Brown Tree Snake Control and Eradication Act of 2004
PL 108-384 (H.R.3479), enacted 10/30/2004

118 STAT. 2221
PUBLIC LAW 108–384—OCT. 30, 2004
Public Law 108–384
108th Congress
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 Representatives of
the United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ‘‘Brown Tree Snake Control
and Eradication Act of 2004’’.
SEC. 2. DEFINITIONS.
In this Act:
(1) BROWN
TREE
SNAKE.—The term ‘‘brown tree snake’’
means the species of the snake Boiga irregularis.
(2) COMPACT OF FREE ASSOCIATION.—The term ‘‘Compact
of Free Association’’ means the Compacts of Free Association
entered into between the United States and the governments
of the Federated States of Micronesia and the Republic of
the Marshall Islands, as approved by and contained in Public
Law 108–188 (117 Stat. 2720; 48 U.S.C. 1921 et seq.), and
the Compact of Free Association entered into between the
United States and the government of the Republic of Palau,
as approved by and contained in Public Law 99–658 (100 Stat.
3673; 48 U.S.C. 1931 et seq.).
(3) FREELY ASSOCIATED STATES.—The term ‘‘Freely Associ-
ated States’’ means the Republic of Palau, the Federated States
of Micronesia, and the Republic of the Marshall Islands.
(4) INTRODUCTION.—The terms ‘‘introduce’’ and ‘‘introduc-
tion’’ refer to the expansion of the brown tree snake outside
of the range where this species is endemic.
(5) SECRETARY.—The term ‘‘Secretary concerned’’ means—
(A) the Secretary of the Interior, with respect to mat-
ters under the jurisdiction of the Department of the
Interior; and
(B) the Secretary of Agriculture, with respect to mat-
ters under the jurisdiction of the Department of Agri-
culture.
(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).
7 USC 8501.
7 USC 8501 note.
Brown Tree
Snake Control
and Eradication
Act of 2004.
Oct. 30, 2004
[H.R. 3479]
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118 STAT. 2222
PUBLIC LAW 108–384—OCT. 30, 2004
(8) TERRITORIAL.—The term ‘‘territorial’’, when used to refer
to a government, means the Government of Guam, the Govern-
ment of American Samoa, and the Government of the Common-
wealth of the Northern Mariana Islands, as well as autonomous
agencies and instrumentalities of such a government.
(9) UNITED STATES.—The term ‘‘United States’’, when used
in the geographic sense, means the several States, the District
of Colombia, American 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 waters within the jurisdiction
of the United States.
SEC. 3. SENSE OF CONGRESS REGARDING NEED FOR IMPROVED AND
BETTER COORDINATED FEDERAL POLICY FOR BROWN
TREE SNAKE INTRODUCTION, CONTROL, AND ERADI-
CATION.
It is the sense of Congress that there exists a need for improved
and better coordinated control, interdiction, research, and eradi-
cation of the brown tree snake on the part of the United States
and other interested parties.
SEC. 4. BROWN TREE SNAKE CONTROL, INTERDICTION, RESEARCH
AND ERADICATION.
(a) FUNDING AUTHORITY.—Subject to the availability of appro-
priations to carry out this section, the Secretaries shall provide
funds to support brown tree snake control, interdiction, research,
and eradication efforts carried out by the Department of the Interior
and the Department of Agriculture, other Federal agencies, States,
territorial governments, local governments, and private sector enti-
ties. Funds may be provided through grants, contracts, reimbursable
agreements, or other legal mechanisms available to the Secretaries
for the transfer of Federal funds.
(b) AUTHORIZED ACTIVITIES.—Brown tree snake control, inter-
diction, research, and eradication efforts authorized by this section
shall include at a minimum the following:
(1) Expansion of science-based eradication and control pro-
grams 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 intergovernmental rapid
response teams in Guam, the Commonwealth of the Northern
Mariana Islands, Hawaii, and the Freely Associated States
to assist the governments of such areas with detecting the
brown tree snake and incipient brown tree snake populations.
(3) Expansion of efforts to protect and restore native wild-
life 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, Wildlife Services, Oper-
ations Program State Office located in Hawaii dedicated to
vertebrate pest management in Hawaii and United States
Pacific territories and possessions. Concurrently, the Animal
7 USC 8503.
7 USC 8502.
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118 STAT. 2223
PUBLIC LAW 108–384—OCT. 30, 2004
Plant and Health Inspection Service, Wildlife Services Oper-
ations Program shall establish and sustain funding for a Dis-
trict Office in Guam dedicated to brown tree snake control
and managed by the Hawaii 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, National Wildlife Research Center
of the Department of Agriculture 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.
(7) Continuation, expansion, and provision of sustained
research funding for the Fort Collins Science Center of the
United States Geological Survey 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 chemical,
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 estab-
lished.
(9) Expansion of short, medium, and long-term research,
funded by all Federal agencies interested in or affected by
the brown tree snake, into interdiction, detection, and early
control of the brown tree snake.
(10) Provision of planning assistance for the construction
or renovation of centralized multi-agency facilities in Guam
to support Federal, State, and territorial brown tree snake
control, interdiction, research and eradication efforts, including
office space, laboratory space, animal holding facilities, and
snake detector dog kennels.
(11) Provision of technical assistance to the Freely Associ-
ated 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 following amounts:
(1) For activities conducted through the Animal and Plant
Health Inspection Service, Wildlife Services, 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 Services, 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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118 STAT. 2224
PUBLIC LAW 108–384—OCT. 30, 2004
(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 appro-
priated 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 PROTOCOLS.—Not later
than two years after the date of the enactment 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 operated 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 quar-
antine protocols system by regulation. Under the quarantine proto-
cols system, Federal quarantine, natural resource, conservation,
and law enforcement officers and inspectors may enforce State
and territorial laws regarding the transportation, possession, or
introduction of any brown tree snake.
(b) COOPERATION
AND CONSULTATION.—The activities of the
Secretaries under subsection (a) shall be carried out in cooperation
with other Federal agencies and the appropriate State and terri-
torial quarantine, natural resource, conservation, and law enforce-
ment 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 quarantine protocols.
(c) IMPLEMENTATION.—The system of pre-departure quarantine
protocols to be established under subsection (a) shall not be imple-
mented 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.
(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 NONMAILABLE
MATTER.
A brown tree snake constitutes nonmailable matter under sec-
tion 3015 of title 39, United States Code.
SEC. 7. ROLE OF BROWN TREE SNAKE TECHNICAL WORKING 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 Technical Working
Group shall be responsible for the following:
7 USC 8506.
7 USC 8505.
Contracts.
Regulations.
Deadline.
7 USC 8504.
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118 STAT. 2225
PUBLIC LAW 108–384—OCT. 30, 2004
(1) The evaluation of Federal, State, and territorial activi-
ties, 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 prepara-
tion of recommendations for governmental actions to minimize
the risk of introduction or further spread of the brown tree
snake.
(2) The preparation of recommendations for activities, pro-
grams, and policies to reduce and eventually 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 Control Plan,
originally published in June 1996, which was prepared to
coordinate Federal, State, territorial, and local government
efforts to control, interdict, eradicate or conduct research on
the brown tree snake.
(c) REPORTING REQUIREMENT.—
(1) REPORT.—Subject to the availability of appropriations
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 required 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;
(C) the applied and basic research activities that will
lead to improved brown tree snake control, interdiction
and eradication efforts conducted by Federal, State, terri-
torial, and local governments; and
(D) the programs and activities for brown tree snake
control, interdiction, research and eradication that have
been funded, implemented, and planned by Federal, State,
territorial, 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 Federal, State, territorial, and local
efforts and programs 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 efforts to control, interdict, eradicate,
or conduct research on the brown tree snake.
(B) An assessment of regulatory limitations that hinder
Federal, State, territorial, and local government efforts to
control, interdict, eradicate or conduct research on the
brown tree snake.
(4) SUBMISSION.—Subject to the availability of appropria-
tions for this purpose, the Technical Working Group shall
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118 STAT. 2226
PUBLIC LAW 108–384—OCT. 30, 2004
LEGISLATIVE HISTORY—H.R. 3479:
HOUSE REPORTS: No. 108–687, Pt. 1 (Comm. on Resources).
CONGRESSIONAL RECORD, Vol. 150 (2004):
Sept. 28, considered and passed House.
Oct. 10, considered and passed Senate.
submit the report to Congress not later than one year after
the date of the enactment of this Act.
(d) MEETINGS.—The Technical Working Group shall meet at
least annually.
(e) INCLUSION OF GUAM.—The Secretaries shall ensure that
adequate representation is afforded to the government of Guam
in the Technical Working Group.
(f) SUPPORT.—To the maximum extent practicable, the Secre-
taries shall make adequate resources available to the Technical
Working Group to ensure its efficient and effective operation. The
Secretaries may provide staff to assist the Technical Working Group
in carrying out its duties and functions.
(g) AUTHORIZATION OF APPROPRIATIONS.—There is authorized
to be appropriated to each of the Secretaries not more than $450,000
for each of the fiscal years 2006 through 2010 to carry out this
section.
SEC. 8. MISCELLANEOUS MATTERS.
(a) AVAILABILITY OF APPROPRIATED FUNDS.—Amounts appro-
priated under this Act shall remain available until expended.
(b) ADMINISTRATIVE EXPENSES.—Of the amounts appropriated
to carry out this Act for a fiscal year, the Secretaries may expend
not more than five percent to cover the administrative expenses
necessary to carry out this Act.
Approved October 30, 2004.
7 USC 8507.
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