Short title

This Act may be cited as the

Refuge Ecology Protection, Assistance, and Immediate Response Act

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 refuges. (3)More than 675 known harmful nonnative species are found in the National Wildlife Refuge System. (4)Nearly 8 million acres of the National Wildlife Refuge System contain harmful nonnative species. (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 nonnative species control projects that need to be carried out in the National Wildlife Refuge System is over $250,000,000, and the failure to carry out such projects threatens the ability of the System to fulfill its basic mission. (b)

Purpose

The purpose of this Act is to encourage partnerships among the United States Fish and Wildlife 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 resources 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 controlling harmful nonnative species that threaten or negatively impact refuge resources. (3)To promote greater cooperation among Federal, State, and local land and water managers, and owners of private land, water rights, or other interests, to implement ecologically based strategies to eradicate, mitigate, and control harmful nonnative species that threaten or negatively impact refuge resources through a voluntary and incentive-based financial assistance grant program. (4)To establish an immediate response capability to combat incipient harmful nonnative species invasions.

Definitions

For the purposes of this Act: (1)

Advisory committee

The term Advisory Committee means the Invasive Species Advisory Committee established by section 3 of Executive Order 13112, dated February 3, 1999. (2)

Appropriate Committees

The term appropriate Committees means the Committee on 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 inclusion of methods, efforts, actions, or programs to prevent or control infestations of harmful nonnative species, that— (A)minimize adverse impacts to the structure and function of an ecosystem and adverse effects on nontarget species and ecosystems; and (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 biological material capable of propagating that species, that is not native to that ecosystem and has a demonstrable or potentially demonstrable negative environmental 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 management plan referred to in section 5 of Executive Order 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 National Wildlife Refuge System administered under the National Wildlife Refuge Administration Act of 1966 (16 U.S.C. 668dd et seq.). (9)

Secretary

The term Secretary means the Secretary of the Interior, acting through the Director of the United States Fish and Wildlife Service. (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 Commonwealth of the Northern Mariana Islands, any other territory or possession of the United States, and any Indian tribe.

Refuge Ecology Protection, Assistance, and Immediate Response (REPAIR) grant program

(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 assessment project consistent with relevant State plans that have been developed in whole or in part for the conservation of native fish, wildlife, and their habitats, 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 natural habitats and processes in the State to compliment activities to control, mitigate, or eradicate harmful nonnative species negatively impacting refuge resources; (C)identify priorities for actions to address such needs; (D)identify mechanisms to increase capacity 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 Immediate Response Grant Program or the REPAIR Program.

(b)

Functions of the Secretary

(1)

In general

The Secretary shall— (A)publish guidelines for and solicit applications 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 proposed projects for such grants; and (D)consult with the Advisory Committee regarding the development of the database required under subsection (j). (2)

Delegation of authority

The Secretary may delegate to another Federal instrumentality the authority of the Secretary under this section, other than the authority to approve applications for grants and make grants. (c)

Functions of the Advisory Committee

The Advisory Committee shall— (1)consult with the Secretary to create criteria and guidelines for grants under this section; (2)consult with the Secretary regarding whether 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 applicant for purposes of subsection (a)(1), an applicant shall— (1)be a State, local government, interstate or regional agency, or private person; (2)have adequate personnel, funding, and authority to carry out and monitor or maintain a control project; and (3)have entered into an agreement with a national 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 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 national 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 reintroduction or dispersal of harmful nonnative 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 community. (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 backlog attributed to harmful nonnative species on refuge resources. (B)Whether a project will encourage increased coordination and cooperation among one or more Federal agencies and State or local government agencies or nongovernmental or other private entities to control harmful nonnative species threatening or negatively impacting refuge resources. (C)Whether a project fosters public-private 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 harmful nonnative species or national wildlife refuge lands or non-Federal lands in proximity to refuge resources. (D)The extent to which a project would aid the conservation of species that are listed under the Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.). (E)Whether a project includes pilot testing or a demonstration of an innovative technology having the potential for improved cost-effectiveness in controlling harmful nonnative species. (F)The extent to which a project considers the potential for unintended consequences 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, ensure— (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 section shall be to provide funding for the Federal 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 reviewing the reports under subsection (h) regarding a control project, finds that the project is making satisfactory 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 maintenance 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 assessment pursuant to subsection (a)(2) to the Secretary no later than 24 months after the date on which the grant is awarded. (2)

Report contents

Each report under this subsection shall include the following information with respect to each project covered by the report: (A)In the case of a control project— (i)the information described in subparagraphs (B), (D), and (F) of subsection (k)(2); (ii)specific information on the methods and techniques used to control harmful nonnative species in the project area; and (iii)specific information on the methods 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

(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 waters

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 contributions

The Secretary may apply to the non-Federal 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 contribution equivalent to the monetary amount required for the non-Federal share of the activity. (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 consultation 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 information

The Secretary shall develop and maintain an appropriate database of information concerning control projects carried out with grants under this subsection, including information on project techniques, project completion, monitoring data, and other relevant information. (3)

Use of existing programs

The Secretary shall use existing programs within the Department of the Interior to create and maintain the database required under this subsection. (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 Committees on the implementation of this section. (2)

Report contents

A report under paragraph (1) shall include an assessment of— (A)trends in the population size and distribution of harmful nonnative species in the project area for each control project carried out with a grant under this section, and in the adjacent 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 section, including descriptions of, and partners involved with, control projects selected, in progress, and completed under this section; (C)trends in the population size and distribution of native species in the project areas, and in areas in proximity to refuge resources as defined by the Secretary; (D)an estimate of the long-term success of varying conservation techniques used in carrying out control projects with grants under this section; (E)an assessment of the status of control projects carried out with grants under this section, 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 soundness 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 distribution 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 lands in proximity to refuge resources before a non-Federal 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.

Creation of an immediate response capability to harmful nonnative species

(a)

Establishment

The Secretary may provide financial 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 resources 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 Secretary shall provide assistance under this section, at the concurrence of the Governor of a State, to local and State agencies or nongovernmental entities for the eradication of an immediate harmful nonnative species threat only if— (1)there is a demonstrated need for the assistance; (2)the harmful nonnative species is considered to be an immediate threat to refuge resources, as determined 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 refuge ecosystems and adverse effects on nontarget species. (c)

Amount of financial assistance

The Secretary shall determine the amount of financial assistance to be provided under this section with respect to an outbreak of a harmful nonnative species, subject to the availability 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 requirements that apply with respect to control projects carried out with assistance under section 4.

Cooperative Volunteer Invasives Monitoring and Control Program

(a)

In general

The Secretary shall establish a Cooperative Volunteer Invasives Monitoring and Control Program, under which the United States Fish and Wildlife Service and the United States Geological Survey may work with public interest organizations concerned with national wildlife refuges and volunteers to document and combat invasive species in national wildlife refuges. (b)

Grants

Under the program, the Secretary may make grants to persons referred to in subsection (a) for projects to control and manage invasive species in national wildlife refuges and adjacent lands.

Relationship to other authorities

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

Biennial report

The Secretary shall prepare and submit to the Congress by not later than March 31 of 2007 and biennially thereafter— (1)a comprehensive report summarizing all grant activities relating to invasive species initiated under this Act including— (A)State assessment projects; (B)qualified control projects; and (C)immediate response activities; (2)a list of grant priorities, ranked in high, medium, and low categories, for future grant activities in the areas of— (A)early detection and rapid response; (B)control, management, and restoration; (C)research and monitoring; (D)information management; and (E)public outreach and partnership efforts; (3)a summary detailing progress in addressing operations and maintenance activities specific to invasive species identified in the Refuge Operations Needs database or the Service Asset and Maintenance Management System database of the United States Fish and Wildlife Service (or any successor to such a database); and (4)information required to be included under section 4(k).

Authorization of appropriations

(a)

In general

There are authorized to be appropriated to carry out this Act such sums as may be necessary. (b)

Continuing availability

Amounts appropriated under this Act may remain available until expended. (c)

Administrative expenses

Of amounts 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.