[House Report 107-442]
[From the U.S. Government Publishing Office]



107th Congress                                                   Report
                        HOUSE OF REPRESENTATIVES
 2d Session                                                     107-442

======================================================================



 
       CONTROL OR ERADICATION OF NUTRIA IN MARYLAND AND LOUISIANA

                                _______
                                

  May 7, 2002.--Committed to the Committee of the Whole House on the 
              State of the Union and ordered to be printed

                                _______
                                

  Mr. Hansen, from the Committee on Resources, submitted the following

                              R E P O R T

                        [To accompany H.R. 4044]

      [Including cost estimate of the Congressional Budget Office]

    The Committee on Resources, to whom was referred the bill 
(H.R. 4044) to authorize the Secretary of the Interior to 
provide assistance to the State of Maryland for implementation 
of a program to eradicate nutria and restore marshland damaged 
by nutria, having considered the same, report favorably thereon 
with amendments and recommend that the bill as amended do pass.
  The amendments are as follows:
  Strike all after the enacting clause and insert the 
following:

SECTION 1. FINDINGS AND PURPOSES.

  (a) Findings.--The Congress finds the following:
          (1) Wetlands and tidal marshes of the Chesapeake Bay and in 
        Louisiana provide significant cultural, economic, and 
        ecological benefits to the Nation.
          (2) The South American nutria (Myocastor coypus) is directly 
        contributing to substantial marsh loss in Maryland and 
        Louisiana on Federal, State, and private land.
          (3) Traditional harvest methods to control or eradicate 
        nutria have failed. Consequently, marsh loss is accelerating.
          (4) The nutria eradication and control pilot program 
        authorized by Public Law 105-322 is to develop new and 
        effective methods for eradication of nutria.
  (b) Purpose.--The purpose of this Act is to authorize the Secretary 
of the Interior to provide financial assistance to the State of 
Maryland and the State of Louisiana for a program to implement measures 
to eradicate or control nutria and restore marshland damaged by nutria.

SEC. 2. NUTRIA ERADICATION PROGRAM.

  (a) Grant Authority.--The Secretary of the Interior (in this section 
referred to as the ``Secretary''), subject to the availability of 
appropriations, may provide financial assistance to the State of 
Maryland and the State of Louisiana for a program to implement measures 
to eradicate or control nutria and restore marshland damaged by nutria.
  (b) Goals.--The goals of the program shall be to--
          (1) eradicate nutria in Maryland;
          (2) eradicate or control nutria in Louisiana and other 
        States; and
          (3) restore marshland damaged by nutria.
  (c) Activities.--In the State of Maryland, the Secretary shall 
require that the program 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.
  (d) Cost Sharing.--
          (1) Federal share.--The Federal share of the costs of the 
        program may not exceed 75 percent of the total costs of the 
        program.
          (2) In-kind contributions.--The non-Federal share of the 
        costs of the program may be provided in the form of in-kind 
        contributions of materials or services.
  (e) Limitation on Administrative Expenses.--Not more than 5 percent 
of financial assistance provided by the Secretary under this section 
may be used for administrative expenses.
  (f) Authorization of Appropriations.--For financial assistance under 
this section, there is authorized to be appropriated to the Secretary 
$4,000,000 for the State of Maryland program and $2,000,000 for the 
State of Louisiana program for each of fiscal years 2003, 2004, 2005, 
2006, and 2007.

SEC. 3. REPORT.

  No later than 6 months after the date of the enactment of this Act, 
the Secretary and the National Invasive Species Council shall give 
consideration to the 2002 report for the Louisiana Department of 
Wildlife and Fisheries titled ``Nutria in Louisiana'', and shall 
develop, in cooperation with the State of Louisiana Department of 
Wildlife and Fisheries, a long-term nutria control program with the 
objective to significantly reduce and restore the damage nutria cause 
to coastal wetlands in the State of Louisiana.

  Amend the title so as to read:

      A bill to authorize the Secretary of the Interior to 
provide assistance to the State of Maryland and the State of 
Louisiana for implementation of a program to eradicate or 
control nutria and restore marshland damaged by nutria.

                          PURPOSE OF THE BILL

    The purpose of H.R. 4044 as ordered reported is to 
authorize the Secretary of the Interior to provide assistance 
to the State of Maryland and the State of Louisiana for 
implementation of a program to eradicate or control nutria and 
restore marshland damaged by nutria.

                  BACKGROUND AND NEED FOR LEGISLATION

    Nutria are large semi-aquatic, surface feeding herbivores 
that are extremely destructive to marsh vegetation. Nutria are 
extremely prolific, producing two to three litters annually. On 
average, nutria have five young, but a female may have as many 
as 13 offspring per litter. Nutria weigh on average up to 18 
pounds which is 5 to10 times the size of native muskrats.
    This species was introduced in Maryland in the 1940s to 
assist the fur industry. There are currently between 50,000 to 
75,000 nutria living at the Blackwater National Wildlife Refuge 
in Cambridge, Maryland. The Blackwater National Wildlife Refuge 
was established under the authority of the Migratory Bird 
Conservation Commission on January 23, 1933, for the purpose of 
providing habitat for migrating and wintering birds. Since that 
time, the size of the Refuge has been expanded to over 23,700 
acres from funding obtained from the Endangered Species Act of 
1973, the North American Wetlands Conservation Act of 1989 and 
the Refuge Recreation Act of 1962.
    Nutria forage directly on the vegetative root mat, leaving 
the marsh pitted with digging sites and fragmented with deep 
swim canals. In the face of rising sea levels, nutria damage is 
particularly problematic because it accelerates the erosional 
processes associated with tidal currents and wave action. The 
cumulative result of an overabundance of nutria and rising sea 
level has been a rapid conversion of emergent marsh to open 
water. To compound this problem, there are no natural predators 
to control nutria and populations have exploded, causing 
significant impacts to native wildlife, fish, shellfish, plants 
and marsh ecosystems.
    According to the Blackwater Refuge Manager, at least 7,000 
out of the 17,000 total acres of refuge marsh have already been 
lost to nutria and the remaining acreage is at serious risk in 
the future. Trapping is conducted on the Refuge in an effort to 
control nutria populations. Trapping income from the refuge has 
been estimated to contribute approximately $30,000 to the local 
economy but overall the limited trapping program has not made a 
real impact on the population of nutria.
    Blackwater is one of nine national wildlife refuges on the 
low-lying Delmarva Peninsula, which is so named to represent 
the three states of Delaware, Maryland and Virginia, which 
share its 200-mile length. This finger of land lies on the 
track of the Eastern Flyway and its extensive marshes make it 
prime habitat for nesting and migrating birds. This Refuge is 
home to over 250 bird species including bald and golden eagles, 
Great blue herons, Northern loons, ospreys and thousands of 
geese and ducks. In fact, there are more than 20 different 
varieties of ducks including mallards, black ducks, blue-winged 
teals, green-winged teals, wood ducks, wigeons and pintails 
that spend the winter months at Blackwater.
    The Refuge also supports a number of mammal species 
including bats, sika and white-tailed deer, muskrats, otters, 
red foxes and the endangered Delmarva fox squirrel. This steel-
gray squirrel was listed as endangered by the U.S. Fish and 
Wildlife Service in 1967. The fundamental reason for this 
designation was the loss of habitat. While the Delmarva fox 
squirrel once ranged from southeastern Pennsylvania throughout 
the Delmarva Peninsula, today there are only four counties 
along the Maryland's Eastern Shore that support wild 
populations.
    Due to its abundant wildlife, the Refuge hosts over 500,000 
visitors annually. It is the largest tourist attraction in 
Dorchester County. The County's Department of Tourism estimates 
that Blackwater Refuge visitors annually spend $15 million in 
the county. This expenditure has a tremendous impact on local 
restaurants, hotels, retail merchants, and other businesses. An 
irreplaceable component of the Refuge are the thousands of 
acres of wetlands which are the essential habitat for migrating 
birds. These wetlands are in serious jeopardy because of the 
increasing population of nutria.
    During the 105th Congress, legislation sponsored by 
Congressman Wayne T. Gilchrest was enacted to establish the 
Maryland Nutria Control Pilot Project to address the serious 
problems of an exploding population of nutria. Under Public Law 
105-322, $2.9 million was authorized over three years to help 
alleviate this invasive problem. To date, Congress has 
appropriated about $1.5 million to study the impact of nutria 
on wetland habitats, the reproductive capacity of this species, 
methods to restore wetlands and methods to eradicate nutria 
populations along Maryland's Eastern Shore.
    While the long-term goal of the project is to eradicate 
nutria in Maryland, the authorization of appropriations for 
Public Law 105-322 expires on September 30, 2002. In addition, 
the U.S. Army Corps of Engineers has calculated that it will 
costs about $30,000 per acre to restore wetlands at the 
Blackwater National Wildlife Refuge. There is an immediate need 
to eradicate nutria and to restore wetlands that have been 
destroyed by this invasive species.
    This legislation would extend this act for five years with 
an annual authorization of $6 million per year, with $4 million 
for the State of Maryland and $2 million for Louisiana. The 
State of Louisiana has done an effective job for a number of 
years in stopping the expansion of wetland destruction by 
nutria and this new authorization will allow the State to 
conduct aerial vegetation surveys, to provide additional 
incentive payments for a more aggressive nutria control program 
and to continue efforts to develop effective means to restore 
wetlands subject to nutria damage. The Committee expects the 
Secretary of the Interior and the National Invasive Species 
Council to support efforts of the Louisiana Department of 
Wildlife and Fisheries to control and restore nutria damage.
    After three years of study and analysis, it is time to 
begin the difficult job of eradicating and restoring marshland 
destroyed by nutria. Specifically, the goals of this measure 
are to remove nutria from the Blackwater National Wildlife 
Refuge, the Fishing Bay Wildlife Management Area and Tudor 
Farms in Maryland, eradicate or control nutria in Louisiana and 
other states and restore marshland damaged by these animals. 
The federal share of this program will remain at not more than 
75 percent and administrative expenses are capped at five 
percent.

                            COMMITTEE ACTION

    H.R. 4044 was introduced by Congressman Wayne T. Gilchrest 
(R-MD) on March 20, 2002. The bill was referred to the 
Committee on Resources, and within the Committee to the 
Subcommittee on Fisheries Conservation, Wildlife and Oceans. On 
April 11, 2002, the Subcommittee held a hearing on the bill. On 
April 17, 2002, the Subcommittee met to mark up the bill. 
Congressman Gilchrest offered an amendment that changed the 
limitation on administrative expenses from ten to five percent. 
It was adopted by voice vote. The bill, as amended, was then 
ordered favorably reported to the Full Committee by voice vote. 
On April 24, 2002, the Full Resources Committee met to consider 
the bill. Congressman W.J. ``Billy'' Tauzin (R-LA) offered an 
amendment in the nature of a substitute that authorized up to 
$2 million each year until September 30, 2007, to control the 
ever-increasing population of nutria and to restore the damaged 
caused to coastal wetlands in the State of Louisiana. The 
amendment was adopted by unanimous consent. The bill as amended 
was then ordered favorably reported to the House of 
Representatives by unanimous consent.

            COMMITTEE OVERSIGHT FINDINGS AND RECOMMENDATIONS

    Regarding clause 2(b)(1) of rule X and clause 3(c)(1) of 
rule XIII of the Rules of the House of Representatives, the 
Committee on Resources' oversight findings and recommendations 
are reflected in the body of this report.

                   CONSTITUTIONAL AUTHORITY STATEMENT

    Article I, section 8 of the Constitution of the United 
States grants Congress the authority to enact this bill.

                    COMPLIANCE WITH HOUSE RULE XIII

    1. Cost of Legislation. Clause 3(d)(2) of rule XIII of the 
Rules of the House of Representatives requires an estimate and 
a comparison by the Committee of the costs which would be 
incurred in carrying out this bill. However, clause 3(d)(3)(B) 
of that rule provides that this requirement does not apply when 
the Committee has included in its report a timely submitted 
cost estimate of the bill prepared by the Director of the 
Congressional Budget Office under section 402 of the 
Congressional Budget Act of 1974.
    2. Congressional Budget Act. As required by clause 3(c)(2) 
of rule XIII of the Rules of the House of Representatives and 
section 308(a) of the Congressional Budget Act of 1974, this 
bill does not contain any new budget authority, spending 
authority, credit authority, or an increase or decrease in 
revenues or tax expenditures.
    3. General Performance Goals and Objectives. As required by 
clause 3(c)(4) of rule XIII, the general performance goal or 
objective of this bill as ordered reported is to authorize the 
Secretary of the Interior to provide assistance to the State of 
Maryland and the State of Louisiana for implementation of a 
program to eradicate or control nutria and restore marshland 
damaged by nutria.
    4. Congressional Budget Office Cost Estimate. Under clause 
3(c)(3) of rule XIII of the Rules of the House of 
Representatives and section 403 of the Congressional Budget Act 
of 1974, the Committee has received the following cost estimate 
for this bill from the Director of the Congressional Budget 
Office:

                                     U.S. Congress,
                               Congressional Budget Office,
                                       Washington, DC, May 3, 2002.
Hon. James V. Hansen,
Chairman, Committee on Resources,
House of Representatives, Washington, DC.
    Dear Mr. Chairman: The Congressional Budget Office has 
prepared the enclosed cost estimate for H.R. 4044, a bill to 
authorize the Secretary of the Interior to provide assistance 
to the state of Maryland and the state of Louisiana for 
implementation of a program to eradicate or control nutria and 
restore marshland damaged by nutria.
    If you wish further details on this estimate, we will be 
pleased to provide them. The CBO staff contact is Deborah Reis.
            Sincerely,
                                          Barry B. Anderson
                                    (For Dan L. Crippen, Director).
    Enclosure.

H.R. 4044--A bill to authorize the Secretary of the Interior to provide 
        assistance to the state of Maryland and the state of Louisiana 
        for implementation of a program to eradicate or control nutria 
        and restore marshland damaged by nutria

    Summary: H.R. 4044 would authorize the Secretary of the 
Interior to provide financial assistance to Maryland and 
Louisiana for the control or eradication of South American 
nutria (a foreign invasive species) and for the restoration of 
marshlands damaged by the mammal. For this purpose, the bill 
would authorize the appropriate of $6 million for each of 
fiscal years 2003 through 2007. The bill also would require the 
Secretary (acting through the U.S. Fish and Wildlife Service 
(USFWS), to develop a long-term nutria control program for 
Louisiana.
    Assuming appropriation of the authorized amounts, CBO 
estimates that implementing H.R. 4044 would cost $30 million 
over the 2003-2007 period. The legislation would not affect 
direct spending or receipts; therefore, pay-as-you-go 
procedures would not apply.
    H.R. 4044 contains no intergovernmental or private-sector 
mandates as defined in the Unfunded Mandates Reform Act (UMRA) 
and would impose no costs on state, local, or tribal 
governments. The grant funds authorized by this bill would 
benefit the states of Maryland and Louisiana, and any costs 
incurred by those states to comply with the conditions of that 
assistance would be voluntary.
    Estimated cost of the Federal Government: The estimated 
budgetary impact of H.R. 4044 is shown in the following table. 
The costs of this legislation fall within budget function 300 
(natural resources and environment).

----------------------------------------------------------------------------------------------------------------
                                                                    By fiscal year, in millions of dollars--
                                                               -------------------------------------------------
                                                                  2003      2004      2005      2006      2007
----------------------------------------------------------------------------------------------------------------
                                        SPENDING SUBJECT TO APPROPRIATION

Authorization level...........................................         6         6         6         6         6
Estimated outlays.............................................         6         6         6         6         6
----------------------------------------------------------------------------------------------------------------

    Basis of estimate: For the estimate, CBO assumes that the 
amounts authorized by H.R. 4044 will be appropriated for each 
fiscal year and will be paid to the two states in annual lump 
sums. The annual authorization level consists of $4 million for 
Maryland and $2 million for Louisiana. CBO estimates that 
developing the long-term nutria program for Louisiana required 
by section 3 of the bill would have no significant effect on 
USFWS spending.
    Pay-as-you-go considerations: None.
    Intergovernmental and private-sector impact: H.R. 4044 
contains no intergovernmental or private-sector mandates as 
defined in UMRA and would impose no costs on state, local, or 
tribal governments. The grants funds authorized by this bill 
would benefit the states of Maryland and Louisiana, and any 
costs incurred by those states to comply with the conditions of 
that assistance would be voluntary.
    Estimate prepared by: Federal costs: Deborah Reis; impact 
on state, local, and tribal governments: Marjorie Miller; 
impact on the private sector: Cecil McPherson.
    Estimate approved by: Peter H. Fontaine, Deputy Assistant 
Director for Budget Analysis.

                    COMPLIANCE WITH PUBLIC LAW 104-4

    This bill contains no unfunded mandates.

                PREEMPTION OF STATE, LOCAL OR TRIBAL LAW

    This bill is not intended to preempt any state, local or 
tribal law.

                        CHANGES IN EXISTING LAW

    If enacted, this bill would make no changes in existing 
law.

                                
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