[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3468 Introduced in House (IH)]







109th CONGRESS
  1st Session
                                H. R. 3468

  To recognize the unique ecosystems of the Hawaiian islands and the 
  threat to these ecosystems posed by non-native plants, animals, and 
plant and animal diseases, to require the Secretary of Agriculture and 
the Secretary of the Interior to expand Federal efforts to prevent the 
  introduction in Hawaii of non-native plants, animals, and plant and 
                animal diseases, and for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             July 27, 2005

   Mr. Case introduced the following bill; which was referred to the 
      Committee on Resources, and in addition to the Committee on 
Agriculture, for a period to be subsequently determined by the Speaker, 
 in each case for consideration of such provisions as fall within the 
                jurisdiction of the committee concerned

_______________________________________________________________________

                                 A BILL


 
  To recognize the unique ecosystems of the Hawaiian islands and the 
  threat to these ecosystems posed by non-native plants, animals, and 
plant and animal diseases, to require the Secretary of Agriculture and 
the Secretary of the Interior to expand Federal efforts to prevent the 
  introduction in Hawaii of non-native plants, animals, and plant and 
                animal diseases, 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 ``Hawaii Invasive Species Prevention 
Act''.

SEC. 2. FINDINGS.

    Congress finds the following:
            (1) The uniqueness of the Hawaiian islands lies in part due 
        to their isolation from continental landmasses, their great 
        topographic and climatic diversity, and the intervals between 
        natural colonization (colonization without human assistance) of 
        the Hawaiian islands by new plant or animal species, which have 
        been on the order of thousands of years.
            (2) The resulting evolution in isolation over time has 
        often led to the generation of species entirely unique to 
        particular islands and found nowhere else, and such isolation 
        also often meant the absence of natural predatory or 
        competitive species.
            (3) The natural geographic isolation of the Hawaiian 
        islands is no match for the advancement of human activities, 
        including transportation and global commerce, and native biota 
        and ecosystems are being overwhelmed by the introduction and 
        establishment of non-native plant and animal species and plant 
        and animal diseases associated with such species.
            (4) More than 5,000 species of non-native plants and 
        animals have become established in the Hawaiian islands in the 
        past 200 years, which represents a rate of successful 
        colonization of new species every 18 days.
            (5) Although not all new species introductions alter 
        ecosystem function and structure, damage agriculture, or cause 
        human health or other safety hazards, the introduction of 
        invasive species to the Hawaiian islands has resulted in the 
        extinction of native species, the destruction of native 
        forests, and the spread of disease and costs the State of 
        Hawaii millions of dollars in crop losses.
            (6) For example, Miconia calvescens, an aggressive weedy 
        tree from South America, has established itself in Hawaii and 
        threatens Hawaii's tropical forests and the watersheds those 
        forests support, and the resulting decreased water infiltration 
        in just two of Hawaii's priority watersheds could amount to 
        additional water costs of $13 million annually.
            (7) Just one new invasive species, such as the the brown 
        tree snake, could change the very character of the Hawaiian 
        islands. In addition to its devastating impacts on fragile 
        native bird populations, the venomous brown tree snake poses a 
        public health risk because it bites people and pets, threatens 
        poultry farms because it feeds on chickens and eggs, and 
        presents the risk of dangerous and costly power outages because 
        it climbs electrical lines causing short circuits in power 
        supply.
            (8) Although Congress responded to the danger of the brown 
        tree snake by enacting the Brown Tree Snake Control and 
        Eradication Act of 2004 (Public Law 108-384; 7 U.S.C. 8501 et 
        seq.), many more invasive species, including fire ants and West 
        Nile Virus, threaten to invade Hawaii and cause further 
        environmental and economic damage.
            (9) The current Federal statutory and regulatory regime is 
        not sufficient to minimize the introduction of invasive species 
        into Hawaii and the environmental, economic, and social harm 
        that would result from the introduction of additional invasive 
        species.

SEC. 3. DEFINITIONS.

    In this Act:
            (1) Disease.--The term ``disease'' means any living stage 
        of a bacterium, a fungus, a virus or viroid, an infectious 
        agent or other pathogen, or any other article similar to or 
        allied with any of these specified articles, that can directly 
        or indirectly cause economic or environmental harm or harm to 
        human health.
            (2) Introduction.--The terms ``introduce'' and 
        ``introduction'' refer to the intentional or unintentional 
        dissemination, placement, release, or escape of a species as a 
        result of human activity outside of the range where the species 
        is commonly found.
            (3) Invasive species.--The term ``invasive species'' means 
        any species, including its seeds, eggs, spores, or other 
        biological material capable of propagating that species, whose 
        introduction does or is likely to cause economic or 
        environmental harm or harm to human health.
            (4) Secretary.--The term ``Secretary concerned'' means--
                    (A) the Secretary of the Interior, with respect to 
                matters under the jurisdiction of the Department of the 
                Interior; and
                    (B) the Secretary of Agriculture, with respect to 
                matters under the jurisdiction of the Department of 
                Agriculture.
            (5) Secretaries.--The term ``Secretaries'' means both the 
        Secretary of the Interior and the Secretary of Agriculture.
            (6) Species.--The term ``species'' means a group of 
        organisms all of which have a high degree of physical and 
        genetic similarity, generally interbreed only among themselves, 
        and show persistent differences from members of allied groups 
        of organisms.

SEC. 4. STATEMENT OF POLICY REGARDING FEDERAL OBLIGATIONS RELATED TO 
              PREVENTING THE INTRODUCTION OF INVASIVE SPECIES IN 
              HAWAII.

    (a) Sense of Congress.--It is the sense of Congress that there 
exists a need for improved and better coordinated control, 
interdiction, and eradication of invasive species and diseases on the 
part of the United States and other interested parties to prevent the 
introduction or spread of invasive species or diseases in Hawaii.
    (b) United States Policy.--It is the policy of the United States to 
fund and support coordinated and concerted programs and activities to 
control, interdict, and prevent the introduction or spread of invasive 
species and diseases in Hawaii.
    (c) Preventing Introduction.--Notwithstanding any other provision 
of law, to the extent practicable, no Federal agency may authorize, 
fund, or carry out any action that would likely cause or promote the 
introduction or spread of invasive species and diseases in Hawaii. All 
Federal agencies shall consider invasive species and disease issues, to 
the extent possible, when planning any activity that may cause the 
accidental introduction of invasive species and diseases in Hawaii.

SEC. 5. LEGAL MECHANISMS TO CONTROL THE INTRODUCTION AND SPREAD OF 
              INVASIVE SPECIES OR DISEASES IN HAWAII.

    (a) Imposition of Quarantine.--Using the authorities available to 
the Secretary concerned under section 412 of the Plant Protection Act 
(7 U.S.C. 7712), section 10406 of the Animal Health Protection Act (7 
U.S.C. 8305), section 42 of title 18, United States Code, section 3015 
of title 39, United States Code, the Alien Species Prevention and 
Enforcement Act of 1992 (section 631 of Public Law 102-393; 39 U.S.C. 
3015 note), section 3 of the Lacey Act Amendments of 1981 (16 U.S.C. 
3372), and the Nonindigenous Aquatic Nuisance Prevention and Control 
Act of 1990 (16 U.S.C. 4702 et seq.), the Secretaries shall impose a 
quarantine on the State of Hawaii to prevent the introduction of 
invasive species and diseases in Hawaii.
    (b) Establishment of System of Quarantine Protocols.--
            (1) Rulemaking.--Not later than two years after the date of 
        the enactment of this Act, the Secretaries shall issue rules 
        regarding the establishment of a system of post-arrival 
        quarantine protocols for all persons, baggage, cargo, 
        containers, packing materials, and other items travelling or 
        being shipped to Hawaii from domestic and foreign locations.
            (2) Funding source for regulations.--The Secretaries shall 
        use funds otherwise available for the operation of the 
        Department of Agriculture and the Department of the Interior to 
        issue the rules required by paragraph (1).
            (3) Conditions on implementation of quarantine protocols.--
        The system of post-arrival quarantine protocols established by 
        rulemaking pursuant to paragraph (1) shall be operated at 
        Federal expense and, as a result, may not be implemented 
        until--
                    (A) funds are specifically appropriated for the 
                implementation of the system; or
                    (B) a means of financing the system is specifically 
                designated.
    (c) Use of Federal Officials to Assist State and Local Efforts.--
Federal quarantine, natural resource, conservation, and law enforcement 
officers and inspectors may enforce State and local laws of Hawaii 
regarding the importation, possession, or introduction of invasive 
species or diseases.
    (d) Cooperation.--The activities described in this section shall be 
carried out in cooperation with the Secretary of Homeland Security, the 
Secretary of Commerce, the Secretary of the Treasury, the government of 
Hawaii, and each of their respective quarantine, natural resource, 
conservation, and law enforcement agencies and officers, as 
appropriate.
    (e) Additional State and Local Efforts.--
            (1) Expedited consideration of state and local control 
        proposals.--Not later than two years after the date of the 
        enactment of this Act, the Secretaries shall establish an 
        expedited process for the State of Hawaii and its political 
        subdivisions to seek the approval of the Secretaries to impose 
        general or specific prohibitions or restrictions upon the 
        introduction or movement of invasive species or diseases from 
        domestic or foreign locations to Hawaii that are in addition to 
        any prohibitions or restrictions imposed by the Secretaries.
            (2) Response to emergency threats.--In the event of an 
        emergency or imminent threat from an invasive species or 
        disease, the State of Hawaii may impose, for not longer than 
        two years pending approval by the Secretaries under paragraph 
        (1), general or specific prohibitions or restrictions upon the 
        introduction or movement of that invasive species or disease 
        that are in addition to the prohibitions or restrictions 
        imposed by the Secretaries.
            (3) Funding source.--The Secretaries shall use funds 
        otherwise available for the operation of the Department of 
        Agriculture and the Department of the Interior to carry out 
        this subsection.

SEC. 6. AUTHORIZATION OF APPROPRIATIONS.

    There is authorized to be appropriated to the Secretary concerned 
to carry out this Act for fiscal years 2007 through 2011 such sums as 
may be necessary.
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