[Congressional Record Volume 156, Number 29 (Wednesday, March 3, 2010)]
[Senate]
[Pages S1020-S1022]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

      By Mr. REID (for himself, Mr. Begich, Mr. Bennett, Mrs. 
        Feinstein, Mr. Merkley, Ms. Murkowski, and Mr. Wyden):
  S. 3063. A bill to direct the Secretary of the Interior to provide 
loans to certain organizations in certain States to address habitats 
and ecosystems and to address and prevent invasive species; to the 
Committee on Energy and Natural Resources.
  Mr. REID. Mr. President, I am pleased to introduce bipartisan 
legislation that will protect the unique ecosystems of the American 
West from the harmful effects of invasive, non-native species. I am 
joined by my cosponsors Senators Begich, Bennet of Colorado, Bennett of 
Utah, Feinstein, Merkley, Murkowski, and Wyden.
  The Invasive Species Emergency Response Fund provides resources to 
prevent the introduction and spread of harmful invasive species; 
protect susceptible habitats; and establish early detection and rapid 
response capabilities to combat incipient invasive species populations.
  As global climate change patterns shift, particular habitats in the 
West will be especially vulnerable to the impacts of new species 
introductions. Hence, the new paradigms in invasive species management 
provided via this legislation are critically needed. When it comes to 
invasive species management, history is replete with examples 
illustrating the adage that ``an ounce of prevention is worth a pound 
of cure.''
  The impact of invasive species in the U.S. is now widespread. More 
than 6,500 non-native, invasive species have become established 
populations throughout the U.S. Studies show that the damage caused by 
these pests and their associated control costs total more than $100 
billion annually. The unique ecologies of the West are particularly 
vulnerable to their harmful effects.
  My home State of Nevada is at the center of this ecological storm. 
Non-native species decrease rangeland capacity; lower water tables; 
reduce water quality; increase fuel loads; and displace native plants 
and wildlife habitats. Some in the environmental community have 
identified the Great Basin as the third most endangered ecosystem in 
the U.S. due, in part, to the dominance of invasive species.
  Moreover, once invasive species have gained a foothold in Western 
States, they exacerbate other critical issues, including water quantity 
and quality, and wildfire. Zebra mussels in Lake Mead are poised to 
wreak havoc on the lake's water quality. Tamarisk's long tap roots 
infiltrate deep water tables, exploiting up to 200 gallons of water per 
tree per day. Millions of acres of cheatgrass and beetle-killed trees 
stand ready to burn if sparked. In fact, the fire cycle in the Great 
Basin has shortened from 25-50 years to only 3-5 years as a direct 
result of the take-over of invasive weeds.
  These few examples underscore the need for this long overdue 
legislation. State and local agencies and organizations that fight 
invasive species need access to resources when a new threat is 
identified, not when funds are available based on bureaucratic budget 
cycle.
  The revolving loan program established with this bill will provide 
qualified organizations with the resources they need to tackle invasive 
species threats within 90 days. The Secretary of the Interior will 
ensure that these funds are being used for appropriate projects based 
on vetted review criteria.
  Bark beetles, quagga mussels, and Medusahead have no respect for 
budget cycles or State lines. Hence, I urge my colleagues to support 
this critical legislation. It is paramount if we want to protect our 
unique Western landscape.
  Mr. President, I ask unanimous consent that the text of the bill be 
printed in the Record.
  There being no objection, the text of the bill was ordered to be 
printed in the Record, as follows:

                                S. 3063

       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 ``Invasive Species Emergency 
     Response Fund Act''.

     SEC. 2. PURPOSES.

       The purpose of this Act is to encourage partnerships among 
     Federal and State agencies, Indian tribes, academic 
     institutions, and public and private stakeholders--
       (1) to prevent against the introduction and spread of 
     harmful invasive species;
       (2) to protect, enhance, restore, and manage a variety of 
     habitats for native plants, fish, and wildlife; and
       (3) to establish early detection and rapid response 
     capabilities to combat incipient harmful invasive species.

     SEC. 3. 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).

[[Page S1021]]

       (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 30 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 30 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.

[[Page S1022]]

       (ii) Repayment.--Subject to clause (iii), 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.
                                 ______