[Congressional Bills 110th Congress]
[From the U.S. Government Publishing Office]
[H.R. 767 Reference Change Senate (RCS)]







110th CONGRESS
  1st Session
                                H. R. 767


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                            October 23, 2007

   Received; read twice and referred to the Committee on Energy and 
                           Natural Resources

                            November 8, 2007

  Committee discharged; referred to the Committee on Environment and 
                              Public Works

_______________________________________________________________________

                                 AN ACT


 
  To protect, conserve, and restore native fish, wildlife, and their 
  natural habitats at national wildlife refuges through cooperative, 
  incentive-based grants to control, mitigate, and eradicate harmful 
               nonnative 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 ``Refuge Ecology Protection, 
Assistance, and Immediate Response Act''.

SEC. 2. 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 $361,000,000, 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.

SEC. 3. 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 No. 13112, dated February 3, 1999.
            (2) Appropriate committees.--The term ``appropriate 
        Committees'' means the Committee on Natural 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 No. 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.), 
        including any waterfowl production area.
            (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.

SEC. 4. 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, university, 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 the Secretary or a 
        designee of the Secretary, for 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 
                in the project areas of native species targeted for 
                restoration, 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.

SEC. 5. 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, with the concurrence of the Governor of 
a State, to local and State agencies, universities, 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.

SEC. 6. COOPERATIVE VOLUNTEER HARMFUL NON-NATIVE SPECIES MONITORING AND 
              CONTROL PROGRAM.

    (a) In General.--Consistent with the National Wildlife Refuge 
System Volunteer and Community Partnership Enhancement Act of 1998 
(Public Law 105-242), the Secretary shall establish a cooperative 
volunteer harmful non-native species monitoring and control program to 
administer and coordinate projects implemented by partner organizations 
concerned with national wildlife refuges to address harmful non-native 
species that threaten national wildlife refuges or adjacent lands.
    (b) Eligible Activities.--Each project administered and coordinated 
under this section shall include one of the following activities:
            (1) Habitat surveys.
            (2) Detection and identification of new introductions or 
        infestations of harmful nonnative species.
            (3) Harmful non-native species control projects.
            (4) Public education and outreach to increase awareness 
        concerning harmful non-native species and their threat to the 
        refuge system.

SEC. 7. RELATIONSHIP TO OTHER AUTHORITIES.

    (a) Authorities, etc. of Secretary.--Nothing in this Act affects 
authorities, responsibilities, obligations, or powers of the Secretary 
under any other statute.
    (b) State Authority.--Nothing in this Act preempts any provision or 
enforcement of State statute or regulation relating to the management 
of fish and wildlife resources within such State.

SEC. 8. BIENNIAL REPORT.

    The Secretary shall prepare and submit to the Congress by not later 
than 2 years after the date of the enactment of this Act 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;
                    (C) immediate response activities; and
                    (D) projects identified in the Refuge Operations 
                Needs database or the Service Asset and Maintenance 
                Management System database of the United States Fish 
                and Wildlife Service.
            (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; and
            (3) information required to be included under section 4(k).

SEC. 9. AUTHORIZATION OF APPROPRIATIONS.

    (a) In General.--There are authorized to be appropriated to carry 
out this Act such sums as may be necessary.
    (b) Allowance for Immediate Response.--Of the amounts appropriated 
to carry out this Act no more than 25 percent shall be available in any 
fiscal year for financial assistance under section 5.
    (c) Continuing Availability.--Amounts appropriated under this Act 
may remain available until expended.
    (d) Administrative Expenses.--Of amounts available each fiscal year 
to carry out this Act, the Secretary may expend not more than 3 percent 
or up to $100,000, whichever is greater, to pay the administrative 
expenses necessary to carry out this Act.

            Passed the House of Representatives October 22, 2007.

            Attest:

                                            LORRAINE C. MILLER,

                                                                 Clerk.