I 111th CONGRESS 1st Session H. R. 3850 IN THE HOUSE OF REPRESENTATIVES October 20, 2009 Mr. Kratovil (for himself and Mr. Boustany) introduced the following bill; which was referred to the Committee on Natural Resources A BILL To provide for the eradication and control of nutria in Maryland, Louisiana, and other coastal States.

1.

Short title

This Act may be cited as the Nutria Eradication and Control Act of 2009.

2.

Findings; purpose

(a)

Findings

Congress finds that— (1)wetland and tidal marshes in the Chesapeake Bay, the State of Louisiana, and other coastal States provide significant cultural, economic, and ecological benefits to the United States; (2)the South American nutria (Myocastor coypus) is directly contributing to substantial marsh loss on Federal, State, and private land in the States of Maryland and Louisiana and other coastal States; (3)the Nutria Eradication and Control Act of 2003 (Public Law 108–16; 117 Stat. 621) authorized the Maryland Nutria Project, which has successfully eradicated nutria from more than 130,000 acres of Chesapeake Bay wetland in the State of Maryland; (4)the Nutria Eradication and Control Act of 2003 (Public Law 108–16; 117 Stat. 621) and the Coastal Wetlands Planning, Protection, and Restoration Act (16 U.S.C. 3951 et seq.) authorized the Coastwide Nutria Control Program, which has reduced nutria-impacted wetland acres in the State of Louisiana from 80,000 acres to 23,141 acres; and (5)proven techniques developed under the Nutria Eradication and Control Act of 2003 (Public Law 108–16; 117 Stat. 621) that are eradicating nutria from the State of Maryland and are reducing the acres of nutria-impacted wetland in Louisiana, should be applied to nutria eradication or control programs in other nutria-infested coastal States. (b)

Purpose

The purpose of this Act is to authorize the Secretary of the Interior to provide financial assistance to the States of Maryland, Louisiana, Delaware, Oregon, Virginia, and Washington to carry out activities— (1)to eradicate or control nutria; and (2)to restore nutria damaged wetland.

3.

Definitions

In this Act: (1)

Coastal state

The term coastal State means each of the States of Delaware, Oregon, Virginia, and Washington. (2)

Program

The term program means the nutria eradication program established by section 4(a). (3)

Secretary

The term Secretary means the Secretary of the Interior.

4.

Nutria eradication program

(a)

In general

There is established a nutria eradication program under which the Secretary may, subject to the availability of appropriations, provide financial assistance to the States of Maryland and Louisiana and the coastal States to implement measures— (1)to eradicate or control nutria; and (2)to restore wetland damaged by nutria. (b)

Goals

The goals of the program shall be— (1)to eradicate nutria in the State of Maryland; (2)to eradicate or control nutria in the State of Louisiana and the coastal States; and (3)to restore wetland damaged by nutria. (c)

Activities in the State of Maryland

The Secretary shall require that the program carried out in the State of Maryland consist of management, research, and public education activities carried out in accordance with the document published by the United States Fish and Wildlife Service entitled Eradication Strategies for Nutria in the Chesapeake and Delaware Bay Watersheds, dated March 2002, and updated March 2009. (d)

Cost-Sharing requirement

(1)

Federal share

The Federal share of the total cost of the program may not exceed 75 percent. (2)

In-kind contributions

The non-Federal share of the total cost of the program may be provided in the form of in-kind contributions of materials or services. (e)

Limitation on administrative expenses

Not more that 5 percent of the financial assistance provided by the Secretary under the program may be used for administrative expenses.

5.

Report

Not later than 180 days after the date of enactment of this Act, the Secretary and the National Invasive Species Council shall— (1)for purposes of the program, give consideration to— (A)the 2002 report for the Louisiana Department of Wildlife and Fisheries entitled Nutria in Louisiana; and (B)the March 2009 update of the document entitled Eradication Strategies for the Nutria in the Chesapeake and Delaware Bay Watersheds and dated March 2002; (2)continue, in cooperation with the State of Louisiana Department of Wildlife and Fisheries and the State of Maryland Department of Natural Resources, a long-term nutria control or eradication program, as appropriate, with the objective to significantly reduce and restore the damage nutria cause to coastal wetland in the States of Louisiana and Maryland; and (3)develop, in cooperation with the State of Delaware Department of Natural Resources and Environmental Control, the State of Virginia Department of Game and Inland Fisheries, the State of Oregon Department of Fish and Wildlife, and the State of Washington Department of Fish and Wildlife, long-term nutria control or eradication programs, as appropriate, with the objective to significantly reduce and restore the damage nutria cause to coastal wetland in the coastal States.

6.

Authorization of appropriations

There are authorized to be appropriated to the Secretary for each of fiscal years 2010 through 2014— (1)$4,000,000 to provide financial assistance under the program to each of the States of Maryland and Louisiana; and (2)$1,000,000 to provide financial assistance under the program to each of the coastal States.