[Congressional Bills 110th Congress]
[From the U.S. Government Publishing Office]
[S. 3366 Introduced in Senate (IS)]







110th CONGRESS
  2d Session
                                S. 3366

  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 plant species, and for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             July 30, 2008

  Mr. Nelson of Florida (for himself, Ms. Stabenow, Ms. Collins, Mr. 
Cardin, and Mr. Martinez) introduced the following bill; which was read 
  twice and referred to the Committee on Environment and Public Works

_______________________________________________________________________

                                 A BILL


 
  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 plant 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.--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 8,000,000 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 monitoring and 
        management of harmful nonnative species, including control of 
        harmful nonnative plant species.
            (2) To promote the development of voluntary State 
        assessments to establish priorities for controlling harmful 
        nonnative plant and animal 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 plant 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 plant species invasions.

SEC. 3. DEFINITIONS.

    For the purposes of this Act:
            (1) 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.
            (2) 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.
            (3) 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.
            (4) 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.
            (5) 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).
            (6) 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''.
            (7) Refuge resources.--The term ``refuge resources'' means 
        all land and water, including the fish and wildlife species and 
        the ecosystems and habitats therein, that are owned, leased, 
        managed through easement or cooperative agreement, or otherwise 
        managed by the 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.
            (8) Secretary.--The term ``Secretary'' means the Secretary 
        of the Interior, acting through the Director of the United 
        States Fish and Wildlife Service.
            (9) 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 plant 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 plant and animal 
                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 plant 
                and animal 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 plant and 
                animal species that might threaten or negatively impact 
                refuge resources within the State; and
                    (E) incorporate, where applicable and to the extent 
                consistent with this Act, 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; and
                    (B) receive, review, evaluate, and approve 
                applications for grants under this section.
            (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) 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, conservation organization, 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.
    (d) Qualified Control Project.--
            (1) In general.--To be a qualified control project under 
        this section, a project shall--
                    (A) control harmful nonnative plant 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 
                plant species after the completion of the project, that 
                is consistent with standards for monitoring developed 
                under subsection (i);
                    (C) be conducted in partnership with a national 
                wildlife refuge or refuge complex;
                    (D) be conducted on land or water, other than 
                national wildlife refuge land or water, that, for 
                purposes of carrying out the project, are under the 
                control of the eligible applicant applying for the 
                grant under this section, on land or water on which the 
                eligible applicant has permission to conduct the 
                project, or on adjacent national wildlife refuge land 
                or water administered by the United States Fish and 
                Wildlife Service referred to in subparagraph (C); 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 plant 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 plant 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) The extent to which a project would aid the 
                conservation of--
                            (i) species listed by the United States 
                        Fish and Wildlife Service as birds of 
                        management concern; and
                            (ii) species identified by the Director of 
                        the United States Fish and Wildlife Service as 
                        imperiled or at-risk species.
                    (F) The extent to which a project would aid the 
                conservation of species identified as a ``Species of 
                Greatest Conservation Need'' in a comprehensive 
                wildlife conservation plan developed under the State 
                wildlife grants program.
                    (G) The extent to which a project would contribute 
                to the restoration and protection of terrestrial, 
                freshwater aquatic, estuarine, coastal, and marine 
                ecosystems, such as the Everglades, the Great Lakes, 
                and the Mississippi River, that are determined to be 
                priorities by the Director of the United States Fish 
                and Wildlife Service.
                    (H) Whether a project includes pilot testing or a 
                demonstration of an innovative technology having the 
                potential for improved cost-effectiveness and reduced 
                environmental risks when controlling harmful nonnative 
                plant species.
                    (I) The extent to which a project minimizes adverse 
                impacts of control methods on ecosystems affected by 
                the project.
                    (J) Whether a project includes a comprehensive plan 
                to prevent reintroduction of harmful nonnative plant 
                species controlled by the project.
    (e) 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.
    (f) 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) In general.--If the Secretary, after reviewing 
                the reports under subsection (g) 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) 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 (d)(1)(B) for up to 5 fiscal 
                years after the project is otherwise completed.
    (g) Reporting by Grantee.--
            (1) Control projects; assessment projects.--
                    (A) Control projects.--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) Assessment projects.--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 
                        (j)(2);
                            (ii) specific information on the methods 
                        and techniques used to control harmful 
                        nonnative plant 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 paragraph (1)(A) 
        shall also submit annually to the Secretary a brief synopsis 
        and chronological list of projects showing progress as a 
        percentage of completion and use of awarded funds.
    (h) 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 (d)(2)(H) 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.
    (i) Monitoring and Maintenance of Control Grant Projects.--
            (1) Requirements.--The Secretary shall develop requirements 
        for the monitoring and maintenance of a control project to 
        ensure that the requirements under subparagraphs (A) and (B) of 
        subsection (d)(1) 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.
    (j) 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 plant 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.
    (k) 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 (d)(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 not more than 3 fiscal years to enable an immediate 
response to outbreaks of harmful nonnative plant 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 plant species.
    (b) Requirements for Assistance.--The Secretary, after consulting 
with the Governor of the State, shall provide assistance under this 
section to local and State agencies, universities, or nongovernmental 
entities for the eradication of an immediate harmful nonnative plant 
species threat only if--
            (1) there is a demonstrated need for the assistance;
            (2) the harmful nonnative plant 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 NONNATIVE 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 monitoring and control program to administer and coordinate 
projects implemented by partner organizations concerned with national 
wildlife refuges to address harmful nonnative species that threaten 
national wildlife refuges or adjacent lands.
    (b) Eligible Activities.--Each project administered and coordinated 
under this section shall include 1 of the following activities:
            (1) Habitat surveys.
            (2) Detection and identification of new introductions or 
        infestations of harmful nonnative plant and animal species.
            (3) Harmful nonnative plant species control projects.
            (4) Public education and outreach to increase awareness 
        concerning harmful nonnative 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.

    Not later than 2 years after the date of enactment of this Act and 
biennially thereafter, the Secretary shall prepare and submit to 
Congress and the National Invasive Species Council--
            (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.
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