H. R. 3479
One Hundred Eighth Congress
of the
United States of America
AT THE SECOND SESSION
Begun and held at the City of Washington on Tuesday,
the twentieth day of January, two thousand and four
An Act
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 Representatives of
the United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ‘‘Brown Tree Snake Control
and Eradication Act of 2004’’.
SEC. 2. DEFINITIONS.
In this Act:
(1) BROWN
TREE
SNAKE.—The term ‘‘brown tree snake’’
means the species of the snake Boiga irregularis.
(2) COMPACT OF FREE ASSOCIATION.—The term ‘‘Compact
of Free Association’’ means the Compacts of Free Association
entered into between the United States and the governments
of the Federated States of Micronesia and the Republic of
the Marshall Islands, as approved by and contained in Public
Law 108–188 (117 Stat. 2720; 48 U.S.C. 1921 et seq.), and
the Compact of Free Association entered into between the
United States and the government of the Republic of Palau,
as approved by and contained in Public Law 99–658 (100 Stat.
3673; 48 U.S.C. 1931 et seq.).
(3) FREELY ASSOCIATED STATES.—The term ‘‘Freely Associ-
ated States’’ means the Republic of Palau, the Federated States
of Micronesia, and the Republic of the Marshall Islands.
(4) INTRODUCTION.—The terms ‘‘introduce’’ and ‘‘introduc-
tion’’ refer to the expansion of the brown tree snake outside
of the range where this species is endemic.
(5) SECRETARY.—The term ‘‘Secretary concerned’’ means—
(A) the Secretary of the Interior, with respect to mat-
ters under the jurisdiction of the Department of the
Interior; and
(B) the Secretary of Agriculture, with respect to mat-
ters under the jurisdiction of the Department of Agri-
culture.
(6) SECRETARIES.—The term ‘‘Secretaries’’ means both the
Secretary of the Interior and the Secretary of Agriculture.
(7) TECHNICAL
WORKING
GROUP.—The term ‘‘Technical
Working Group’’ means Brown Tree Snake Technical Working
Group established under the authority of section 1209 of the
Nonindigenous Aquatic Nuisance Prevention and Control Act
of 1990 (16 U.S.C. 4728).
H. R. 3479—2
(8) TERRITORIAL.—The term ‘‘territorial’’, when used to refer
to a government, means the Government of Guam, the Govern-
ment of American Samoa, and the Government of the Common-
wealth of the Northern Mariana Islands, as well as autonomous
agencies and instrumentalities of such a government.
(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, any other possession
of the United States, and any waters within the jurisdiction
of the United States.
SEC. 3. SENSE OF CONGRESS REGARDING NEED FOR IMPROVED AND
BETTER COORDINATED FEDERAL POLICY FOR BROWN
TREE SNAKE INTRODUCTION, CONTROL, AND ERADI-
CATION.
It is the sense of Congress that there exists a need for improved
and better coordinated control, interdiction, research, and eradi-
cation of the brown tree snake on the part of the United States
and other interested parties.
SEC. 4. BROWN TREE SNAKE CONTROL, INTERDICTION, RESEARCH
AND ERADICATION.
(a) FUNDING AUTHORITY.—Subject to the availability of appro-
priations 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 governments, local governments, and private sector enti-
ties. Funds may be provided through grants, contracts, reimbursable
agreements, or other legal mechanisms available to the Secretaries
for the transfer of Federal funds.
(b) AUTHORIZED ACTIVITIES.—Brown tree snake control, inter-
diction, research, and eradication efforts authorized by this section
shall include at a minimum the following:
(1) Expansion of science-based eradication and control pro-
grams in Guam to reduce the undesirable impact of the brown
tree snake in Guam and reduce the risk of the introduction
or spread of any brown tree snake to areas in the United
States and the Freely Associated States in which the brown
tree snake is not established.
(2) Expansion of interagency and intergovernmental rapid
response teams in Guam, the Commonwealth of the Northern
Mariana Islands, Hawaii, and the Freely Associated States
to assist the governments of such areas with detecting the
brown tree snake and incipient brown tree snake populations.
(3) Expansion of efforts to protect and restore native wild-
life in Guam or elsewhere in the United States damaged by
the brown tree snake.
(4) Establishment and sustained funding for an Animal
Plant and Health Inspection Service, Wildlife Services, Oper-
ations Program State Office located in Hawaii dedicated to
vertebrate pest management in Hawaii and United States
Pacific territories and possessions. Concurrently, the Animal
H. R. 3479—3
Plant and Health Inspection Service, Wildlife Services Oper-
ations Program shall establish and sustain funding for a Dis-
trict Office in Guam dedicated to brown tree snake control
and managed by the Hawaii State Office.
(5) Continuation, expansion, and provision of sustained
research funding related to the brown tree snake, including
research conducted at institutions located in areas affected
by the brown tree snake.
(6) Continuation, expansion, and provision of sustained
research funding for the Animal Plant and Health Inspection
Service, Wildlife Services, National Wildlife Research Center
of the Department of Agriculture related to the brown tree
snake, including the establishment of a field station in Guam
related to the control and eradication of the brown tree snake.
(7) Continuation, expansion, and provision of sustained
research funding for the Fort Collins Science Center of the
United States Geological Survey related to the brown tree
snake, including the establishment of a field station in Guam
related to the control and eradication of the brown tree snake.
(8) Expansion of long-term research into chemical,
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 estab-
lished.
(9) Expansion of short, medium, and long-term research,
funded by all Federal agencies interested in or affected by
the brown tree snake, into interdiction, detection, and early
control of the brown tree snake.
(10) Provision of planning assistance for the construction
or renovation of centralized multi-agency facilities in Guam
to support Federal, State, and territorial brown tree snake
control, interdiction, research and eradication efforts, including
office space, laboratory space, animal holding facilities, and
snake detector dog kennels.
(11) Provision of technical assistance to the Freely Associ-
ated States on matters related to the brown tree snake through
the mechanisms contained 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)(10)) the following amounts:
(1) For activities conducted through the Animal and Plant
Health Inspection Service, Wildlife Services, Operations, not
more than $2,600,000 for each of the fiscal years 2006 through
2010.
(2) For activities conducted through the Animal and Plant
Health Inspection Service, Wildlife Services, National Wildlife
Research Center, Methods Development, not more than
$1,500,000 for each of the fiscal years 2006 through 2010.
(3) For activities conducted through the Office of Insular
Affairs, not more than $3,000,000 for each of the fiscal years
2006 through 2010.
(4) For activities conducted through the Fish and Wildlife
Service, not more than $2,000,000 for each of the fiscal years
2006 through 2010.