II 
110TH CONGRESS 
1ST SESSION 
H. R. 767 
IN THE SENATE OF THE UNITED STATES 
OCTOBER 23, 2007 
Received; read twice and referred to the Committee on Energy and Natural 
Resources 
NOVEMBER 8, 2007 
Committee discharged; referred to the Committee on Environment and Public 
Works 
AN ACT 
To protect, conserve, and restore native fish, wildlife, and 
their natural habitats at national wildlife refuges through 
cooperative, incentive-based grants to control, mitigate, 
and eradicate harmful nonnative species, 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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SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Refuge Ecology Pro-
tection, Assistance, and Immediate Response Act’’. 
SEC. 2. FINDINGS AND PURPOSE. 
(a) FINDINGS.—The Congress finds the following: 
(1) The National Wildlife Refuge System is the 
premier land conservation system in the world. 
(2) Harmful nonnative species are the leading 
cause of habitat destruction in national wildlife ref-
uges. 
(3) More than 675 known harmful nonnative 
species are found in the National Wildlife Refuge 
System. 
(4) Nearly 8 million acres of the National Wild-
life Refuge System contain harmful nonnative spe-
cies. 
(5) The cost of early identification and removal 
of harmful nonnative species is dramatically lower 
than removing an established invasive population. 
(6) The cost of the backlog of harmful non-
native species control projects that need to be car-
ried out in the National Wildlife Refuge System is 
over $361,000,000, and the failure to carry out such 
projects threatens the ability of the System to fulfill 
its basic mission. 
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(b) PURPOSE.—The purpose of this Act is to encour-
age partnerships among the United States Fish and Wild-
life Service, other Federal agencies, States, Indian tribes, 
and other interests for the following objectives: 
(1) To protect, enhance, restore, and manage a 
diversity of habitats for native fish and wildlife re-
sources within the National Wildlife Refuge System 
through control of harmful nonnative species. 
(2) To promote the development of voluntary 
State assessments to establish priorities for control-
ling harmful nonnative species that threaten or neg-
atively impact refuge resources. 
(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 that threaten or negatively impact refuge re-
sources through a voluntary and incentive-based fi-
nancial assistance grant program. 
(4) To establish an immediate response capa-
bility to combat incipient harmful nonnative species 
invasions. 
SEC. 3. DEFINITIONS. 
For the purposes of this Act: 
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(1) ADVISORY COMMITTEE.—The term ‘‘Advi-
sory Committee’’ means the Invasive Species Advi-
sory Committee established by section 3 of Executive 
Order No. 13112, dated February 3, 1999. 
(2) APPROPRIATE
COMMITTEES.—The term 
‘‘appropriate Committees’’ means the Committee on 
Natural Resources of the House of Representatives 
and the Committee on Environment and Public 
Works of the Senate. 
(3) 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. 
(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 
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(B) emphasize integrated management 
techniques. 
(5) 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. 
(6) 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). 
(7) NATIONAL MANAGEMENT PLAN.—The term 
‘‘National Management Plan’’ means the manage-
ment plan referred to in section 5 of Executive 
Order No. 13112 of February 3, 1999, and entitled 
‘‘Meeting the Invasive Species Challenge’’. 
(8) REFUGE
RESOURCES.—The term ‘‘refuge 
resources’’ means all lands and waters, including the 
fish and wildlife species and the ecosystems and 
habitats therein, that are owned and managed by 
the Federal Government through the United States 
Fish and Wildlife Service and located within the Na-
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tional Wildlife Refuge System administered under 
the National Wildlife Refuge Administration Act of 
1966 (16 U.S.C. 668dd et seq.), including any wa-
terfowl production area. 
(9) SECRETARY.—The term ‘‘Secretary’’ means 
the Secretary of the Interior, acting through the Di-
rector of the United States Fish and Wildlife Serv-
ice. 
(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. REFUGE ECOLOGY PROTECTION, ASSISTANCE, AND 
IMMEDIATE RESPONSE (REPAIR) 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 
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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 that threaten or negatively 
impact refuge resources; 
(B) assess the needs to restore, manage, or 
enhance native fish and wildlife and their nat-
ural habitats and processes in the State to com-
pliment activities to control, mitigate, or eradi-
cate harmful nonnative species negatively im-
pacting refuge resources; 
(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 that might threaten 
or negatively impact refuge resources 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 ‘‘Refuge Ecology Protection, Assistance, and Imme-
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diate Response Grant Program’’ or the ‘‘REPAIR Pro-
gram’’. 
(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 Advisory Committee 
on the projects proposed for grants under this 
section, including regarding the scientific merit, 
technical merit, feasibility, and priority of pro-
posed projects for such grants; and 
(D) consult with the Advisory Committee 
regarding the development of the database re-
quired under subsection (j). 
(2) 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 ADVISORY COMMITTEE.— 
The Advisory Committee shall— 
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(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, university, or private person; 
(2) have adequate personnel, funding, and au-
thority to carry out and monitor or maintain a con-
trol project; and 
(3) have entered into an agreement with the 
Secretary or a designee of the Secretary, for a na-
tional wildlife refuge or refuge complex. 
(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 
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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 na-
tional wildlife refuge or refuge complex; 
(D) be conducted on lands or waters, other 
than national wildlife refuge lands or waters, 
that, for purposes of carrying out the project, 
are under the control of the eligible applicant 
applying for the grant under this section and on 
adjacent national wildlife refuge lands or waters 
administered by the United States Fish and 
Wildlife Service 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. 
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(2) OTHER
FACTORS
FOR
SELECTION
OF 
PROJECTS.—In ranking qualified control projects, 
the Director may consider the following: 
(A) The extent to which a project would 
address the operational and maintenance back-
log attributed to harmful nonnative species on 
refuge resources. 
(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 threatening or negatively impact-
ing refuge resources. 
(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 or national wildlife refuge 
lands or non-Federal lands in proximity to ref-
uge resources. 
(D) The extent to which a project would 
aid the conservation of species that are listed 
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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 regions and States within which such 
projects are proposed to be conducted. 
(g) GRANT DURATION.— 
(1) IN GENERAL.—Each grant under this sec-
tion shall be to provide funding for the Federal 
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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. 
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(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); 
(ii) specific information on the meth-
ods and techniques used to control harmful 
nonnative species in the project area; and 
(iii) specific information on the meth-
ods 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.— 
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(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
REFUGE
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 national wildlife refuge 
lands or waters, 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. 
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(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 Secretary, in con-
sultation with the Advisory Committee, shall develop 
requirements for the monitoring and maintenance of 
a control project to ensure that the requirements 
under subsections (e)(1)(A) and (B) are achieved. 
(2) DATABASE OF GRANT PROJECT INFORMA-
TION.—The Secretary 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 Sec-
retary shall use existing programs within the De-
partment of the Interior to create and maintain the 
database required under this subsection. 
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(4) 
PUBLIC
AVAILABILITY.—The 
Secretary 
shall make the information collected and maintained 
under this subsection available to the public. 
(k) REPORTING BY THE SECRETARY.— 
(1) IN GENERAL.—The Secretary shall, by not 
later than 3 years after the date of the enactment 
of this Act and biennially thereafter in the report 
under section 8, report to the appropriate Commit-
tees on the implementation of this section. 
(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 
with a grant under this section, and in the ad-
jacent areas as defined by the Secretary; 
(B) data on the number of acres of refuge 
resources and native fish and wildlife habitat 
restored, protected, or enhanced under this sec-
tion, including descriptions of, and partners in-
volved with, control projects selected, in 
progress, and completed under this section; 
(C) trends in the population size and dis-
tribution in the project areas of native species 
targeted for restoration, and in areas in prox-
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imity to refuge resources as defined by the Sec-
retary; 
(D) an estimate of the long-term success of 
varying conservation techniques used in car-
rying out control projects with grants under 
this section; 
(E) an assessment of the status of control 
projects carried out with grants under this sec-
tion, including an accounting of expenditures by 
the United States Fish and Wildlife Service, 
State, regional, and local government agencies, 
and other entities to carry out such projects; 
(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 national wildlife refuge lands or 
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lands in proximity to refuge resources before a non-Fed-
eral interest has entered into a written agreement with 
a national wildlife refuge or refuge complex 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 AN IMMEDIATE RESPONSE CAPA-
BILITY TO HARMFUL NONNATIVE SPECIES. 
(a) ESTABLISHMENT.—The Secretary may provide fi-
nancial assistance for a period of one fiscal year to enable 
an immediate response to outbreaks of harmful nonnative 
species that threaten or may negatively impact refuge re-
sources 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, with the 
concurrence of the Governor of a State, to local and State 
agencies, universities, or nongovernmental entities for the 
eradication of an immediate harmful nonnative species 
threat only if— 
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(1) there is a demonstrated need for the assist-
ance; 
(2) the harmful nonnative species is considered 
to be an immediate threat to refuge resources, as de-
termined 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 national wildlife ref-
uge ecosystems and adverse effects on nontar-
get species. 
(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 require that persons receiving assistance under this 
section monitor and report on activities carried out with 
assistance under this section in accordance with the re-
quirements that apply with respect to control projects car-
ried out with assistance under section 4. 
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SEC. 6. COOPERATIVE VOLUNTEER HARMFUL NON-NATIVE 
SPECIES MONITORING AND CONTROL PRO-
GRAM. 
(a) IN GENERAL.—Consistent with the National 
Wildlife Refuge System Volunteer and Community Part-
nership Enhancement Act of 1998 (Public Law 105–242), 
the Secretary shall establish a cooperative volunteer harm-
ful non-native species monitoring and control program to 
administer and coordinate projects implemented by part-
ner organizations concerned with national wildlife refuges 
to address harmful non-native species that threaten na-
tional wildlife refuges or adjacent lands. 
(b) ELIGIBLE ACTIVITIES.—Each project adminis-
tered and coordinated under this section shall include one 
of the following activities: 
(1) Habitat surveys. 
(2) Detection and identification of new intro-
ductions or infestations of harmful nonnative spe-
cies. 
(3) Harmful non-native species control projects. 
(4) Public education and outreach to increase 
awareness concerning harmful non-native species 
and their threat to the refuge system. 
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