Resources of the House of Representatives and the 
Committee on Environment and Public Works of the 
Senate. 
(2) CONTROL.—The term ‘‘control’’ means, as 
appropriate, eradicating, suppressing, reducing, or 
managing harmful nonnative species from areas 
where they are present; taking steps to detect early 
infestations on at-risk native habitats; and restoring 
native species and habitats to reduce the effects of 
harmful nonnative species. 
(3) COUNCIL.—The term ‘‘Council’’ means the 
National Invasive Species Council established by sec-
tion 6(a). 
(4) ENVIRONMENTAL SOUNDNESS.—The term 
‘‘environmental soundness’’ means the extent of in-
clusion of methods, efforts, actions, or programs to 
prevent or control infestations of harmful nonnative 
species, that—
(A) minimize adverse impacts to the struc-
ture and function of an ecosystem and adverse 
effects on nontarget species and ecosystems; 
and 
(B) emphasize integrated management 
techniques.
(5) FEDERAL
LANDS.—The term ‘‘Federal 
lands’’ means all lands and waters that are owned 
and administered by the Department of the Interior 
or the Forest Service or are held in trust by the 
Federal Government for an Indian tribe. 
(6) HARMFUL NONNATIVE SPECIES.—The term 
‘‘harmful nonnative species’’—
(A) subject to subparagraph (B), means, 
with respect to a particular ecosystem in a par-
ticular region, any species, including its seeds, 
eggs, spores, or other biological material capa-
ble of propagating that species, that is not na-
tive to that ecosystem and has a demonstrable 
or potentially demonstrable negative environ-
mental or economic impact in that region; and 
(B) does not include nonferal livestock. 
(7) INDIAN TRIBE.—The term ‘‘Indian tribe’’ 
has the meaning given that term in section 4 of the 
Indian Self-Determination and Education Assistance 
Act (25 U.S.C. 450b). 
(8) NATIONAL MANAGEMENT PLAN.—The term 
‘‘National Management Plan’’ means the manage-
ment 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 
Virgin Islands, Guam, American Samoa, the Com-
monwealth 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 section; and 
(2) a grant to any State to carry out an assess-
ment project consistent with relevant State plans 
that have been developed in whole or in part for the 
conservation of native fish, wildlife, and their habi-
tats, and in accordance with this section, to—
(A) identify harmful nonnative species that 
occur in the State;
(B) assess the needs to restore, manage, or 
enhance native fish and wildlife and their nat-
ural habitats and processes in the State;
(C) identify priorities for actions to ad-
dress such needs; 
(D) identify mechanisms to increase capac-
ity building in a State or across State lines to 
conserve and protect native fish and wildlife 
and their habitats and to detect and control 
harmful nonnative species within the State; and 
(E) incorporate, where applicable, the 
guidelines of the National Management Plan. 
The grant program under this section shall be known as 
the ‘‘Aldo Leopold Native Heritage Grant Program’’. 
(b) FUNCTIONS OF THE SECRETARY.—
(1) IN GENERAL.—The Secretary shall—
(A) publish guidelines for and solicit appli-
cations for grants under this section not later 
than 6 months after the date of enactment of 
this Act; 
(B) receive, review, evaluate, and approve 
applications for grants under this section; 
(C) consult with the council on the projects 
proposed for grants under this section, includ-
ing regarding the priority of proposed projects 
for such grants; and
(D) consult with the Council regarding the 
development of the database required under 
subsection (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 
6(f). 
(3) DELEGATION
OF
AUTHORITY.—The Sec-
retary may delegate to another Federal instrumen-
tality the authority of the Secretary under this sec-
tion, other than the authority to approve applica-
tions 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 wheth-
er 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 
regional 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; 
(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 
subparagraph (C), that are—
(i) administered for the long-term 
conservation 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; and 
(E) encourage public notice and outreach 
on control project activities in the affected com-
munity. 
(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 
address the operational backlog attributed to 
harmful nonnative species on habitats impor-
tant to native fish and wildlife throughout any 
system of Federal lands. 
(B) Whether a project will encourage in-
creased coordination and cooperation among 
one or more Federal agencies and State or local 
government agencies or nongovernmental or
other private entities to control harmful non-
native species. 
(C) Whether a project fosters public-pri-
vate partnerships and uses Federal resources to 
encourage increased private sector involvement, 
including consideration of the amount of private 
funds or in-kind contributions to control harm-
ful 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 test-
ing or a demonstration of an innovative tech-
nology having the potential for improved cost-
effectiveness in controlling harmful nonnative 
species. 
(F) The extent to which a project con-
siders 
the 
potential 
for 
unintended 
con-
sequences of control methods on ecosystems and 
includes contingency measures. 
(f) DISTRIBUTION OF CONTROL GRANT AWARDS.—
In making grants for control projects under this section 
the Secretary shall, to the greatest extent practicable, en-
sure—
(1) a balance of smaller and larger projects 
conducted 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 sec-
tion 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 sat-
isfactory 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 main-
tenance 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 to the Secretary every 24 months or at 
the expiration of the grant, whichever is of shorter 
duration. 
(B) A State carrying out an assessment project 
with a grant under this section shall submit the as-
sessment pursuant to subsection (a)(2) to the Sec-
retary no later than 24 months after the date on 
which the grant is awarded. 
(2) REPORT
CONTENTS.—Each report under 
this subsection shall include the following informa-
tion with respect to each project covered by the re-
port: 
(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 
native fish, wildlife, or their habitats in the 
project area. 
(B) A detailed report of the funding for 
the grant and the expenditures made.
(3) INTERIM
UPDATE.—Each grantee under 
subsection (h)(1)(A) of this Section shall also submit 
annually a brief synopsis to the Secretary, either 
electronically or in writing, that includes—
(A) a chronological list of project progress; 
and 
(B) use of awarded funds. 
(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 
section shall not exceed 75 percent of such cost. 
(2) INNOVATIVE
TECHNOLOGY
COSTS.—The 
Federal share of the incremental additional cost of 
including 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 
section that is carried out on Federal lands or wa-
ters, including the cost of acquisition by the Federal 
Government of lands or waters for use for such a 
project, shall be 100 percent.
(4) 
APPLICATION
OF
IN-KIND
CONTRIBU-
TIONS.—The Secretary may apply to the non-Fed-
eral 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 determines to be an appropriate con-
tribution equivalent to the monetary amount re-
quired 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 carried out with a grant under this section 
may not be derived from a Federal grant program 
or other Federal 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 sub-
sections (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 re-
quired 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 3 years after the date of the enactment 
of this Act and every 2 years thereafter, report to 
the appropriate Committees on the implementation 
of this section and make a one-time determination of 
whether the programs should be expanded to lands 
and waters that are owned and administered by Fed-
eral agencies other than those referred to in this 
Act. 
(2) REPORT CONTENTS.—A report under para-
graph (1) shall include an 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
(F) a review of the environmental sound-
ness 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 
section; 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-Fed-
eral interest 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 for a period of one fiscal year 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 eradication or immediate control 
of the harmful nonnative species. 
(b) REQUIREMENTS
FOR ASSISTANCE.—The Sec-
retary 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 immediate 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 
structure and function of an ecosystem and ad-
verse effects on non-target species and eco-
systems.
(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 out-
break of a harmful nonnative species, subject to the avail-
ability 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. NATIONAL INVASIVE SPECIES COUNCIL. 
(a) ESTABLISHMENT.—There is established as an 
independent entity within the executive branch the Na-
tional Invasive Species Council. The Council shall provide 
leadership and coordination among Federal agencies, and 
between the Federal Government and State and local gov-
ernments, with respect to efforts to minimize the eco-
nomic, ecological, and human health impacts that harmful 
nonnative species cause and reduce the threat of further 
invasions. 
(b) MEMBERSHIP.—
(1) IN GENERAL.—The Council shall consist of 
the following members: 
(A) The Secretary of the Interior. 
(B) The Secretary of Agriculture. 
(C) The Secretary of Commerce. 
(D) The Secretary of State. 
(E) The Secretary of the Treasury. 
(F) The Secretary of Defense. 
(G) The Secretary of Transportation. 
(H) The Secretary of Health and Human 
Services. 
(I) The Administrator of the Environ-
mental Protection Agency. 
(J) The Administrator of the United 
States Agency for International Development. 
(K) Such additional members as may be 
appointed under paragraph (2). 
(2) ADDITIONAL MEMBERS.—With the concur-
rence of a majority of the members of the Council, 
the Chair of the Council may appoint additional 
members to the Council from among individuals who
are officers or employees of the Federal Government 
with significant responsibilities concerning harmful 
nonnative species. 
(c) CHAIR.—The Secretary of the Interior shall serve 
as chair of the Council for the 3-year period beginning 
on the date of the enactment of this Act. Thereafter, the 
chair shall rotate every 3 years among the following mem-
bers, in the order stated: 
(1) The Secretary of Commerce. 
(2) The Secretary of Agriculture. 
(3) The Secretary of the Interior. 
(d) MEETINGS.—The Council shall meet at least 
semiannually, at the call of the chair. 
(e) DUTIES.—
(1) IN
GENERAL.—The Council shall ensure 
that Federal agency efforts concerning harmful non-
native species are coordinated, effective, complemen-
tary, and cost-efficient. 
(2) SPECIFIC FUNCTIONS.—To carry out sub-
section (a) the Council shall perform the following 
functions: 
(A) Coordinate with existing organizations 
addressing harmful nonnative species to imple-
ment the National Management Plan.
(B) Develop recommendations for coopera-
tion among Federal and State Governments 
and other nations, when appropriate, on tools, 
policies, and methods to prevent the spread of 
harmful nonnative species across political 
boundaries. 
(C) Develop guidelines for Federal agency 
efforts to ensure that Federal programs con-
cerning harmful nonnative species, including 
outreach programs, are coordinated with State, 
local, and tribal governments. 
(D) Develop, in consultation with the 
Council on Environmental Quality, guidance to 
Federal agencies pursuant to the National En-
vironmental Policy Act of 1969 (42 U.S.C. 
4321 et seq.) on prevention, control, and eradi-
cation of harmful nonnative species. 
(E) Establish and maintain a publicly ac-
cessible, coordinated, up-to-date information 
sharing system that—
(i) allows the access to and exchange 
of information among Federal agencies 
and the public; 
(ii) utilizes, to the greatest extent 
practicable, the Internet; and
(iii) is consistent with the database 
developed under section 4(j)(2). 
(F) Ensure that Federal agencies imple-
ment the plans, programs, and policies in the 
National Management Plan through appro-
priate actions, including working in cooperation 
with Federal agencies on development of a co-
ordinated budget pursuant to the President’s 
annual budget submission to the Congress.
(G) Evaluate Federal programs that are 
likely to cause or promote the introduction or 
spread of harmful nonnative species in the 
United States, and recommend actions Federal 
agencies can take to minimize the risk of intro-
ductions or further spread of harmful nonnative 
species. 
(f) INVASIVE SPECIES ADVISORY COMMITTEE.— 
(1) IN GENERAL.—The Council shall have an 
advisory committee to provide information and ad-
vice for consideration by the Council, which shall be 
known as the Invasive Species Advisory Committee. 
Except as otherwise provided in this section, the ad-
visory committee shall be organized, perform the 
functions, and have the authorities specified in the
charter for such advisory committee signed by the 
Secretary of the Interior on October 30, 2001. 
(2) APPOINTMENT.—Members of the advisory 
committee shall be appointed by the chair of the 
Council, after consultation with the other members 
of the Council, from among individuals representing 
stakeholders with respect to Federal programs for 
minimizing the economic, ecological, and human 
health impacts that harmful nonnative species cause. 
(3) FUNCTIONS.—In addition to the functions 
specified in the charter referred to in paragraph (1), 
the advisory committee shall recommend to the 
Council plans and actions at local, tribal, State, re-
gional, and ecosystem-based levels to achieve the 
goals of the National Management Plan.
(4) CONTINUING OPERATION OF EXISTING COM-
MITTEE.—Any advisory committee appointed before 
the date of the enactment of this Act pursuant to 
the charter referred to in paragraph (1) may con-
tinue in effect under this section. 
SEC. 7. RELATIONSHIP TO OTHER AUTHORITIES. 
Nothing in this Act affects authorities, responsibil-
ities, obligations, or powers of the Secretary under any 
other statute.
SEC. 8. BUDGET CROSSCUT. 
The Director of the Office of Management and Budg-
et shall prepare and submit to the Congress, after con-
sultation with the Council, by not later than March 31 
of 2004 and of each year thereafter—
(1) a comprehensive budget analysis and sum-
mary of all Federal programs relating to invasive 
species; and 
(2) an annual list of priorities, ranked in high, 
medium, and low categories, of Federal efforts and 
programs in the following areas: 
(A) Early detection and rapid response. 
(B) Control, management, and restoration. 
(C) Research and monitoring. 
(D) Information management. 
(E) Public outreach and partnership ef-
forts. 
SEC. 9. AUTHORIZATION OF APPROPRIATIONS. 
(a) ALDO LEOPOLD NATIVE HERITAGE PROGRAM 
GRANTS.—There is authorized to be appropriated to the 
Secretary to carry out section 4—
(1) $55,000,000 for fiscal year 2004; 
(2) $57,500,000 for fiscal year 2005; 
(3) $60,000,000 for fiscal year 2006; 
(4) $62,500,000 for fiscal year 2007; and 
(5) $65,000,000 for fiscal year 2008.
(b) RAPID RESPONSE ASSISTANCE.—There is au-
thorized to be appropriated to the Secretary to carry out 
section 5 $20,000,000 for each of fiscal years 2004 
through 2008. 
(c) MONITORING.—There is authorized to be appro-
priated to the Secretary to support the Council in its ac-
quisition, maintenance, and management of monitoring 
data on grant projects carried out under this Act—
(1) $3,000,000 for fiscal year 2004; 
(2) $4,000,000 for fiscal year 2005; 
(3) $5,000,000 for fiscal year 2006; 
(4) $6,000,000 for fiscal year 2007; and 
(5) $7,000,000 for fiscal year 2008. 
(d) NATIONAL INVASIVE SPECIES COUNCIL AND AD-
VISORY COMMITTEE.—There is authorized to be appro-
priated to carry out section 6 $2,000,000 for each of fiscal 
years 2004 through 2008. 
(e) CONTINUING AVAILABILITY.—Amounts appro-
priated under this Act may remain available until ex-
pended. 
(f) 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.
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