(II) a certain habitat or eco-
system impacted by an invasive spe-
cies. 
(B) INCLUSIONS.—The term ‘‘qualified or-
ganization’’ 
includes 
any 
individual 
rep-
resenting, or any combination of— 
(i) public or private stakeholders; 
(ii) Federal agencies; 
(iii) Indian tribes; 
(iv) State land, forest, or fish wildlife 
management agencies; 
(v) academic institutions; and 
(vi) other organizations, as the Sec-
retary determines to be appropriate. 
(8) SECRETARY.—The term ‘‘Secretary’’ means 
the Secretary of the Interior. 
(9) STAKEHOLDER.—The term ‘‘stakeholder’’ 
includes— 
(A) State, tribal, and local governmental 
agencies; 
(B) the scientific community; and 
(C) nongovernmental entities, including en-
vironmental, agricultural, and conservation or-
ganizations, trade groups, commercial interests, 
and private landowners. 
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(b) ESTABLISHMENT
OF FUND.—There is estab-
lished in the Treasury of the United States a revolving 
fund, to be known as the ‘‘Invasive Species Emergency 
Response Fund’’, consisting of— 
(1) such amounts as are appropriated to the 
Fund pursuant to subsection (h); and 
(2) interest earned on investments of amounts 
in the Fund under subsection (e). 
(c) EXPENDITURES FROM FUND.— 
(1) IN GENERAL.—Subject to paragraph (2), on 
request by the Secretary, the Secretary of the Treas-
ury shall transfer from the Fund to the Secretary 
such amounts as the Secretary determines are nec-
essary to provide loans under subsection (f)(1). 
(2) 
ADMINISTRATIVE
EXPENSES.—Of 
the 
amounts in the Fund— 
(A) not more than 5 percent shall be avail-
able for each fiscal year to pay the administra-
tive expenses of the Department of the Interior 
to carry out this section; 
(B) not more than 5 percent shall be avail-
able for each fiscal year to pay the administra-
tive expenses of offices of the Governors of eli-
gible States to carry out this section; and 
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(C) not more than 10 percent shall be 
available for each fiscal year to pay the admin-
istrative expenses of a qualified organization to 
carry out this section. 
(d) TRANSFERS OF AMOUNTS.— 
(1) IN GENERAL.—The amounts required to be 
transferred to the Fund under this section shall be 
transferred at least monthly from the general fund 
of the Treasury to the Fund on the basis of esti-
mates made by the Secretary of the Treasury. 
(2) ADJUSTMENTS.—Proper adjustment shall 
be made in amounts subsequently transferred to the 
extent prior estimates were in excess of or less than 
the amounts required to be transferred. 
(e) INVESTMENT OF AMOUNTS.— 
(1) IN GENERAL.—The Secretary of the Treas-
ury shall invest such portion of the Fund as is not, 
in the judgment of the Secretary of the Treasury, 
required to meet current withdrawals. 
(2) INTEREST-BEARING OBLIGATIONS.—Invest-
ments may be made only in interest-bearing obliga-
tions of the United States. 
(f) USE OF FUND.— 
(1) LOANS.— 
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(A) IN GENERAL.—The Secretary shall use 
amounts in the Fund to provide loans to quali-
fied organizations to prevent and remediate the 
impacts of invasive species on habitats and eco-
systems. 
(B) ELIGIBILITY.— 
(i) IN GENERAL.—To be eligible to re-
ceive a loan under this paragraph, a quali-
fied organization shall submit to the Gov-
ernor of the eligible State in which the 
project of the qualified organization is lo-
cated an application at such time, in such 
manner, and containing such information 
as may be required by application require-
ments established by the Secretary, after 
taking into account the recommendations 
of the Governors of eligible States. 
(ii) GUBERNATORIAL
RECOMMENDA-
TIONS.—In 
reviewing 
the 
applications 
under clause (i), the Governor may rec-
ommend to the Secretary for approval any 
application of a qualified organization 
under clause (i) if the Governor determines 
that the qualified organization is carrying 
out or will carry out a project— 
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(I) designed to fully assess long- 
term comprehensive severity of the 
problem or potential problem ad-
dressed by the project; 
(II) that uses early detection and 
response mechanisms that seek to pre-
vent— 
(aa) 
the 
introduction 
or 
spread of invasive species from 
outside the United States into an 
eligible State; or 
(bb) the spread of an estab-
lished invasive species into an eli-
gible State; 
(III) to prevent the regrowth or 
reintroduction of an invasive species, 
to the extent to which the qualified 
organization has achieved progress 
with respect to reduction or elimi-
nation of the invasive species; 
(IV) in rare or unique habitats, 
such as— 
(aa) desert terminal lakes; 
(bb) rivers that feed desert 
terminal lakes; 
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(cc) desert springs; 
(dd) alpine lakes; 
(ee) old growth forest eco-
systems; and 
(ff) special land allocations, 
such as wilderness, wilderness 
management areas, research nat-
ural areas, and experimental for-
ests; 
(V) that is likely to prevent or re-
solve a problem relating to invasive 
species; 
(VI) to remediate the spread of 
aquatic invasive species within impor-
tant bodies of water, as determined by 
the Secretary (including the Colorado 
River); 
(VII) to remediate the spread of 
terrestrial invasive species within im-
portant forest ecosystems, including 
wilderness, wilderness management 
areas, research natural areas, and ex-
perimental forests; 
(VIII) to assess and promote 
wildfire management strategies, in-
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crease the supply of native plant ma-
terials, and reintroduce native plant 
species intended to limit or mitigate 
the impacts of invasive species; 
(IX) 
to 
assess 
and 
reduce 
invasive species-related changes in 
wildlife habitat and aquatic, terres-
trial, and arid ecosystems; 
(X) to assess and reduce negative 
economic impacts and other impacts 
associated with control methods and 
the restoration of a native ecosystem; 
(XI) to improve the overall ca-
pacity of the United States to address 
invasive species; 
(XII) to promote cooperation and 
participation between States that have 
common interests regarding invasive 
species; 
(XIII) that addresses or en-
hances the efforts of qualified organi-
zations, States, or landscape-level ini-
tiatives that have invasive species re-
sponsibility, authority, or prevention, 
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remediation and control strategies, 
and applicable plans in place; or 
(XIV) to educate the public re-
garding 
the 
negative 
effects 
of 
invasive species, to help prevent and 
mitigate the introduction and spread 
of invasive species into or near high- 
risk aquatic, terrestrial, and arid eco-
systems. 
(iii) TRANSMISSION
TO
THE
SEC-
RETARY.—The Governor shall transmit to 
the Secretary all applications received by 
the Governor under clause (i). 
(C) SENSE
OF
CONGRESS
REGARDING 
MULTISTATE
COMPACTS.—It is the sense of 
Congress that— 
(i) Governors of States should enter 
into multistate compacts in coordination 
with qualified organizations to prevent, ad-
dress, and remediate against the spread of 
animals, plants, or pathogens, or aquatic, 
wetland, or terrestrial invasive species; 
(ii) the Secretary should give special 
consideration to multistate compacts de-
scribed in clause (i) in reviewing loan so-
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licitations and applications of the States 
and qualified organizations that are parties 
to the compacts; and 
(iii) if a multistate compact is entered 
into under clause (i), the Governors of all 
States that are parties to the compact 
should combine to repay to the Secretary 
of the Treasury a total combined amount 
equal to not less than 25 percent of the 
amount of the loan provided under this Act 
(including interest at a rate less than or 
equal to the market interest rate). 
(D) PETITIONS.— 
(i) ACTION BY GOVERNOR.—Not later 
than 90 days after the receipt of an appli-
cation recommended for approval by the 
Secretary under subparagraph (B)(ii), the 
Governor of an eligible State shall submit 
to the Secretary, on behalf of all qualified 
organizations, a petition, together with 
copies of the recommended application, to 
receive a loan under this paragraph. 
(ii) APPROVAL.—Not later than 60 
days after the date of receipt of a petition 
under clause (i), the Secretary, at the sole 
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discretion of the Secretary, may approve 
the petition. 
(iii) ACTION
ON
APPROVAL.—Not 
later than 30 days after the date of ap-
proval of a petition under clause (ii) or the 
approval by the Secretary of an application 
otherwise transmitted by a Governor under 
subparagraph (B)(iii), the Secretary shall 
provide to the qualified organization a loan 
under this paragraph. 
(E) PRIORITY.—In providing loans under 
this paragraph, the Secretary shall give priority 
to applications of qualified organizations car-
rying out, or that will carry out, more than 1 
project described in subparagraph (B)(ii). 
(2) REQUIREMENTS.— 
(A) LOAN REPAYMENT.— 
(i) IN-KIND
CONSIDERATION.—With 
respect to loan repayment under clause 
(ii), the Secretary may accept, in lieu of 
monetary payment, in-kind contributions in 
such form and such quantity as may be ac-
ceptable to the Secretary, including con-
tributions in the form of— 
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(I) 
maintenance, 
remediation, 
prevention, 
alteration, 
repair, 
im-
provement, or restoration (including 
environmental restoration) activities 
for approved projects; and 
(II) such other services as the 
Secretary considers to be appropriate. 
(ii) REPAYMENT.—Subject to clause 
(iv), not later than 10 years after the date 
on which a qualified organization receives 
a loan under paragraph (1), the qualified 
organization shall repay to the Secretary of 
the Treasury an amount equal to not less 
than 25 percent of the amount of the loan 
(including interest at a rate less than or 
equal to the market interest rate). 
(iii) WAIVER.—Not more frequently 
than once every 5 years, the Secretary, in 
consultation with the Secretary of the 
Treasury, may waive the requirements 
under clauses (i) and (ii) with respect to 1 
qualified organization. 
(B) LONG-TERM MANAGEMENT AND REME-
DIATION STRATEGIES.—The Secretary shall en-
sure that no loan provided under paragraph (1) 
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is used to carry out a long-term management or 
remediation strategy, unless the Governor or 
applicable qualified organization demonstrates 
either or both a reliable funding stream and in- 
kind contributions to carry out the strategy 
over the duration of the project. 
(3) RENEWAL.—After reviewing the reports 
under subsection (g), if the Secretary, in consulta-
tion with the Governor of each affected State, deter-
mines that a project is making satisfactory progress, 
the Secretary may renew the loan provided under 
this subsection for a period of not more than 3 addi-
tional fiscal years. 
(g) REPORTS.— 
(1) REPORTS TO SECRETARY.—For each year 
during which a qualified organization receives a loan 
under subsection (f), the qualified organization, in 
conjunction with the Governor of the eligible State 
in which the qualified organization is primarily lo-
cated, shall submit to the Secretary a report describ-
ing each project (including the results of the project) 
carried out by the qualified organization using the 
loan during that year. 
(2) REPORT
TO
CONGRESS.—Not later than 
September 30, 2011, and annually thereafter 
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through September 30, 2015, the Secretary shall 
submit a report describing the total loan amount re-
quested by each eligible State during the preceding 
fiscal year and the total amount of the loans pro-
vided under subsection (f)(1) to each eligible State 
during that fiscal year, and an evaluation on effec-
tiveness of the Fund and the potential to expand the 
Fund to other regions, to— 
(A) the Committees on Appropriations, 
Energy and Natural Resources, and Environ-
ment and Public Works of the Senate; and 
(B) the Committees on Appropriations and 
Natural Resources of the House of Representa-
tives. 
(3) REPORT BY BORROWER.— 
(A) IN GENERAL.—Each qualified organi-
zation that receives a loan under subsection 
(f)(1) shall submit to the Secretary a report de-
scribing the use of the loan and the success 
achieved by the qualified organization— 
(i) not less frequently than once each 
year until the date of expiration of the 
loan; or 
(ii) if the loan expires before the date 
that is 1 year after the date on which the 
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loan is provided, at least once during the 
term of the loan. 
(B) INTERIM UPDATE.—In addition to the 
reports required under subparagraph (A), each 
qualified organization that receives a loan under 
subsection (f)(1) shall submit to the Secretary, 
electronically or in writing, a report describing 
the use of the loan and the success achieved by 
the qualified organization, expressed in chrono-
logical order with respect to the date on which 
each project was initiated— 
(i) not less frequently than once every 
180 days until the date of expiration of the 
loan; or 
(ii) if the loan expires before the date 
that is 180 days after the date on which 
the loan is provided, on the date on which 
the term of the loan is 50 percent com-
pleted. 
(h) AUTHORIZATION OF APPROPRIATIONS.—There is 
authorized to be appropriated to the Fund $80,000,000 
for each of fiscal years 2011 through 2015. 
Æ 
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