[Congressional Bills 113th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3994 Introduced in House (IH)]

113th CONGRESS
  2d Session
                                H. R. 3994

To improve the control and management of invasive species that threaten 
   and harm Federal lands under the jurisdiction of the Secretary of 
 Agriculture and the Secretary of the Interior, and for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                            February 5, 2014

   Mr. Bishop of Utah (for himself and Mr. Horsford) introduced the 
    following bill; which was referred to the Committee on Natural 
   Resources, and in addition to the Committee on Agriculture, for a 
 period to be subsequently determined by the Speaker, in each case for 
consideration of such provisions as fall within the jurisdiction of the 
                          committee concerned

_______________________________________________________________________

                                 A BILL


 
To improve the control and management of invasive species that threaten 
   and harm Federal lands under the jurisdiction of the Secretary of 
 Agriculture and the Secretary of the Interior, 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; TABLE OF CONTENTS.

    (a) Short Title.--This Act may be cited as the ``Federal Lands 
Invasive Species Control, Prevention, and Management Act''.
    (b) Table of Contents.--The table of contents for this Act is as 
follows:

Sec. 1. Short title; table of contents.
Sec. 2. Definitions.
Sec. 3. Federal efforts to control and manage invasive species on 
                            Federal lands.
Sec. 4. Program funding allocations.
Sec. 5. Prudent use of funds.
Sec. 6. Use of partnerships.

SEC. 2. DEFINITIONS.

    In this Act:
            (1) Alien species.--The term ``alien species'' means, with 
        respect to a particular ecosystem, any species, including its 
        seeds, eggs, spores, or other biological material capable of 
        propagating that species, that is not native to that ecosystem.
            (2) Control.--The term ``control'' means the eradication, 
        suppression, or reduction of the population of an invasive 
        species within the area in which the invasive species is 
        present.
            (3) Ecosystem.--The term ``ecosystem'' means the complex of 
        a community of organisms and its environment.
            (4) Eligible state.--The term ``eligible State'' means any 
        of the several States, the District of Columbia, the 
        Commonwealth of Puerto Rico, American Samoa, Guam, and the 
        United States Virgin Islands.
            (5) Invasive species.--The term ``invasive species'' means 
        an alien species whose introduction does or is likely to cause 
        economic or environmental harm or harm to human health.
            (6) Manage.--The terms ``manage'' and ``management'' mean 
        the active implementation of activities--
                    (A) to reduce or stop the spread of an invasive 
                species; and
                    (B) to inhibit further infestations or spread of 
                invasive species or harm caused by invasive species, 
                including investigations regarding methods to prevent, 
                control, or manage invasive species.
            (7) Prevent.--The term ``prevent'' means to hinder the 
        introduction of invasive species onto lands or waters or to 
        impede the spread of invasive species within lands or waters by 
        inspecting, intercepting, or confiscating invasive species 
        threats prior to their establishment onto lands or waters of an 
        eligible State.
            (8) Secretary concerned.--The term ``Secretary concerned'' 
        means--
                    (A) the Secretary of the Interior, with respect to 
                Federal lands administered by that Secretary through 
                the Bureau of Indian Affairs, the Bureau of Land 
                Management, the Bureau of Reclamation, the National 
                Park Service, or the United States Fish and Wildlife 
                Service; and
                    (B) the Secretary of Agriculture, with respect to 
                Federal lands administered by that Secretary through 
                the United States Forest Service.
            (9) Species.--The term ``species'' means a group of 
        organisms, all of which have a high degree of physical and 
        genetic similarity, generally interbreed only among themselves, 
        and show persistent differences from members of allied groups 
        of organisms.

SEC. 3. FEDERAL EFFORTS TO CONTROL AND MANAGE INVASIVE SPECIES ON 
              FEDERAL LANDS.

    (a) Control and Management.--The Secretary concerned shall plan and 
carry out activities on lands directly managed by the Secretary 
concerned to control and manage invasive species to inhibit or reduce 
their populations and to effectuate restoration or reclamation efforts.
    (b) Strategic Plan.--The Secretary concerned shall develop a 
strategic plan for the implementation of the invasive species program 
of that Secretary to endeavor to achieve an annual five percent net 
reduction of invasive species populations on lands managed by that 
Secretary.

SEC. 4. PROGRAM FUNDING ALLOCATIONS.

    (a) Control and Management Activities.--Of the amount appropriated 
or otherwise made available to the Secretary concerned for a fiscal 
year for programs that address or include invasive species management, 
the Secretary concerned shall use not less than 75 percent of the 
amount for on-the-ground control and management of invasive species, 
including through--
            (1) the purchase of necessary products, equipment, or 
        services to conduct such control and management;
            (2) the use of integrated pest management options, 
        including pesticides authorized for sale, distribution, or use 
        under the Federal Insecticide, Fungicide, and Rodenticide Act 
        (7 U.S.C. 136 et seq.);
            (3) the use of biological control agents that are proven to 
        be effective to reduce invasive species populations;
            (4) the use of re-vegetation or cultural restoration 
        methods designed to improve the diversity and richness of 
        ecosystems; or
            (5) the use of other effective mechanical or manual control 
        method.
    (b) Investigations, Outreach, and Public Awareness.--Of the amount 
appropriated or otherwise made available to the Secretary concerned for 
a fiscal year for programs that address or include invasive species 
management, the Secretary concerned may use not more than 15 percent of 
the amount for investigations, development activities, and outreach and 
public awareness efforts to address invasive species control and 
management needs.
    (c) Administrative Costs.--Of the amount appropriated or otherwise 
made available to the Secretary concerned for a fiscal year for 
programs that address or include invasive species management, not more 
than 10 percent may be used for administrative costs incurred to carry 
out such programs, including costs related to oversight and management 
of such programs, recordkeeping, and implementation of the strategic 
plan.
    (d) Reporting Requirements.--Not later than 60 days after the end 
of the second fiscal year beginning after the date of the enactment of 
this Act, the Secretary concerned shall submit to Congress a report--
            (1) describing the use by that Secretary during the 
        preceding two fiscal years of funds for programs that address 
        or include invasive species management; and
            (2) specifying the percentage of funds expended for each of 
        the purposes specified in subsections (a), (b), and (c).

SEC. 5. PRUDENT USE OF FUNDS.

    (a) Cost-Effective Methods.--In selecting the method or methods to 
be used to control or manage an invasive species as part of a specific 
control or management project, the Secretary concerned shall require 
the use of the least costly options based on sound scientific data and 
other commonly used cost-effective benchmarks in the area to 
effectively control and manage invasive species.
    (b) Comparative Economic Assessment.--The Secretary concerned shall 
require a comparative economic assessment of invasive species control 
and management methods to be conducted to comply with subsection (a).
    (c) Categorical Exclusion.--If an invasive species control or 
management project or activity to be conducted on lands directly 
managed by the Secretary concerned will be conducted in a prioritized, 
high-risk area involving the treatment of land or waterways within 
1,000 feet of a water body or waterway, a water project, a utility or 
telephone infrastructure or right of way, a railroad line, an airport, 
a port of entry, campground, roadside or highway, heritage site, a 
national monument, a park, recreation site, school, or other similar 
and valuable infrastructure, as determined by the Secretary concerned, 
the project or activity is categorically excluded from the requirement 
to prepare an environmental assessment or an environmental impact 
statement under the National Environmental Policy Act of 1969 (42 
U.S.C. 4321 et seq.) so long as the Secretary concerned determines that 
the project or activity is otherwise conducted consistently with agency 
procedures, including any land and resource management plan or land use 
plan applicable to the area covered by the project or activity.
    (d) Relation to Other Authority.--
            (1) Other invasive species control, prevention, or 
        management authorities.--Nothing in this Act shall be construed 
        to preclude the Secretary concerned from pursuing or 
        supporting, under the authority of any other provision of law, 
        activities regarding the control, prevention, or management of 
        invasive species, including investigations to better control, 
        prevent, or manage invasive species.
            (2) Public water supply systems.--Nothing in this Act shall 
        be construed to authorize the Secretary concerned to suspend 
        water deliveries or diversions or otherwise prevent the 
        operation of a public water supply system as a measure to 
        control, manage, or prevent the introduction or spread of 
        invasive species.

SEC. 6. USE OF PARTNERSHIPS.

    (a) Partnerships Authorized.--The Secretary concerned may enter 
into contracts and cooperative agreements with another Federal agency, 
an eligible State, a political subdivision of an eligible State, or a 
private entity to partner with the Secretary concerned and assist with 
the control and management of invasive species.
    (b) Memorandum of Understanding.--
            (1) Required.--As a condition of a contract or cooperative 
        agreement under subsection (a), the Secretary concerned and the 
        other Federal agency, eligible State, political subdivision of 
        an eligible State, or private entity involved shall enter into 
        a memorandum of understanding describing the nature of the 
        partnership between the parties and the control and management 
        activities to be conducted.
            (2) Contents.--The memorandum of understanding shall 
        contain, at a minimum, the following:
                    (A) A prioritized listing of invasive species to be 
                controlled or managed.
                    (B) An assessment of the total acres or area 
                infested by the invasive species.
                    (C) An estimate of the expected total acres or area 
                infested by the invasive species after control and 
                management of the invasive species is attempted.
                    (D) The specific integrated pest management option 
                or options to be used, including a comparative economic 
                assessment to determine the least costly method.
                    (E) Any maps, boundaries, or Global Positioning 
                System (GPS) coordinates needed to clearly identify the 
                area in which the control and management activities are 
                to be conducted.
                    (F) Written assurances that the partner will comply 
                with section 15 of the Federal Noxious Weed Act of 1974 
                (7 U.S.C. 2814).
    (c) Coordination.--If the partner in a contract or cooperative 
agreement under subsection (a) is an eligible State, political 
subdivision of an eligible State, or private entity, the memorandum of 
understanding shall also contain a description of how the control and 
management efforts will be coordinated and the expected outcomes of 
managing and controlling the invasive species.
    (d) Public Outreach and Awareness Efforts.--If a contract or 
cooperative agreement under subsection (a) will involve any outreach 
and public awareness efforts, the memorandum of understanding shall 
also contain a list of goals and objectives for such outreach and 
public awareness efforts that have been determined will be efficient to 
inform national, State, regional, or local audiences regarding invasive 
species control and management.
    (e) Investigations.--Any invasive species-related investigations 
undertaken under a contract or cooperative agreement under subsection 
(a) shall be undertaken for the purpose of--
            (1) developing solutions and specific recommendations for 
        control and management of invasive species; and
            (2) specifically providing faster implementation of control 
        and management methods.
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