I
107TH CONGRESS
1ST SESSION
H. R. 3558
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
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. FINDINGS AND STATEMENT OF PURPOSE.
(a) FINDINGS.—The Congress finds and declares the
following:
(1) The maintenance of healthy populations of
native fish and wildlife species is dependent on the
protection, conservation, restoration, and manage-
ment of their natural habitats and processes and the
greater ecosystem.
(2) Harmful nonnative plants, animals, and in-
sects are creating significant environmental, eco-
nomic, and societal impacts on all 50 States and all
of the territories of the United States. Direct and in-
direct economic impacts are estimated to be
$137,000,000,000 annually.
(3) 46 percent of all listings of endangered spe-
cies of animals are impacted by the infestation and
proliferation of harmful nonnative species.
(4) The distribution and dispersal of harmful
nonnative species show no regard for political bound-
aries and create a need for an ecologically based ap-
proach to protect, conserve, and restore native fish,
wildlife, and their natural habitats and processes,
and to control, mitigate, and eradicate harmful non-
native species on public and private lands and wa-
ters.
(5) The long-term protection, conservation, and
restoration of native fish, wildlife, and their natural
habitats and processes will require the coordinated
action of Federal, State, and local governments, as
well as the contribution and collaboration of non-
governmental organizations, owners of land and
water rights, commercial interests, and other per-
sons.
(6) Executive Order 13112 requires Federal
agencies to provide for restoration of native species
and habitat conditions in ecosystems that have been
invaded by harmful nonnative species.
(7) Harmful nonnative species have created sig-
nificant budgetary demands on public land and
water 
managers, 
including 
contributing
$140,000,000 to the operations backlog of the Na-
tional Wildlife Refuge System.
(8) The capability within the United States to
rapidly respond at the Federal level to incipient in-
vasions of harmful nonnative species that will have
a large impact on native fish, wildlife, and their
habitats is undeveloped.
(b) PURPOSE.—The purpose of this Act is to encour-
age partnerships among public agencies and other inter-
ests for the following objectives:
(1) To protect, enhance, restore, and manage
an appropriate distribution and diversity of native
habitats for native fish and wildlife.
(2) To promote the development of State as-
sessments to establish priorities for controlling
harmful nonnative species.
(3) To promote greater cooperation among Fed-
eral, State, and local land and water managers, and
owners of private land, water rights, or other inter-
ests to implement ecologically based strategies to
eradicate, mitigate, and control harmful nonnative
species through a voluntary and incentive-based fi-
nancial assistance grant program.
(4) To establish a demonstration program using
units of the National Wildlife Refuge System as
sites to develop, test, evaluate, and monitor new
methods and technologies to eradicate, control, and
mitigate harmful nonnative species.
(5) To establish a rapid response capability to
combat incipient harmful nonnative species inva-
sions.
SEC. 3. DEFINITIONS.
For the purposes of this Act:
(1) APPROPRIATE
COMMITTEES.—The term
‘‘appropriate Committees’’ means the Committee on
Resources of the House of Representatives and the
Committee on Environment and Public Works of the
Senate.
(2) BIOREGION.—The term ‘‘bioregion’’—
(A) means a continuous natural area, such
as a watershed or river system, semiarid pla-
teau or basin, mountain range, grassland, forest
tract, or other natural area, that unites—
(i) common ecosystems that share
similar species or natural communities;
and
(ii) ecological processes and functions;
and
(B) includes such an area that extends
across the borders of municipalities, counties,
States, or countries.
(3) CAPACITY BUILDING.—The term ‘‘capacity
building’’ means the process of increasing the ad-
ministrative, technical, scientific, and other capabili-
ties of local, regional, or State entities to combat,
manage, or eradicate harmful nonnative species.
(4) 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
effects of harmful nonnative species.
(5) COUNCIL.—The term the ‘‘Council’’ means
the National Invasive Species Council created by Ex-
ecutive Order 13112 of February 3, 1999.
(6) DIRECTOR.—The term ‘‘Director’’ means
the Director of the United States Fish and Wildlife
Service.
(7) 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 and nonchemical measures.
(8) FEDERAL
LANDS.—The term ‘‘Federal
lands’’ means all lands and waters that are owned
and administered by the Department of the Interior
or National Forest Service or are held in trust by
the Federal Government for an Indian tribe.
(9) HARMFUL NONNATIVE SPECIES.—The term
‘‘harmful nonnative species’’ means, with respect to
a particular ecosystem in a particular region, any
species, including its seeds, eggs, spores, or other bi-
ological material capable of propagating that species,
that is not native to that ecosystem and has a de-
monstrable or potentially demonstrable negative en-
vironmental or economic impact in that region.
(10) 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).
(11) NATIONAL
MANAGEMENT
PLAN.—The
term ‘‘National Management Plan’’ means the man-
agement plan prepared by the National Invasive
Species Council dated January 18, 2001, and enti-
tled ‘‘Meeting the Invasive Species Challenge’’.
(12) 
SECRETARY.—The 
term 
‘‘Secretary’’
means the Secretary of the Interior.
(13) 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.
(14) STATE
ASSESSMENT.—The term ‘‘State
assessment’’ means an assessment by a State of—
(A) the needs to restore, manage, or en-
hance 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.
SEC. 4. STATE NATIVE SPECIES PROTECTION ASSESSMENT
GRANT PROGRAM.
(a) ESTABLISHMENT.—The Secretary, in consulta-
tion with the Council, may provide grants to States to fa-
cilitate local capacity building among individual, local,
State, and Federal land and owners of water rights
through the development of a State assessment that iden-
tifies priorities for restoration, management, or enhance-
ment of native fish or wildlife and their natural habitats
and processes through control of harmful nonnative spe-
cies.
(b) FUNCTIONS OF THE DIRECTOR.—The Director
shall—
(1) solicit applications for grants under this
section;
(2) administer such grants; and
(3) in consultation with the Council—
(A) provide technical and scientific advice
to the States receiving grants under this sec-
tion; and
(B) review State assessments submitted
under this section, and approve any of those
State assessments that comply with the require-
ments of subsection (d).
(c) FEDERAL SHARE.—The Federal share of the cost
of activities carried out with a grant under this section
shall be 75 percent.
(d) STATE ASSESSMENT REQUIREMENTS.—A State
assessment developed with a grant under this section
must—
(1) identify harmful nonnative species that
occur in the State within or across political bound-
aries, that must be controlled to conserve and pro-
tect native fish, wildlife, and their habitats;
(2) identify mechanisms to increase capacity
building in a State or across State lines to conserve
and protect native fish, wildlife, or their habitats,
and control harmful nonnative species within the
State;
(3) incorporate the guidelines of the National
Management Plan;
(4) incorporate or be consistent with relevant
State plans that have been developed in whole or in
part for the conservation of fish, wildlife, and their
habitats; and
(5) where practicable, identify bioregions within
and across the boundaries of the State that are con-
ducive to implementing a regional or ecological strat-
egy to control harmful nonnative species.
(e) REVIEW AND APPROVAL OF ASSESSMENTS.—
(1) SUBMISSION.—The terms of each grant
under this section shall require that within two years
after the award of the grant, the grantee shall sub-
mit a completed State assessment to the Director for
evaluation.
(2) REVIEW AND APPROVAL.—The Director, in
consultation with the Council, shall—
(A) review each complete State assessment
submitted under this section (including each as-
sessment submitted under subsection (f)); and
(B)(i) approve each such assessment if it
satisfies the requirements of subsection (d); or
(ii) disapprove such an assessment if it
does not satisfy those requirements.
(3) ASSESSMENTS
DEEMED
APPROVED.—A
State assessment submitted under this section is
deemed to have been approved by the Secretary
upon the expiration of the 60-day period beginning
on the date it is submitted by the State, if the Sec-
retary does not approve or disapprove the assess-
ment before the end of that period.
(4) 
STATEMENT
OF
REASONS
FOR
DIS-
APPROVAL.—The Secretary shall transmit to a State
a statement of the reasons the Secretary dis-
approved an assessment submitted by the State
under this section, by not later than 30 days after
the date of that disapproval.
(f) SUBMISSION AND APPROVAL OF EXISTING STATE
PLANS OR ASSESSMENTS.—A State may submit to the Di-
rector for approval as a State assessment under this sec-
tion, for purposes of section 5, a State plan or assessment
in existence on the date of the enactment of this Act.
SEC. 5. ALDO LEOPOLD NATIVE HERITAGE GRANT PRO-
GRAM.
(a) IN GENERAL.—The Secretary may provide a
grant to any eligible applicant to carry out a qualified
project in accordance with this section. 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 the Council regarding the de-
velopment of the database and standard data
formats required under subsection (l).
(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—
(A) persons with scientific expertise in con-
trolling harmful nonnative species;
(B) representatives of State agencies, in-
cluding fish and wildlife conservation and man-
agement agencies, local or regional government
agencies, and nongovernmental organizations
with expertise in native fish, wildlife, or their
habitats and their restoration; and
(C) agricultural interests, fishing interests,
and other users of resources affected by harm-
ful nonnative species.
(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 addi-
tional criteria and guidelines for Leopold Native
Heritage Grants;
(2) consult with the Secretary regarding wheth-
er proposed projects are qualified projects; and
(3) carry out functions relating to monitoring
grant projects under subsection (l).
(d) ELIGIBLE APPLICANT.—To be an eligible appli-
cant under this section, an applicant must be—
(1) a State; or
(2) a local government or private person.
(e) QUALIFIED PROJECT.—
(1) IN
GENERAL.—To be a qualified project
under this section, a project must meet the following
requirements:
(A) The objectives of the project must
include—
(i) providing for the science-based res-
toration, management, or enhancement of
native fish or wildlife or the natural habi-
tats and processes thereof;
(ii) controlling harmful nonnative spe-
cies on the lands or waters on which it is
conducted and maximizing benefits to the
environment;
(iii) addressing the pathways by which
the harmful nonnative species migrates to
or from the lands on which the project is
carried out; and
(iv) having no negative impact on the
bioregion in which it is carried out and
being technically feasible.
(B) The project must include a monitoring
plan that is consistent with standards for moni-
toring developed under subsection (l).
(C) There must be satisfactory assurance
from the non-Federal interests participating in
the project that the non-Federal interests will
have adequate personnel, funding, and author-
ity to ensure local cooperation and properly
maintain the project.
(D) The project must be carried out in a
State with a State assessment approved under
section 4, and must implement activities identi-
fied in the assessment for restoration, manage-
ment, or enhancement of native fish or wildlife
and their natural habitats and processes
through control of harmful nonnative species.
(E) The project must be conducted in
partnership with a Federal agency.
(F) The project must be conducted on
lands or waters under the control of the eligible
applicant applying for a grant under this sec-
tion, and on adjacent Federal lands or waters
administered by the Federal agency referred to
in subparagraph (E), that are—
(i) administered for the long-term
conservation of such lands and waters and
the native fish and wildlife dependent
thereon;
(ii) managed to prevent the future re-
introduction or dispersal of harmful non-
native species; or
(iii) managed as a bioregion in which
there is a project being carried out that
addresses infestation sources of harmful
nonnative species that would otherwise re-
infest the lands or waters.
(2) OTHER
FACTORS
FOR
SELECTION
OF
PROJECTS.—The Secretary shall also consider pro-
posed projects for grants under this section (subject
to paragraph (1)) based on the following factors:
(A) The extent to which the project would
aid the conservation of species that are listed,
or are candidates for listing, as threatened spe-
cies and endangered species under the Endan-
gered Species Act of 1973 (16 U.S.C. 1531 et
seq.).
(B) Whether the 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.
(C) Whether the 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 for a native fish,
wildlife, and habitat conservation activity.
(D) Whether the project occurs within an
area in a bioregion in which there is a program
being carried out that addresses infestation
sources of nonnative species that would other-
wise reinfest the area.
(f) PRIORITY FOR INNOVATIVE TECHNOLOGY.—In
selecting qualified projects for grants under this section,
the Secretary shall give priority consideration to a quali-
fied project if the project includes pilot testing or a dem-
onstration of an innovative technology having the potential
for improved cost-effectiveness in native fish, wildlife, and
habitat conservation or restoration.
(g) DISTRIBUTION OF AWARDS.—In making grants
under this section the Secretary shall seek to ensure—
(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.
(h) GRANT DURATION.—
(1) IN GENERAL.—Each grant under this sec-
tion shall be to provide funding for the Federal
share of the cost of the project carried out with the
grant for up to 2 fiscal years.
(2) RENEWAL.—If the Secretary finds that a
project is making satisfactory progress, the Sec-
retary may renew a grant under this section for the
project for an additional 2 fiscal years.
(i) REPORTING REQUIREMENT.—
(1) IN GENERAL.—A grantee under this section
shall report annually to the Secretary.
(2) REPORT
CONTENTS.—Each report under
this subsection shall include the following informa-
tion with respect to each grant covered by the re-
port:
(A) The information described in subpara-
graphs (B), (C), (D), and (G) of subsection
(m)(2).
(B) Specific information on the methods
and techniques used to conserve or restore na-
tive fish, wildlife, or their habitats in the grant
area.
(C) Specific information on the methods
and techniques used to control harmful non-
native species in the grant area.
(D) Photo documentation of the grant area
from before, during, and after the grant.
(E) A detailed report of the funding for
the grant and the expenditures made.
(F) A plan for continued monitoring of the
grant area, after the grant is completed, with
funding from a source or sources other than of
grants under this section.
(j) COST SHARING.—
(1) FEDERAL SHARE.—Except as provided in
paragraphs (2), (3), (4), and (5), 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 such a project pilot testing or a dem-
onstration of an innovative technology described in
subsection (f) shall be 85 percent.
(3) PROJECTS
ON
FEDERAL
LANDS
OR
WA-
TERS.—The Federal share of the cost of the portion
of a project funded with a grant under this section
that is carried out on Federal lands or waters, in-
cluding the cost of acquisition by the Federal Gov-
ernment of inholdings within Federal lands or wa-
ters for use for such a project, shall be 100 percent.
(4) APPLICATION TO NON-FEDERAL SHARE.—
The Secretary—
(A) shall apply to the non-Federal share of
the cost of a project carried out with a grant
under this section the fair market value of all
lands, easements, rights-of-way, and relocations
provided for the project by non-Federal inter-
ests; and
(B) may apply to the non-Federal share of
such costs 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 contribution equivalent to the mon-
etary amount required for the non-Federal
share of the activity.
(5) OPERATION AND MAINTENANCE.—The non-
Federal interests for a project carried out with a
grant under this section shall be responsible for all
costs associated with operating, maintaining, replac-
ing, repairing, rehabilitating, and monitoring the
project on non-Federal lands and waters.
(6) DERIVATION
OF
NON-FEDERAL
SHARE.—
The non-Federal share of the cost of a project car-
ried out with a grant under this section may not be
derived from a Federal grant program or other Fed-
eral funds.
(k) COOPERATION OF NON-FEDERAL INTERESTS.—
The Secretary may not make a grant under this section
for a project on Federal lands before a non-Federal inter-
est has entered into a written agreement with the Sec-
retary under which the non-Federal interest agrees to—
(1) provide for the project all non-Federal
lands, easements, rights-of-way, and relocations re-
quired for the project, and any other elements the
Secretary determines to be an appropriate contribu-
tion under subsection (j)(4); and
(2) provide for all operation, maintenance, re-
placement, rehabilitation, and monitoring for the
project on non-Federal lands and waters.
(l) MONITORING OF GRANT PROJECTS.—
(1) REQUIREMENTS.—The Council, in consulta-
tion with the Secretary, shall develop requirements
for the monitoring to be carried out by a grantee
after the completion of a project with a grant under
this section to ensure that short-term and long-term
conservation goals of the project are achieved.
(2) DATABASE OF GRANT PROJECT INFORMA-
TION.—The Council shall develop and maintain an
appropriate database of information concerning
projects carried out with grants under this sub-
section, including information on project techniques,
project completion, monitoring data, and other rel-
evant information.
(3) MONITORING DATA FORMATS.—The Council
shall develop standard data formats for monitoring
projects, along with requirements for types of data
collected and frequency of monitoring.
(4) COORDINATION
OF
DATA.—The Council
shall compile information that pertains to grants
from other Federal, State, and local sources and
that meets the quality control requirements and data
standards established under this subsection.
(5) 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.
(6) PUBLIC AVAILABILITY.—The Council shall
make the information collected and maintained
under this subsection available to the public.
(m) REPORTING.—
(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 appropriate Committees on the implementation
of this Act.
(2) CONTENTS
OF
REPORT.—A report under
paragraph (1) shall include a biennial assessment
of—
(A) the number of States that have devel-
oped a State assessment with a grant under
section 4;
(B) data on the number of acres of native
fish and wildlife habitat restored, protected, or
enhanced under this Act, including descriptions
of, and partners involved with, grants selected,
in progress, and completed under this Act that
comprise those acres by Federal, State, and
local agencies and other entities;
(C) trends in the population size and dis-
tribution of native species in the grant areas,
and in adjacent areas as defined by the Sec-
retary;
(D) trends in the population size and dis-
tribution of harmful nonnative species in the
grant areas, and in the adjacent areas as de-
fined by the Secretary;
(E) an estimate of the long-term success of
varying conservation techniques used in car-
rying out grants under this section;
(F) an annual assessment of the status of
projects carried out with grants under this sec-
tion, including an accounting of expenditures by
Federal, State, regional, and local government
agencies and other entities to carry out such
projects;
(G) a review of the environmental sound-
ness of the projects carried out with grants
under this section;
(H) a review of efforts made to maintain
an appropriate database of grants under this
section;
(I) a review of the measures taken to pro-
vide the information described in subparagraphs
(B) through (E) and (G) to persons with re-
sponsibility for assisting in the conservation of
native fish and wildlife and their habitats; and
(J) a review of the geographical distribu-
tion of Federal money, matching funds, and in-
kind contributions for projects carried out with
grants under this section.
SEC. 6. REFUGE SYSTEM DEMONSTRATION PROJECTS.
(a) IN GENERAL.—The Secretary, acting through the
Director, shall carry out demonstration projects to pro-
mote ecologically based strategies to control harmful non-
native species, that—
(1) use the National Wildlife Refuge System
and adjacent lands and waters;
(2) promote ecologically based strategies that
address the operational backlog attributed to non-
native species affecting the National Wildlife Refuge
System;
(3) encourage the development of cooperative
partnerships with other Federal, State, regional,
local, or private owners of land or water rights adja-
cent to a National Wildlife Refuge or Waterfowl
Management Unit, to identify opportunities for
harmful nonnative species control projects; and
(4) includes pilot testing or a demonstration of
an innovative technology or method having the po-
tential for improved cost-effectiveness in native fish,
wildlife, and habitat conservation or restoration.
(b) PROJECT IDENTIFICATION DEVELOPMENT.—The
Secretary shall—
(1) carry out under this section those projects
that the Secretary determines, in consultation with
the Director, most effectively demonstrate harmful
nonnative species control in cooperation with sur-
rounding public or private lands or waters; and
(2) develop the projects to be carried out under
this section within 12 months after the date of en-
actment of this Act.
(c) SIZE OF PROJECTS.—The projects carried out
should contribute to achieving a balance of smaller and
larger projects.
(d) GEOGRAPHIC
DISTRIBUTION.—The Secretary
shall, to the maximum extent practicable, seek to ensure
a geographic distribution of projects under this section,
among all States within which such projects are proposed
to be conducted.
(e) MONITORING REQUIREMENTS.—The Secretary,
through the Director, shall monitor projects carried out
under this section in accordance with the requirements de-
veloped under section 5(l).
(f) REPORTING.—The Secretary shall report to the
appropriate Committees regarding projects carried out
under this section—
(1) in accordance with the requirements that
apply to reports under section 5(m); and
(2) through the Director.
SEC. 7. 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 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 has not
spread beyond an area to be determined by the Sec-
retary;
(3) the harmful nonnative species is considered
to be an immediate threat to native fish, wildlife, or
their habitats, as determined by the Secretary; and
(4) the proposed response to such threat—
(A) is technically feasible;
(B) has no negative impact of the ecologi-
cal function of the region in which it would
occur; and
(C) is environmentally sound.
(c) AMOUNT OF FINANCIAL ASSISTANCE.—The Sec-
retary shall determine the amount of financial assistance
to be given with respect to an outbreak of a harmful non-
native species, in consultation with the Council and 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
shall not exceed 80 percent.
(e) CONSULTATION.—The Secretary shall award as-
sistance under this section in consultation with the Coun-
cil.
(f) 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 grantees
under section 5; and
(2) monitor and report on activities carried out
with assistance under this section in accordance with
the requirements that apply with respect to activities
carried out with assistance under section 5.
SEC. 8. RELATIONSHIP TO OTHER AUTHORITIES.
Nothing in this Act affects authorities, responsibil-
ities, obligations, or powers of the Secretary to acquire
lands or waters or interests therein under any other stat-
ute.
SEC. 9. AUTHORIZATION OF APPROPRIATIONS.
(a) STATE NATIVE SPECIES PROTECTION ASSESS-
MENT GRANT PROGRAM.—There are authorized to be ap-
propriated to the Secretary to carry out section 4—
(1) $20,000,000 for fiscal year 2003, of
which—
(A) $15,000,000 shall be used by the Di-
rector to provide the grants; and
(B) $5,000,000 shall be used to provide
technical assistance to States awarded grants;
and
(2) such sums as may be necessary for each of
fiscal years 2004 through 2008.
Amounts appropriated under this subsection that are not
used for grants under section 4 may be used for grants
under section 5.
(b) ALDO LEOPOLD NATIVE HERITAGE GRANTS.—
There are authorized to be appropriated to the Secretary
to carry out section 5—
(1) $50,000,000 for fiscal year 2003; and