II 
108TH CONGRESS 
2D SESSION 
H. R. 3479 
IN THE SENATE OF THE UNITED STATES 
SEPTEMBER 29, 2004 
Received 
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 Representa-
tives of the United States of America in Congress assembled,
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brown tree snake outside of the range where this 
species is endemic. 
(5) SECRETARY.—The term ‘‘Secretary con-
cerned’’ means— 
(A) the Secretary of the Interior, with re-
spect to matters under the jurisdiction of the 
Department of the Interior; and 
(B) the Secretary of Agriculture, with re-
spect to matters under the jurisdiction of the 
Department of Agriculture. 
(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). 
(8) TERRITORIAL.—The term ‘‘territorial’’, 
when used to refer to a government, means the Gov-
ernment of Guam, the Government of American 
Samoa, and the Government of the Commonwealth 
of the Northern Mariana Islands, as well as autono-
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mous agencies and instrumentalities of such a gov-
ernment. 
(9) 
UNITED
STATES.—The 
term 
‘‘United 
States’’, when used in the geographic sense, means 
the several States, the District of Colombia, Amer-
ican 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 wa-
ters within the jurisdiction of the United States. 
SEC. 3. SENSE OF CONGRESS REGARDING NEED FOR IM-
PROVED AND BETTER COORDINATED FED-
ERAL POLICY FOR BROWN TREE SNAKE IN-
TRODUCTION, CONTROL, AND ERADICATION. 
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 interested parties. 
SEC. 4. 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-
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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 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 intergovern-
mental rapid response teams in Guam, the Common-
wealth of the Northern Mariana Islands, Hawaii, 
and the Freely Associated States to assist the gov-
ernments of such areas with detecting the brown 
tree snake and incipient brown tree snake popu-
lations.
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(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) Establishment and sustained funding for an 
Animal Plant and Health Inspection Service, Wild-
life Services, Operations Program State Office lo-
cated in Hawaii dedicated to vertebrate pest man-
agement in Hawaii and United States Pacific terri-
tories and possessions. Concurrently, the Animal 
Plant and Health Inspection Service, Wildlife Serv-
ices Operations Program shall establish and sustain 
funding for a District Office in Guam dedicated to 
brown tree snake control and managed by the Ha-
waii 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, Na-
tional Wildlife Research Center of the Department 
of Agriculture related to the brown tree snake, in-
cluding the establishment of a field station in Guam
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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 Sur-
vey 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 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. 
(9) Expansion of short, medium, and long-term 
research, funded by all Federal agencies interested 
in or affected by the brown tree snake, into interdic-
tion, detection, and early control of the brown tree 
snake. 
(10) Provision of planning assistance for the 
construction or renovation of centralized multi-agen-
cy 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.
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(11) Provision of technical assistance to the 
Freely Associated 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 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 2006 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 $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.
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(5) For activities conducted through the United 
States Geological Survey, Biological Resources, not 
more than $1,500,000 for each of the fiscal years 
2006 through 2010. 
(d) PLANNING ASSISTANCE.—There is authorized to 
be appropriated to the Secretary of Agriculture and the 
Secretary of the Interior such amounts as may be required 
to carry out subsection (b)(10). 
SEC. 5. ESTABLISHMENT OF QUARANTINE PROTOCOLS TO 
CONTROL THE INTRODUCTION AND SPREAD 
OF THE BROWN TREE SNAKE. 
(a) ESTABLISHMENT
OF
QUARANTINE
PROTO-
COLS.—Not later than two years after the date of the en-
actment of this Act, but subject to the memorandum of 
agreement required by subsection (b) with respect to 
Guam, the Secretaries shall establish and cause to be oper-
ated at Federal expense a system of pre-departure quar-
antine protocols for cargo and other items being shipped 
from Guam and any other United States location where 
the brown tree snake may become established to prevent 
the introduction or spread of the brown tree snake. The 
Secretaries shall establish the quarantine protocols system 
by regulation. Under the quarantine protocols system, 
Federal quarantine, natural resource, conservation, and 
law enforcement officers and inspectors may enforce State
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and territorial laws regarding the transportation, posses-
sion, or introduction of any brown tree snake. 
(b) COOPERATION AND CONSULTATION.—The activi-
ties of the Secretaries under subsection (a) shall be carried 
out in cooperation with other Federal agencies and the 
appropriate State and territorial quarantine, natural re-
source, conservation, and law enforcement officers. In the 
case of Guam, as a precondition on the establishment of 
the system of pre-departure quarantine protocols under 
such subsection, the Secretaries shall enter into a memo-
randum of agreement with the Government of Guam to 
obtain the assistance and cooperation of the Government 
of Guam in establishing the system of pre-departure quar-
antine protocols. 
(c) IMPLEMENTATION.—The system of pre-departure 
quarantine protocols to be established under subsection 
(a) shall not be implemented until funds are specifically 
appropriated for that purpose. 
(d) AUTHORIZATION OF APPROPRIATIONS.—There is 
authorized to be appropriated to carry out this section the 
following amounts: 
(1) To the Secretary of Agriculture, not more 
than $3,000,000 for each of the fiscal years 2006 
through 2010.
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(2) To the Secretary of the Interior, not more 
than $1,000,000 for each of the fiscal years 2006 
through 2010. 
SEC. 6. TREATMENT OF BROWN TREE SNAKES AS NON-
MAILABLE MATTER. 
A brown tree snake constitutes nonmailable matter 
under section 3015 of title 39, United States Code. 
SEC. 7. ROLE OF BROWN TREE SNAKE TECHNICAL WORK-
ING GROUP. 
(a) PURPOSE.—The Technical Working Group shall 
ensure that Federal, State, territorial, and local agency 
efforts concerning the brown tree snake are coordinated, 
effective, complementary, and cost-effective. 
(b) SPECIFIC DUTIES AND ACTIVITIES.—The Tech-
nical Working Group shall be responsible for the following: 
(1) The evaluation of Federal, State, and terri-
torial activities, programs and policies that are likely 
to cause or promote the introduction or spread of 
the brown tree snake in the United States or the 
Freely Associated States and the preparation of rec-
ommendations for governmental actions to minimize 
the risk of introduction or further spread of the 
brown tree snake. 
(2) The preparation of recommendations for ac-
tivities, programs, and policies to reduce and eventu-
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ally eradicate the brown tree snake in Guam or 
other areas within the United States where the 
snake may be established and the monitoring of the 
implementation of those activities, programs, and 
policies. 
(3) Any revision of the Brown Tree Snake Con-
trol Plan, originally published in June 1996, which 
was prepared to coordinate Federal, State, terri-
torial, and local government efforts to control, inter-
dict, eradicate or conduct research on the brown tree 
snake. 
(c) REPORTING REQUIREMENT.— 
(1) REPORT.—Subject to the availability of ap-
propriations for this purpose, the Technical Working 
Group shall prepare a report describing— 
(A) the progress made toward a 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) the interdiction and other activities re-
quired to reduce the risk of introduction of the 
brown tree snake or other nonindigenous snake 
species in Guam, the Commonwealth of the 
Northern Mariana Islands, Hawaii, American 
Samoa, and the Freely Associated States;
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(C) the applied and basic research activi-
ties that will lead to improved brown tree snake 
control, interdiction and eradication efforts con-
ducted by Federal, State, territorial, and local 
governments; and 
(D) the programs and activities for brown 
tree snake control, interdiction, research and 
eradication that have been funded, imple-
mented, and planned by Federal, State, terri-
torial, and local governments. 
(2) 
PRIORITIES.—The 
Technical 
Working 
Group shall include in the report a list of priorities, 
ranked in high, medium, and low categories, of Fed-
eral, State, territorial, and local efforts and pro-
grams in the following areas: 
(A) Control. 
(B) Interdiction. 
(C) Research. 
(D) Eradication. 
(3) ASSESSMENTS.—Technical Working Group 
shall include in the report the following assessments: 
(A) An assessment of current funding 
shortfalls and future funding needs to support 
Federal, State, territorial, and local government