Invasive Species Emergency Response Fund

(a)

Definitions

In this section: (1)

Ecosystem

The term ecosystem means an area, considered as a whole, that contains living organisms that interact with each other and with the non-living environment. (2)

Eligible State

The term eligible State means any State located in Region 4, as determined by the Census Bureau. (3)

Fund

The term Fund means the Invasive Species Emergency Response Fund established by subsection (b). (4)

Indian tribe

The term Indian tribe has the meaning given the term in section 4 of the Indian Self-Determination Act and Education Assistance Act (25 U.S.C. 450b). (5)

Introduction

The term introduction, with respect to a species, means the intentional or unintentional escape, release, dissemination, or placement of the species into an ecosystem as a result of human activity. (6)

Invasive species

The term invasive species means a species— (A)that is nonnative to a specified ecosystem; and (B)the introduction to an ecosystem of which causes, or may cause, harm to— (i)the economy; (ii)the environment; or (iii)human, animal, or plant health. (7)

Qualified organization

(A)

In general

The term qualified organization means an organization that— (i)submits an application for a project in an eligible State; and (ii)demonstrates an effort to address— (I)a certain invasive species; or (II)a certain habitat or ecosystem impacted by an invasive species. (B)

Inclusions

The term qualified organization includes any individual representing, or any combination of— (i)public or private stakeholders; (ii)Federal agencies; (iii)Indian tribes; (iv)State land, forest, or fish wildlife management agencies; (v)academic institutions; and (vi)other organizations, as the Secretary determines to be appropriate. (8)

Secretary

The term Secretary means the Secretary of the Interior. (9)

Stakeholder

The term stakeholder includes— (A)State, tribal, and local governmental agencies; (B)the scientific community; and (C)nongovernmental entities, including environmental, agricultural, and conservation organizations, trade groups, commercial interests, and private landowners. (b)

Establishment of Fund

There is established in the Treasury of the United States a revolving fund, to be known as the Invasive Species Emergency Response Fund, consisting of— (1)such amounts as are appropriated to the Fund pursuant to subsection (h); and (2)interest earned on investments of amounts in the Fund under subsection (e). (c)

Expenditures from Fund

(1)

In general

Subject to paragraph (2), on request by the Secretary, the Secretary of the Treasury shall transfer from the Fund to the Secretary such amounts as the Secretary determines are necessary to provide loans under subsection (f)(1). (2)

Administrative expenses

Of the amounts in the Fund— (A)not more than 5 percent shall be available for each fiscal year to pay the administrative expenses of the Department of the Interior to carry out this section; (B)not more than 5 percent shall be available for each fiscal year to pay the administrative expenses of offices of the Governors of eligible States to carry out this section; and (C)not more than 10 percent shall be available for each fiscal year to pay the administrative expenses of a qualified organization to carry out this section. (d)

Transfers of amounts

(1)

In general

The amounts required to be transferred to the Fund under this section shall be transferred at least monthly from the general fund of the Treasury to the Fund on the basis of estimates made by the Secretary of the Treasury. (2)

Adjustments

Proper adjustment shall be made in amounts subsequently transferred to the extent prior estimates were in excess of or less than the amounts required to be transferred. (e)

Investment of amounts

(1)

In general

The Secretary of the Treasury shall invest such portion of the Fund as is not, in the judgment of the Secretary of the Treasury, required to meet current withdrawals. (2)

Interest-bearing obligations

Investments may be made only in interest-bearing obligations of the United States. (f)

Use of Fund

(1)

Loans

(A)

In general

The Secretary shall use amounts in the Fund to provide loans to qualified organizations to prevent and remediate the impacts of invasive species on habitats and ecosystems. (B)

Eligibility

(i)

In general

To be eligible to receive a loan under this paragraph, a qualified organization shall submit to the Governor of the eligible State in which the project of the qualified organization is located an application at such time, in such manner, and containing such information as may be required by application requirements established by the Secretary, after taking into account the recommendations of the Governors of eligible States. (ii)

Gubernatorial recommendations

In reviewing the applications under clause (i), the Governor may recommend to the Secretary for approval any application of a qualified organization under clause (i) if the Governor determines that the qualified organization is carrying out or will carry out a project— (I)designed to fully assess long-term comprehensive severity of the problem or potential problem addressed by the project; (II)that uses early detection and response mechanisms that seek to prevent— (aa)the introduction or spread of invasive species from outside the United States into an eligible State; or (bb)the spread of an established invasive species into an eligible State; (III)to prevent the regrowth or reintroduction of an invasive species, to the extent to which the qualified organization has achieved progress with respect to reduction or elimination of the invasive species; (IV)in rare or unique habitats, such as— (aa)desert terminal lakes; (bb)rivers that feed desert terminal lakes; (cc)desert springs; (dd)alpine lakes; (ee)old growth forest ecosystems; and (ff)special land allocations, such as wilderness, wilderness management areas, research natural areas, and experimental forests; (V)that is likely to prevent or resolve a problem relating to invasive species; (VI)to remediate the spread of aquatic invasive species within important bodies of water, as determined by the Secretary (including the Colorado River); (VII)to remediate the spread of terrestrial invasive species within important forest ecosystems, including wilderness, wilderness management areas, research natural areas, and experimental forests; (VIII)to assess and promote wildfire management strategies, increase the supply of native plant materials, and reintroduce native plant species intended to limit or mitigate the impacts of invasive species; (IX)to assess and reduce invasive species-related changes in wildlife habitat and aquatic, terrestrial, and arid ecosystems; (X)to assess and reduce negative economic impacts and other impacts associated with control methods and the restoration of a native ecosystem; (XI)to improve the overall capacity of the United States to address invasive species; (XII)to promote cooperation and participation between States that have common interests regarding invasive species; (XIII)that addresses or enhances the efforts of qualified organizations, States, or landscape-level initiatives that have invasive species responsibility, authority, or prevention, remediation and control strategies, and applicable plans in place; or (XIV)to educate the public regarding the negative effects of invasive species, to help prevent and mitigate the introduction and spread of invasive species into or near high-risk aquatic, terrestrial, and arid ecosystems. (iii)

Transmission to the Secretary

The Governor shall transmit to the Secretary all applications received by the Governor under clause (i). (C)

Sense of Congress regarding multistate compacts

It is the sense of Congress that— (i)Governors of States should enter into multistate compacts in coordination with qualified organizations to prevent, address, and remediate against the spread of animals, plants, or pathogens, or aquatic, wetland, or terrestrial invasive species; (ii)the Secretary should give special consideration to multistate compacts described in clause (i) in reviewing loan solicitations and applications of the States and qualified organizations that are parties to the compacts; and (iii)if a multistate compact is entered into under clause (i), the Governors of all States that are parties to the compact should combine to repay to the Secretary of the Treasury a total combined amount equal to not less than 25 percent of the amount of the loan provided under this Act (including interest at a rate less than or equal to the market interest rate). (D)

Petitions

(i)

Action by Governor

Not later than 90 days after the receipt of an application recommended for approval by the Secretary under subparagraph (B)(ii), the Governor of an eligible State shall submit to the Secretary, on behalf of all qualified organizations, a petition, together with copies of the recommended application, to receive a loan under this paragraph. (ii)

Approval

Not later than 60 days after the date of receipt of a petition under clause (i), the Secretary, at the sole discretion of the Secretary, may approve the petition. (iii)

Action on approval

Not later than 30 days after the date of approval of a petition under clause (ii) or the approval by the Secretary of an application otherwise transmitted by a Governor under subparagraph (B)(iii), the Secretary shall provide to the qualified organization a loan under this paragraph. (E)

Priority

In providing loans under this paragraph, the Secretary shall give priority to applications of qualified organizations carrying out, or that will carry out, more than 1 project described in subparagraph (B)(ii). (2)

Requirements

(A)

Loan repayment

(i)

In-kind consideration

With respect to loan repayment under clause (ii), the Secretary may accept, in lieu of monetary payment, in-kind contributions in such form and such quantity as may be acceptable to the Secretary, including contributions in the form of— (I)maintenance, remediation, prevention, alteration, repair, improvement, or restoration (including environmental restoration) activities for approved projects; and (II)such other services as the Secretary considers to be appropriate. (ii)

Repayment

Subject to clause (iv), not later than 10 years after the date on which a qualified organization receives a loan under paragraph (1), the qualified organization shall repay to the Secretary of the Treasury an amount equal to not less than 25 percent of the amount of the loan (including interest at a rate less than or equal to the market interest rate). (iii)

Waiver

Not more frequently than once every 5 years, the Secretary, in consultation with the Secretary of the Treasury, may waive the requirements under clauses (i) and (ii) with respect to 1 qualified organization. (B)

Long-term management and remediation strategies

The Secretary shall ensure that no loan provided under paragraph (1) is used to carry out a long-term management or remediation strategy, unless the Governor or applicable qualified organization demonstrates either or both a reliable funding stream and in-kind contributions to carry out the strategy over the duration of the project. (3)

Renewal

After reviewing the reports under subsection (g), if the Secretary, in consultation with the Governor of each affected State, determines that a project is making satisfactory progress, the Secretary may renew the loan provided under this subsection for a period of not more than 3 additional fiscal years. (g)

Reports

(1)

Reports to Secretary

For each year during which a qualified organization receives a loan under subsection (f), the qualified organization, in conjunction with the Governor of the eligible State in which the qualified organization is primarily located, shall submit to the Secretary a report describing each project (including the results of the project) carried out by the qualified organization using the loan during that year. (2)

Report to Congress

Not later than September 30, 2011, and annually thereafter through September 30, 2015, the Secretary shall submit a report describing the total loan amount requested by each eligible State during the preceding fiscal year and the total amount of the loans provided under subsection (f)(1) to each eligible State during that fiscal year, and an evaluation on effectiveness of the Fund and the potential to expand the Fund to other regions, to— (A)the Committees on Appropriations, Energy and Natural Resources, and Environment and Public Works of the Senate; and (B)the Committees on Appropriations and Natural Resources of the House of Representatives. (3)

Report by borrower

(A)

In general

Each qualified organization that receives a loan under subsection (f)(1) shall submit to the Secretary a report describing the use of the loan and the success achieved by the qualified organization— (i)not less frequently than once each year until the date of expiration of the loan; or (ii)if the loan expires before the date that is 1 year after the date on which the loan is provided, at least once during the term of the loan. (B)

Interim update

In addition to the reports required under subparagraph (A), each qualified organization that receives a loan under subsection (f)(1) shall submit to the Secretary, electronically or in writing, a report describing the use of the loan and the success achieved by the qualified organization, expressed in chronological order with respect to the date on which each project was initiated— (i)not less frequently than once every 180 days until the date of expiration of the loan; or (ii)if the loan expires before the date that is 180 days after the date on which the loan is provided, on the date on which the term of the loan is 50 percent completed. (h)

Authorization of appropriations

There is authorized to be appropriated to the Fund $80,000,000 for each of fiscal years 2011 through 2015.