Short title

This Act may be cited as the

Public Land Protection and Conservation Act of 2005

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.

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.

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.

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.

Relationship to other authorities

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

Budget crosscut

Not later than March 31, 2006, 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.

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 2006; and (2)such sums as are necessary for each of fiscal years 2007 through 2010. (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 2006; and (2)such sums as are necessary for each of fiscal years 2007 through 2010. (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 2006; and (2)such sums as are necessary for each of fiscal years 2007 through 2010. (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.