[Congressional Bills 114th Congress]
[From the U.S. Government Publishing Office]
[S. 2240 Introduced in Senate (IS)]

<DOC>






114th CONGRESS
  1st Session
                                S. 2240

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


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                            November 4, 2015

    Mr. Barrasso (for himself, Mr. Enzi, Mr. Risch, and Mr. Crapo) 
introduced the following bill; which was read twice and referred to the 
               Committee on Energy and Natural Resources

_______________________________________________________________________

                                 A BILL


 
To improve the control and management of invasive species that threaten 
   and harm Federal land 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.

    This Act may be cited as the ``Federal Land Invasive Species 
Control, Prevention, and Management Act''.

SEC. 2. PURPOSE.

    The purpose of this Act is to ensure the effective management of 
Federal land, including National Monuments and National Heritage Areas, 
to protect from invasive species important natural resources, 
including--
            (1) soil;
            (2) vegetation;
            (3) archeological sites;
            (4) water resources; and
            (5) rare or unique habitats.

SEC. 3. DEFINITIONS.

    In this Act:
            (1) Control.--The term ``control'', with respect to an 
        invasive species, means the eradication, suppression, or 
        reduction of the population of the invasive species within the 
        area in which the invasive species is present.
            (2) Ecosystem.--The term ``ecosystem'' means the complex of 
        a community of organisms and the environment of the organisms.
            (3) Eligible state.--The term ``eligible State'' means any 
        of--
                    (A) a State;
                    (B) the District of Columbia
                    (C) the Commonwealth of Puerto Rico;
                    (D) American Samoa;
                    (E) Guam; and
                    (F) the United States Virgin Islands.
            (4) Invasive species.--
                    (A) In general.--The term ``invasive species'' 
                means an alien species, the introduction of which 
                causes, or is likely to cause, economic or 
                environmental harm or harm to human health.
                    (B) Associated definition.--For purposes of 
                subparagraph (A), the term ``alien species'', with 
                respect to a particular ecosystem, means any species 
                (including the seeds, eggs, spores, or other biological 
                material of the species that are capable of propagating 
                the species) that is not native to the affected 
                ecosystem.
                    (C) Inclusion.--The terms ``invasive species'' and 
                ``alien species'' include any terrestrial or aquatic 
                species determined by the relevant tribal, regional, 
                State, or local authority to meet the requirements of 
                subparagraph (A) or (B), as applicable.
            (5) Manage; management.--The terms ``manage'' and 
        ``management'', with respect to an invasive species, mean the 
        active implementation of any activity--
                    (A) to reduce or stop the spread of the invasive 
                species; and
                    (B) to inhibit further infestations of the invasive 
                species, the spread of the invasive species, or harm 
                caused by the invasive species, including 
                investigations regarding methods for early detection 
                and rapid response, prevention, control, or management 
                of the invasive species.
            (6) Prevent.--The term ``prevent'', with respect to an 
        invasive species, means--
                    (A) to hinder the introduction of the invasive 
                species onto land or water; or
                    (B) to impede the spread of the invasive species 
                within land or water by inspecting, intercepting, or 
                confiscating invasive species threats prior to the 
                establishment of the invasive species onto land or 
                water of an eligible State.
            (7) Secretary concerned.--The term ``Secretary concerned'' 
        means--
                    (A) the Secretary of the Interior, with respect to 
                Federal land administered by the Secretary of the 
                Interior through--
                            (i) the Bureau of Indian Affairs;
                            (ii) the Bureau of Land Management;
                            (iii) the Bureau of Reclamation;
                            (iv) the National Park Service; or
                            (v) the United States Fish and Wildlife 
                        Service; and
                    (B) the Secretary of Agriculture, with respect to 
                Federal land administered by the Secretary of 
                Agriculture through the Forest Service.
            (8) Species.--The term ``species'' means a group of 
        organisms, all of which--
                    (A) have a high degree of physical and genetic 
                similarity;
                    (B) generally interbreed only among themselves; and
                    (C) show persistent differences from members of 
                allied groups of organisms.

SEC. 4. FEDERAL EFFORTS TO CONTROL AND MANAGE INVASIVE SPECIES ON 
              FEDERAL LAND.

    (a) Control and Management.--Each Secretary concerned shall plan 
and carry out activities on land directly managed by the Secretary 
concerned to control and manage invasive species--
            (1) to inhibit or reduce the populations of invasive 
        species; and
            (2) to effectuate restoration or reclamation efforts.
    (b) Strategic Plan.--
            (1) In general.--Each Secretary concerned shall develop a 
        strategic plan for the implementation of the invasive species 
        program of the Secretary concerned to achieve, to the maximum 
        extent practicable, an annual 5-percent net reduction of 
        invasive species populations on land managed by the Secretary 
        concerned.
            (2) Coordination.--Each strategic plan under paragraph (1) 
        shall be developed--
                    (A) in coordination with affected--
                            (i) eligible States;
                            (ii) political subdivisions of eligible 
                        States; and
                            (iii) federally recognized Indian tribes; 
                        and
                    (B) in accordance with the priorities established 
                by 1 or more Governors of the eligible States in which 
                an ecosystem affected by an invasive species is 
                located.
            (3) Factors for consideration.--In developing a strategic 
        plan under this subsection, the Secretary concerned shall take 
        into consideration the economic and ecological costs of action 
        or inaction, as applicable.

SEC. 5. PROGRAM FUNDING ALLOCATIONS.

    (a) Control and Management.--Of the amount appropriated or 
otherwise made available to each 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 for on-the-
ground control and management of invasive species, including through--
            (1) the purchase of necessary products, equipment, or 
        services to conduct that 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 revegetation 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 each 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 
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 each 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 those programs, including costs relating to oversight and 
management of the programs, recordkeeping, and implementation of the 
strategic plan developed under section 4(b).
    (d) Reporting Requirements.--Not later than 60 days after the end 
of the second fiscal year beginning after the date of enactment of this 
Act, each Secretary concerned shall submit to Congress a report--
            (1) describing the use by the Secretary concerned during 
        the 2 preceding 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. 6. PRUDENT USE OF FUNDS.

    (a) Cost-Effective Methods.--In selecting a method to be used to 
control or manage an invasive species as part of a specific control or 
management project, the Secretary concerned shall prioritize the use of 
the least-costly option, based on sound scientific data and other 
commonly used, cost-effective benchmarks, in an area to effectively 
control and manage invasive species.
    (b) Comparative Economic Assessment.--To achieve compliance with 
subsection (a), the Secretary concerned shall require a comparative 
economic assessment of invasive species control and management methods 
to be conducted.
    (c) Categorical Exclusions.--
            (1) In general.--An invasive species control or management 
        project or activity described in paragraph (2) 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.) during the period for which the Secretary concerned 
        determines that the project or activity is otherwise conducted 
        in accordance with applicable agency procedures, including any 
        land and resource management plan or land use plan applicable 
        to the area.
            (2) Description of projects and activities.--A project or 
        activity referred to in paragraph (1) is a project or activity 
        that, as determined by the Secretary concerned--
                    (A) is, or will be, carried out on land or water 
                that is--
                            (i) directly managed by the Secretary 
                        concerned; and
                            (ii) located in a prioritized, high-risk 
                        area; and
                    (B) involves the treatment of any land or waterway 
                located within 1,000 feet of--
                            (i) any port of entry to the United States, 
                        including--
                                    (I) a water body or waterway;
                                    (II) a railroad line;
                                    (III) an airport; and
                                    (IV) a roadside or highway;
                            (ii) a water project;
                            (iii) a utility or telephone infrastructure 
                        or right-of-way;
                            (iv) a campground;
                            (v) a National Heritage Area;
                            (vi) a National Monument;
                            (vii) a park or other recreational site;
                            (viii) a school; or
                            (ix) any other similar, valuable 
                        infrastructure.
    (d) Relation to Other Authority.--
            (1) Other invasive species control, prevention, and 
        management authorities.--Nothing in this Act precludes the 
        Secretary concerned from pursuing or supporting, pursuant to 
        any other provision of law, any activity regarding the control, 
        prevention, or management of an invasive species, including 
        investigations to improve the control, prevention, or 
        management of the invasive species.
            (2) Public water supply systems.--Nothing in this Act 
        authorizes the Secretary concerned to suspend any water 
        delivery or diversion, or otherwise to prevent the operation of 
        a public water supply system, as a measure to control, manage, 
        or prevent the introduction or spread of an invasive species.

SEC. 7. USE OF PARTNERSHIPS.

    (a) In General.--Subject to the requirements of this section, the 
Secretary concerned may enter into any contract or cooperative 
agreement with another Federal agency, an eligible State, a political 
subdivision of an eligible State, or a private individual or entity to 
assist with the control and management of an invasive species.
    (b) Memorandum of Understanding.--
            (1) In general.--As a condition of a contract or 
        cooperative agreement under subsection (a), the Secretary 
        concerned and the applicable Federal agency, eligible State, 
        political subdivision of an eligible State, or private 
        individual or entity shall enter into a memorandum of 
        understanding that describes--
                    (A) the nature of the partnership between the 
                parties to the memorandum of understanding; and
                    (B) the control and management activities to be 
                conducted under the contract or cooperative agreement.
            (2) Contents.--A memorandum of understanding under this 
        subsection shall contain, at a minimum, the following:
                    (A) A prioritized listing of each 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) A description of each specific, integrated pest 
                management option to be used, including a comparative 
                economic assessment to determine the least-costly 
                method.
                    (E) Any map, boundary, or Global Positioning System 
                coordinates needed to clearly identify the area in 
                which each control or management activity is proposed 
                to be conducted.
                    (F) A written assurance that each partner will 
                comply with section 15 of the Federal Noxious Weed Act 
                of 1974 (7 U.S.C. 2814).
            (3) Coordination.--If a partner to a contract or 
        cooperative agreement under subsection (a) is an eligible 
        State, political subdivision of an eligible State, or private 
        individual or entity, the memorandum of understanding under 
        this subsection shall include a description of--
                    (A) the means by which each applicable control or 
                management effort will be coordinated; and
                    (B) the expected outcomes of managing and 
                controlling the invasive species.
            (4) Public outreach and awareness efforts.--If a contract 
        or cooperative agreement under subsection (a) involves any 
        outreach or public awareness effort, the memorandum of 
        understanding under this subsection shall include a list of 
        goals and objectives for each outreach or public awareness 
        effort that have been determined to be efficient to inform 
        national, regional, State, or local audiences regarding 
        invasive species control and management.
    (c) Investigations.--The purpose of any invasive species-related 
investigation carried out under a contract or cooperative agreement 
under subsection (a) shall be--
            (1) to develop solutions and specific recommendations for 
        control and management of invasive species; and
            (2) specifically to provide faster implementation of 
        control and management methods.

SEC. 8. COORDINATION WITH AFFECTED LOCAL GOVERNMENTS.

    Each project and activity carried out pursuant to this Act shall be 
coordinated with affected local governments, in accordance with section 
202(c)(9) of the Federal Land Policy and Management Act of 1976 (43 
U.S.C. 1712(c)(9)).
                                 <all>