dog kennels.
(9) Provision of technical assistance to the 
Freely Associated States on matters related to 
brown tree snakes through the mechanisms con-
tained within a Compact of Free Association dealing 
with environmental, 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)(8)) the fol-
lowing 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 
Development, 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. 
(4) For activities conducted through the Fish 
and Wildlife Service, not more than $2,600,000 for 
each of the fiscal years 2005 through 2010.
(5) For activities conducted through the United 
States Geological Survey, Biological Resources, not 
more than $1,300,000 for each of the fiscal years 
2005 through 2010. 
(d) CONSTRUCTION PLANNING ASSISTANCE.—There 
is authorized to be appropriated to carry out subsection 
(b)(8) the following amounts: 
(1) To the Secretary of Agriculture, not more 
than $2,300,000 for each of the fiscal years 2005 
through 2010. 
(2) To the Secretary of the Interior, not more 
than $2,300,000 for each of the fiscal years 2005 
through 2010. 
SEC. 6. LEGAL MECHANISMS TO CONTROL THE INTRODUC-
TION AND SPREAD OF BROWN TREE SNAKES. 
(a) DESIGNATION OF AGRICULTURAL PEST.—The 
brown tree snake is hereby designated as an agricultural 
pest in the United States under section 28 of the Federal 
Insecticide, Fungicide, and Rodenticide Act (7 U.S.C. 
136w–3). 
(b) QUARANTINE PROTOCOLS.—Not later than two 
years after of the date of the enactment of this Act, the 
Secretaries shall establish, by regulation, a system of pre-
departure quarantine protocols for persons traveling from, 
and baggage, cargo and other items being shipped from,
Guam and other United States locations where brown tree 
snakes may have become established to prevent the intro-
duction or spread of the brown tree snake. Under such 
system, Federal quarantine, natural resource, conserva-
tion, and law enforcement officers and inspectors may en-
force State and territorial laws regarding the illegal impor-
tation, possession, or introduction of brown tree snakes. 
These efforts shall be conducted in cooperation with the 
appropriate State and territorial quarantine, natural re-
source, conservation, and law enforcement officers. 
(c) NONMAILABLE MATTER.—Consistent with sub-
section (c), brown tree snakes constitute nonmailable mat-
ter under section 3015 of title 39, United States Code. 
SEC. 7. BROWN TREE SNAKE CONTROL AND ERADICATION 
COMMITTEE. 
(a) ESTABLISHMENT.—The Secretaries shall estab-
lish a committee, to be known as the Brown Tree Snake 
Control and Eradication Committee, for the purpose of 
providing coordination among Federal agencies, and be-
tween the United States Government and State, terri-
torial, and local governments, with respect to efforts re-
lated to brown tree snake control, interdiction, research, 
and eradication in Guam, the Commonwealth of the 
Northern Mariana Islands, Hawaii, the Freely Associated
States, and other areas of the United States in which the 
brown tree snake is, or may be, introduced. 
(b) MEMBERSHIP.—
(1) VOTING MEMBERS.—The voting members of 
the Committee shall consist of at least one rep-
resentative from each of the following agencies: 
(A) The Office of Insular Affairs, ap-
pointed 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 State 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, 
appointed by the Secretary of Transportation.
(H) The Department of Homeland Secu-
rity, appointed by the Secretary of Homeland 
Security. 
(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, ap-
pointed 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 North-
ern Mariana Islands, appointed by the Governor 
of the Commonwealth of the Northern Mariana 
Islands.
(P) Such additional voting members as 
may be designated under paragraph (3). 
(2) NONVOTING
MEMBERS.—Nonvoting mem-
bership to the Committee shall be extended to rep-
resentatives of the Freely Associated States as fol-
lows: 
(A) The Republic of Palau, appointed by 
the President of Palau. 
(B) The Federated States of Micronesia, 
appointed 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 (3). 
(3) ADDITIONAL MEMBERS.—With the concur-
rence of a majority of the voting members of the 
Committee, the chairperson of the Committee may 
designate additional voting and nonvoting members 
to the Committee from Federal, State, territorial, or 
local government agencies, and private sector enti-
ties with significant responsibilities concerning 
brown tree snake control, interdiction, research, and 
eradication.
(4) TERM.—The term of a voting or nonvoting 
member’s representative on the Committee shall be 
three years. A member may be reappointed for addi-
tional terms. Vacancies shall be filed in the same 
manner as the original appointment. 
(5) COMMITTEE
MEETINGS.—The Committee 
shall meet at least annually, at the call of the chair-
person. 
(c) DUTIES AND FUNCTIONS OF THE COMMITTEE.—
The Committee shall ensure that Federal, State, terri-
torial, 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 rec-
ommend governmental actions to minimize the risk 
of introduction 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 en-
actment 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 Nonindigenous Aquatic Nuisance Prevention and 
Control Act of 1990 (16 U.S.C. 4728), to coordinate 
Federal, State, territorial, and local government ef-
forts to control, interdict, eradicate or conduct re-
search on the brown tree snake, and subsequently 
revise and update this Plan every five years there-
after. 
(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 
eradication 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 nonindige-
nous snake species in Guam, the Common-
wealth of the Northern Mariana Islands, Ha-
waii, and American 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 
shortfalls and future funding needs to support 
Federal, State, territorial, and local government 
efforts to control, interdict, eradicate, or con-
duct research on the brown tree snake.
(G) An assessment of regulatory limita-
tions that hinder Federal, State, territorial, and 
local government efforts to control, interdict, 
eradicate or conduct research on the brown tree 
snake. 
(d) 
COMMITTEE
CHAIRPERSON
AND
COORDI-
NATOR.—
(1) APPOINTMENT.—The Secretaries shall—
(A) appoint a member of the Committee to 
serve as chairperson of the Committee, with a 
term of three years; and 
(B) hire a Federal Interagency Brown 
Tree Snake Coordinator to serve on the staff of 
the chairperson. 
(2) 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-effec-
tive through the Committee. Specific duties of the 
chairperson include the following: 
(A) Coordinate and oversee the meetings of 
the Committee. 
(B) Coordinate and oversee the Commit-
tee’s work to produce the biennial brown tree
snake control, research, interdiction, and eradi-
cation 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 Asso-
ciated State governments to prevent the in-
troduction 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 pro-
vide assistance to the National Invasive Species 
Council related to brown tree snakes. 
(3) LIMITATION.—Notwithstanding paragraph 
(2), 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 agen-
cies represented on the Committee shall retain con-
trol over decisions regarding their respective funds, 
although the chairperson may participate in plan-
ning and implementation of activities with respect to 
such funds.
(e) STAFF.—The Secretaries may hire staff to assist 
the Committee and the chairperson in carrying out their 
respective duties and functions. 
(f) 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 
appropriated to carry out this Act for a fiscal year, the 
Secretaries may expend not more than five percent to 
cover the administrative expenses necessary to carry out 
this Act.
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