[Congressional Bills 108th Congress]
[From the U.S. Government Publishing Office]
[S. 2598 Introduced in Senate (IS)]







108th CONGRESS
  2d Session
                                S. 2598

   To protect, conserve, and restore public land administered by the 
  Department of the Interior or the Forest Service and adjacent land 
  through cooperative cost-shared grants to control and mitigate the 
          spread of invasive species, and for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             June 24, 2004

Mr. Akaka (for himself, Mr. Lautenberg, Mr. Levin, Mrs. Feinstein, Mr. 
 Wyden, and Mr. Inouye) introduced the following bill; which was read 
  twice and referred to the Committee on Energy and Natural Resources

_______________________________________________________________________

                                 A BILL


 
   To protect, conserve, and restore public land administered by the 
  Department of the Interior or the Forest Service and adjacent land 
  through cooperative cost-shared grants to control and mitigate the 
          spread of invasive species, 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 ``Public Land Protection and 
Conservation Act of 2004''.

SEC. 2. PURPOSE.

    The purpose of this Act is to encourage partnerships among Federal, 
State, and local agencies, nongovernmental entities, and Indian tribes 
to protect, enhance, restore, and manage public land and adjacent land 
through the control of invasive species by--
            (1) promoting the development of voluntary State 
        assessments to establish priorities for controlling invasive 
        species;
            (2) promoting greater cooperation among Federal, State, and 
        local land and water managers and owners of private land or 
        other interests to implement strategies to control and mitigate 
        the spread of invasive species through a voluntary and 
        incentive-based financial assistance grant program;
            (3) establishing a rapid response capability to combat 
        incipient invasive species invasions; and
            (4) modifying the requirements applicable to the National 
        Invasive Species Council.

SEC. 3. DEFINITIONS.

    In this Act:
            (1) Control.--The term ``control'' means--
                    (A) eradicating, suppressing, reducing, or managing 
                invasive species in areas in which the species are 
                present;
                    (B) taking steps to detect early infestations of 
                invasive species on Public land and adjacent land that 
                is at risk of being infested; and
                    (C) restoring native ecosystems to reverse or 
                reduce the impacts of invasive species.
            (2) Council.--The term ``Council'' means the National 
        Invasive Species Council established by section 3 of Executive 
        Order No. 13112 (64 Fed. Reg. 6184).
            (3) Indian tribe.--The term ``Indian tribe'' has the 
        meaning given the term in section 4 of the Indian Self-
        Determination and Education Assistance Act (25 U.S.C. 450b).
            (4) Invasive species.--The term ``invasive species'' means, 
        with respect to a particular ecosystem, any animal, plant, or 
        other organism (including biological material of the animal, 
        plant, or other organism that is capable of propagating the 
        species)--
                    (A) that is not native to the ecosystem; and
                    (B) the introduction of which causes or is likely 
                to cause economic harm, environmental harm, or harm to 
                human health.
            (5) National management plan.--The term ``National 
        Management Plan'' means the management plan referred to in 
        section 5 of Executive Order No. 13112 (64 Fed. Reg. 6185) and 
        entitled ``Meeting the Invasive Species Challenge''.
            (6) Public land.--The term ``Public land'' means all land 
        and water that is--
                    (A) owned by, or under the jurisdiction of, the 
                United States; and
                    (B) administered by the Department of the Interior 
                or the Forest Service.
            (7) Secretary.--The term ``Secretary'' means the Secretary 
        of the Interior.
            (8) State.--The term ``State'' means--
                    (A) a State of the United States;
                    (B) the District of Columbia;
                    (C) the Commonwealths of Puerto Rico and the 
                Northern Mariana Islands;
                    (D) the Territories of American Samoa, Guam, and 
                the Virgin Islands;
                    (E) the Federated States of Micronesia;
                    (F) the Republic of the Marshall Islands; and
                    (G) the Republic of Palau.

SEC. 4. NATIVE HERITAGE ASSESSMENT AND CONTROL GRANT PROGRAM.

    (a) Assessment Grants.--The Secretary may provide to a State a 
grant to carry out an assessment project consistent with relevant 
invasive species management plans of the State to--
            (1) identify invasive species that occur in the State;
            (2) survey the extent of invasive species in the State;
            (3) assess the needs to restore, manage, or enhance native 
        ecosystems in the State;
            (4) identify priorities for actions to address those needs;
            (5) incorporate, as applicable, the guidelines of the 
        National Management Plan; and
            (6) identify methods to--
                    (A) control or detect incipient infestations of 
                invasive species in the State; or
                    (B) control or assess established populations of 
                invasive species in the State.
    (b) Control Grants.--
            (1) In general.--The Secretary may provide grants to 
        appropriate public or private entities and Indian tribes to 
        carry out, in partnership with a Federal agency, control 
        projects for the management or eradication of invasive species 
        on Public land or adjacent land that--
                    (A) include plans for--
                            (i) monitoring the project areas; and
                            (ii) maintaining effective control of 
                        invasive species after the completion of the 
                        projects, including through the conduct of 
                        restoration activities;
                    (B) in the case of a project on adjacent land, are 
                carried out with the consent of the owner of the 
                adjacent land; and
                    (C) provide public notice to, and conduct outreach 
                activities relating to the control projects in, 
                communities in which control projects are carried out.
            (2) Priority.--In prioritizing grants for control projects, 
        the Secretary shall consider--
                    (A) the extent to which a project would address--
                            (i) the priorities of a State for invasive 
                        species control; and
                            (ii) the priorities for invasive species 
                        management on Public land, such as the 
                        priorities for management on National Park 
                        System and National Forest System land;
                    (B) the estimated number of, or extent of 
                infestation by, invasive species in the State;
                    (C) whether a project would encourage increased 
                coordination and cooperation among 1 or more Federal 
                agencies and State or local government agencies to 
                control invasive species;
                    (D) whether a project--
                            (i) fosters public-private partnerships; 
                        and
                            (ii) uses Federal resources to encourage 
                        increased private sector involvement, including 
                        the provision of private funds or in-kind 
                        contributions;
                    (E) the extent to which a project would aid the 
                conservation of species included on Federal or State 
                lists of threatened or endangered species;
                    (F) whether a project includes pilot testing or a 
                demonstration of an innovative technology that has the 
                potential to improve the cost-effectiveness of 
                controlling invasive species; and
                    (G) the extent to which a project--
                            (i) considers the potential for unintended 
                        consequences of control methods on native 
                        species; and
                            (ii) includes contingency measures to 
                        address the unintended consequences.
    (c) Duties of the Secretary.--The Secretary shall--
            (1) not later than 180 days after the date on which funds 
        are made available to carry out this Act, publish guidelines 
        and solicit applications for grants under this section;
            (2) not later than 1 year after the date on which funds are 
        made available to carry out this Act, evaluate and approve or 
        disapprove applications for grants submitted under this 
        section;
            (3) consult with the Council on--
                    (A) any projects proposed for grants under this 
                section, including the priority of proposed projects 
                for the grants; and
                    (B) providing a definition of the term ``adjacent 
                land'' for purposes of the control grant program under 
                subsection (b);
            (4) consult with the advisory committee established under 
        section 3(b) of Executive Order No. 13112 (64 Fed. Reg. 6184) 
        on projects proposed for a grant under this section, including 
        the scientific merit, technical merit, and feasibility of a 
        proposed project; and
            (5) if a project is conducted on National Forest System 
        land, consult with the Secretary of Agriculture.
    (d) Grant Duration.--
            (1) In general.--Except as provided in paragraph (2), a 
        grant under this section shall provide funding for the Federal 
        share of the cost of a project for not more than 2 fiscal 
        years.
            (2) Renewal of control projects.--
                    (A) In general.--If the Secretary, after reviewing 
                the reports submitted under subsection (f) with respect 
                to a control project, finds that the project is making 
                satisfactory progress, the Secretary may renew a grant 
                under this section for an additional 3 fiscal years.
                    (B) Implementation of monitoring and maintenance 
                plan.--The Secretary may renew a grant under this 
                section to implement the monitoring and maintenance 
                plan required for a control project under subsection 
                (b) for not more than 10 years after the project is 
otherwise complete.
    (e) Distribution of Control Grant Awards.--In making grants for 
control projects under subsection (b), the Secretary shall, to the 
maximum extent practicable, ensure that--
            (1) at least 50 percent of control project funds are spent 
        on land adjacent to Public land; and
            (2) there is a balance of smaller and larger control 
        projects conducted with grants under that subsection.
    (f) Reporting by Grant Recipient.--
            (1) Assessment projects.--Not later than 2 years after the 
        date on which a grant is provided under subsection (a), a grant 
        recipient carrying out an assessment project shall submit to 
        the Secretary and the Governor of the State in which the 
        assessment project is carried out a report on the assessment 
        project.
            (2) Control projects.--A grant recipient carrying out a 
        control project under subsection (b) shall submit to the 
        Secretary--
                    (A) an annual synopsis of the control project; and
                    (B) a report on the control project not later than 
                the earlier of--
                            (i) at least once every 2 years; or
                            (ii) the date on which the grant expires.
            (3) Contents.--A report submitted under this subsection 
        shall include--
                    (A) a detailed accounting of--
                            (i) the funding made available for the 
                        project; and
                            (ii) any expenditures made for the project; 
                        and
                    (B) with respect to a control project--
                            (i) a chronological list of any progress 
                        made with respect to the project;
                            (ii) specific information on the methods 
                        and techniques used to control invasive species 
                        in the project area;
                            (iii) trends in the population size and 
                        distribution of invasive species in the project 
                        area; and
                            (iv) the number of acres of the native 
                        ecosystem protected or restored.
    (g) Cost-Sharing Requirement.--
            (1) Projects on adjacent land.--
                    (A) In general.--Except as provided in subparagraph 
                (B), the Federal share of the cost of a control project 
                carried out on adjacent land shall be not more than 75 
                percent.
                    (B) Certain control projects.--The Federal share of 
                a control project carried out on adjacent land that 
                uses pilot testing, demonstrates an innovative 
                technology, or provides for the conservation of 
                threatened or endangered species shall be 85 percent.
            (2) Projects on public land.--The Federal share of the cost 
        of the portion of a control project that is carried out on 
        Public land shall be 100 percent.
            (3) Application of in-kind contributions.--The Secretary 
        may apply to the non-Federal share of the costs of a control 
        project the fair market value of services or any other form of 
        in-kind contribution to the project made by a non-Federal 
        entity.
            (4) 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.
    (h) Reporting by Secretary.--
            (1) In general.--Not later than 3 years after the date of 
        enactment of this Act and every 2 years thereafter, the 
        Secretary shall submit to Congress a report that--
                    (A) describes the implementation of this section; 
                and
                    (B) includes a determination whether the grants 
                authorized under subsections (a) and (b) should be 
                expanded to land and water that are owned and 
                administered by Federal agencies other than the 
                Department of the Interior or the Forest Service.
            (2) Contents.--A report under paragraph (1) shall include a 
        review of control projects, including--
                    (A) a list of control projects selected, in 
                progress, and completed;
                    (B) an assessment of project impacts, including--
                            (i) areas treated; and
                            (ii)(I) if feasible, a measurement of 
                        invasive species eradicated; or
                            (II) an estimate of the extent to which 
                        invasive species have been reduced or 
                        contained;
                    (C) the success and failure of control techniques 
                used;
                    (D) an accounting of expenditures by Federal, 
                State, regional, and local government agencies and 
                other entities to carry out the projects;
                    (E) a review of efforts made to maintain an 
                appropriate database of projects assisted under this 
                section; and
                    (F) a review of the geographical distribution of 
                Federal funds, matching funds, and in-kind 
                contributions provided for projects.

SEC. 5. RAPID RESPONSE ASSISTANCE.

    (a) In General.--The Secretary may provide financial assistance to 
States, local governments, public or private entities, and Indian 
tribes for a period of 1 fiscal year to enable States, local 
governments, nongovernmental entities, and Indian tribes to rapidly 
respond to outbreaks of invasive species that are at a stage at which 
rapid eradication or control is possible.
    (b) Requirements for Assistance.--The Secretary shall--
            (1) at the request of the Governor of a State--
                    (A) provide assistance under this section to the 
                State, a local government, public or private entity, or 
Indian tribe for the eradication of an immediate invasive species 
threat in the State if--
                            (i) there is a demonstrated need for the 
                        assistance;
                            (ii) the invasive species is considered to 
                        be an immediate threat to native ecosystems, 
                        human health, or the economy, as determined by 
                        the Secretary; and
                            (iii) the proposed response of the State, 
                        local government, public or private entity, or 
                        Indian tribe to the threat--
                                    (I) is technically feasible; and
                                    (II) minimizes adverse impacts to 
                                native ecosystems and non-target 
                                species; or
                    (B) if the requirements under subparagraph (A) are 
                not met, submit to the Governor of the State, not later 
                than 30 days after the date on which the Secretary 
                received the request, written notice that the State is 
                not eligible for assistance under this section;
            (2) determine the amount of financial assistance to be 
        provided under this section, subject to the availability of 
        appropriations, with respect to an outbreak of an invasive 
        species;
            (3) require that entities receiving assistance under this 
        section monitor and report on activities carried out with such 
        assistance in the same manner that control project grant 
        recipients monitor and report on such activities; and
            (4) expedite environmental and regulatory reviews to ensure 
        that an outbreak of invasive species can be addressed within 
        the 180-day period beginning on the date on which the State 
        notifies the Secretary of the outbreak.

SEC. 6. RELATIONSHIP TO OTHER AUTHORITIES.

    Nothing in this Act affects authorities, responsibilities, 
obligations, or powers of the Secretary under any other statute.

SEC. 7. BUDGET CROSSCUT.

    Not later than March 31, 2005, and each year thereafter, the 
Director of the Office of Management and Budget, in consultation with 
the Council, shall submit to Congress--
            (1) a comprehensive budget analysis and summary of Federal 
        programs relating to invasive species; and
            (2) a list of general priorities, ranked in high, medium, 
        and low categories, of Federal efforts and programs in--
                    (A) prevention;
                    (B) early detection and rapid response;
                    (C) eradication, control, management, and 
                restoration;
                    (D) research and monitoring;
                    (E) information management; and
                    (F) public outreach and partnership efforts.

SEC. 8. AUTHORIZATION OF APPROPRIATIONS.

    (a) Assessment Grants.--There are authorized to be appropriated to 
the Secretary to carry out assessment projects under section 4(a)--
            (1) $25,000,000 for fiscal year 2005; and
            (2) such sums as are necessary for each of fiscal years 
        2006 through 2009.
    (b) Control Grants.--There are authorized to be appropriated to the 
Secretary to carry out control projects under section 4(b)--
            (1) $175,000,000 for fiscal year 2005; and
            (2) such sums as are necessary for each of fiscal years 
        2006 through 2009.
    (c) Rapid Response Assistance.--There are authorized to be 
appropriated to the Secretary to carry out section 5--
            (1) $50,000,000 for fiscal year 2005; and
            (2) such sums as are necessary for each of fiscal years 
        2006 through 2009.
    (d) Continuing Availability.--Amounts made available under this 
section shall remain available until expended.
    (e) Administrative Expenses of Secretary.--Of amounts made 
available each fiscal year to carry out this Act, the Secretary may 
expend not more than 5 percent to pay the administrative expenses 
necessary to carry out this Act.
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