II 110th CONGRESS 2d Session S. 3366 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.
1.
Short title
This Act may be cited as the Refuge Ecology Protection, Assistance, and Immediate Response Act.
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.
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.
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.
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.
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.
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.
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).
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.