1.
This Act may be cited as the
National Invasive Species Council
Act
.
2.
In this Act:
(1)
The term Council
means the National Invasive Species Council established by section 4(a).
(2)
The term invasive
species means a species—
(A)
that is nonnative to an
ecosystem; and
(B)
the introduction of which to
that ecosystem causes or may cause harm to the environment, the economy, or
human health.
(3)
The term National
Management Plan means the National Invasive Species Management Plan
developed by the Council under section 6(a).
(4)
The term species
means a category of taxonomic classification that—
(A)
ranks below a genus or
subgenus; and
(B)
consists of related organisms
capable of interbreeding.
3.
Limitation on Federal actions
(a)
No Federal agency may
authorize, fund, or carry out any action that would likely cause or promote the
introduction or spread of an invasive species in the United States or any other
location, unless the head of the Federal agency, at the sole discretion of the
head of the agency and in accordance with guidelines developed under subsection
(b), determines that—
(1)
the benefits of the action
under consideration clearly outweigh the potential harm to the environment, the
economy, and human health caused by the introduction or spread of the invasive
species; and
(2)
all feasible and practical
measures to minimize risk of harm to the environment, the economy, and human
health will be taken in carrying out the action.
(b)
The Council on Environmental
Quality, in conjunction with the Council, shall develop guidelines for Federal
agencies to use in analyzing actions under subsection (a).
4.
National Invasive Species Council
(a)
(1)
There is established, as an
independent entity in the executive branch, the National Invasive Species
Council.
(2)
The Council shall provide
leadership and coordination among Federal agencies and between the Federal
Government and State and local governments, with respect to efforts—
(A)
to minimize the
environmental, economic, and human health effects caused by invasive species;
and
(B)
to reduce the threat of
further invasions of invasive species.
(b)
(1)
The Council shall consist
of—
(A)
the Secretary of the
Interior;
(B)
the Secretary of
Agriculture;
(C)
the Secretary of
Commerce;
(D)
the Secretary of
State;
(E)
the Secretary of the
Treasury;
(F)
the Secretary of
Defense;
(G)
the Secretary of
Transportation;
(H)
the Secretary of Health and
Human Services;
(I)
the Administrator of the
Environmental Protection Agency;
(J)
the Administrator of the
United States Agency for International Development; and
(K)
such additional members as
are appointed under paragraph (2).
(2)
With the concurrence of a
majority of the members of the Council, the chairperson of the Council may
appoint additional members to the Council from among individuals who are
officers or employees of the Federal Government with significant
responsibilities concerning invasive species.
(c)
(1)
The Secretary of the Interior
shall serve as chairperson of the Council for the 3-year period beginning on
the date of enactment of this Act.
(2)
After the initial 3-year
period described in paragraph (1), the chairperson shall rotate every 3 years
among the following members, in the following order:
(A)
The Secretary of
Agriculture.
(B)
The Secretary of
Commerce.
(C)
The Secretary of the
Interior.
(d)
The Council shall meet at the
call of the chairperson, but not less often than semiannually.
(e)
(1)
The President shall appoint
the Executive Director of the Council, by and with the advice and consent of
the Senate.
(2)
Before appointing an
individual under paragraph (1), the President shall consult with—
(A)
the Secretary of the
Interior;
(B)
the Secretary of Agriculture;
and
(C)
the Secretary of
Commerce.
(3)
An individual appointed as
Executive Director of the Council shall have—
(A)
legal or scientific
experience and training in the area of natural resources, ecology, or
agriculture; and
(B)
experience in dealing with
public policy matters concerning aquatic and terrestrial invasive
species.
(4)
The Executive Director of the
Council shall serve for a term of 6 years.
(5)
The Executive Director shall
be paid at the maximum rate of basic pay prescribed for level GS–15 of the
General Schedule.
5.
(a)
The Council shall ensure that
the efforts of Federal agencies concerning invasive species are coordinated,
effective, complementary, and cost-efficient.
(b)
To carry out subsection (a),
the Council shall—
(1)
coordinate with other
organizations addressing invasive species (such as the Federal Interagency
Committee for the Management of Noxious and Exotic Weeds, the Aquatic Nuisance
Species Task Force established under section 1201 of the Nonindigenous Aquatic
Nuisance Prevention and Control Act of 1990 (16 U.S.C. 4721), regional panels
established under that Act, and the White House Office of Science and
Technology Policy) to implement the National Management Plan;
(2)
develop recommendations for
international cooperation between the Federal Government, State governments,
and foreign countries on tools, policies, and methods to prevent the
introduction and export of invasive species into and from, respectively, the
United States;
(3)
develop guidelines for
Federal agency efforts to ensure that Federal programs concerning invasive
species, including outreach programs, are coordinated with State, local, and
tribal governments;
(4)
develop, in consultation with
the Council on Environmental Quality and in accordance with the
National Environmental Policy Act of
1969 (42
U.S.C. 4321 et seq.), guidance for Federal agencies on
prevention, control, and eradication of invasive species;
(5)
establish and maintain a
publicly accessible, coordinated, up-to-date information sharing system on
invasive species that—
(A)
allows the access to and
exchange of information among Federal agencies and the public; and
(B)
uses the Internet to the
maximum extent practicable;
(6)
ensure that Federal agencies
implement the plans, programs, and policies adopted by the Council in the
National Management Plan through appropriate actions, including working in
cooperation with Federal agencies on development of budgets for the annual
submission by the President to Congress of the budget of the Federal Government
under section 1105 of title 31, United States Code;
(7)
(A)
evaluate Federal programs
that are likely to cause or promote the introduction or spread of invasive
species in the United States; and
(B)
recommend actions Federal
agencies can take to minimize the risk of introductions or further spread of
invasive species; and
(8)
develop and submit to the
appropriate committees of Congress and the Director of the Office of Management
and Budget an annual list of priorities, ranked in high, medium, and low
categories, of Federal efforts and programs in prevention, eradication,
control, and monitoring of, and research and outreach concerning, invasive
species.
6.
National Invasive Species Management Plan
(a)
(1)
The Council shall develop a
National Invasive Species Management Plan that details and recommends
performance-oriented goals and specific measures of success for carrying out
activities by Federal agencies relating to invasive species.
(2)
The National Management Plan
shall be developed through a public process and in consultation with Federal
agencies, appropriate State and local entities, and other appropriate
stakeholders.
(3)
The National Management Plan
shall include recommendations of effective, cost-efficient, environmentally
sound, and science-based approaches for—
(A)
preventing the introduction
of invasive species, including approaches for identifying pathways by which
invasive species are introduced and for minimizing the risk of introductions
via those pathways, which recommended approaches shall provide for—
(i)
a process to evaluate risks
associated with the introduction and spread of invasive species; and
(ii)
a coordinated and systematic
risk-based process to identify, monitor, and interdict pathways that may be
involved in the introduction of invasive species;
(B)
cooperating with other
countries to increase their capacity—
(i)
to control invasive species;
and
(ii)
to prevent the spread of
invasive species across international borders;
(C)
rapidly detecting and
responding to incipient invasions of invasive species;
(D)
managing new and established
populations of invasive species by—
(i)
eradicating the invasive
species; or
(ii)
controlling the spread of the
invasive species;
(E)
accurately and reliably
monitoring new and established populations of invasive species;
(F)
restoring native species and
habitat conditions in ecosystems that have been invaded by invasive
species;
(G)
conducting research on the
matters referred to in subparagraphs (A) through (F);
(H)
evaluating and documenting
the effects of invasive species on the environment, the economy, and human
health;
(I)
developing technologies to
prevent the introduction and provide for the management of invasive species;
and
(J)
promoting public education on
invasive species and the means to address invasive species.
(4)
Identification of needed resources
The National Management Plan
shall identify the personnel, other resources, and additional levels of
coordination needed to achieve the goals included in the National Management
Plan.
(b)
The National Invasive Species
Management Plan of the Invasive Species Council adopted in 2001 shall be
treated as the National Management Plan required under subsection (a) until the
date of issuance of the National Management Plan under subsection
(c)(1).
(c)
Issuance and updating of National Management Plan
The Council shall—
(1)
not later than December 31,
2005, issue the National Management Plan;
(2)
not later than December 31,
2007, and biennially thereafter, update the National Management Plan;
and
(3)
concurrently with the process
of updating the National Management Plan, evaluate and report to Congress on
success in achieving the goals included in the National Management Plan.
(d)
Not later than 18 months
after the date of issuance of any update of the National Management Plan that
recommends action by a Federal agency, the head of the Federal agency shall
submit to Congress a report that—
(1)
describes each of the
recommended actions that the agency has not taken; and
(2)
provides an explanation of
why the action is not feasible.
7.
Invasive Species Advisory Committee
(a)
(1)
The Council shall maintain an
advisory committee, to be known as the Invasive Species Advisory
Committee
, to provide information and advice for consideration by the
Council.
(2)
Organization, functions, and authorities
Except as otherwise provided
in this section, the advisory committee shall be organized, perform the
functions, and have the authorities specified in the charter for the advisory
committee signed by the Secretary of the Interior on October 30, 2001.
(b)
Members of the advisory
committee shall be appointed by the chairperson of the Council, after
consultation with the other members of the Council, from among individuals
representing stakeholders with respect to Federal programs for minimizing the
environmental, economic, and human health impacts caused by invasive
species.
(c)
In addition to the functions
specified in the charter referred to in subsection (a), the advisory committee
shall recommend to the Council plans and actions at the regional, State, local,
tribal, and ecosystem-based levels to achieve the goals of the National
Management Plan.
(d)
Continuing operation of existing committee
Any advisory committee
appointed before the date of enactment of this Act in accordance with the
charter referred to in subsection (a)(2) may continue in effect under this
section.
8.
Budget analysis and summary
Not later than March 31, 2005,
and March 31 of each year thereafter, the Director of the Office of Management
and Budget shall prepare, and submit to Congress and the Council, a budget
analysis and summary of all Federal programs relating to invasive
species.
9.
Executive Order No. 13112,
dated February 3, 1999 (42 U.S.C. 4321 note; relating
to invasive species), shall be of no effect.
10.
Authorization of appropriations
There is authorized to be
appropriated to carry out this Act $2,000,000 for each of fiscal years 2006
through 2008.