[House Report 107-512]
[From the U.S. Government Publishing Office]



107th Congress                                                   Report
                        HOUSE OF REPRESENTATIVES
 2d Session                                                     107-512

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



 
       SPECIES PROTECTION AND CONSERVATION OF THE ENVIRONMENT ACT

                                _______
                                

 June 18, 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. 3558]

      [Including cost estimate of the Congressional Budget Office]

  The Committee on Resources, to whom was referred the bill 
(H.R. 3558) to protect, conserve, and restore native fish, 
wildlife, and their natural habitats on Federal lands through 
cooperative, incentive-based grants to control, mitigate, and 
eradicate harmful nonnative species, and for other purposes, 
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. SHORT TITLE.

  This Act may be cited as the ``Species Protection and Conservation of 
the Environment Act''.

SEC. 2. PURPOSE.

  The purpose of this Act is to control harmful nonnative species on 
Federal lands.

SEC. 3. DEFINITIONS.

  For the purposes of this Act:
          (1) Appropriate committees.--The term ``appropriate 
        Committees'' means the Committee on Resources of the House of 
        Representatives and the Committee on Environment and Public 
        Works of the Senate.
          (2) Control.--The term ``control'' means, as appropriate, 
        eradicating, suppressing, reducing, or managing harmful 
        nonnative species populations, preventing the spread of harmful 
        nonnative species from areas where they are present, and taking 
        steps to restore native species and habitats to reduce the 
        effects of harmful nonnative species.
          (3) Council.--The term the ``Council'' means the National 
        Invasive Species Council created by Executive Order 13112 of 
        February 3, 1999.
          (4) Environmental soundness.--The term ``environmental 
        soundness'' means the extent of inclusion of methods, efforts, 
        actions, or programs to prevent or control infestations of 
        harmful nonnative species, that--
                  (A) minimize adverse impacts to the structure and 
                function of an ecosystem and adverse effects on 
                nontarget species and ecosystems; and
                  (B) emphasize integrated management techniques.
          (5) Federal lands.--The term ``Federal lands'' means all 
        lands and waters that are owned and administered by the 
        Department of the Interior or the National Forest Service or 
        are held in trust by the Federal Government for an Indian 
        tribe.
          (6) Harmful nonnative species.--The term ``harmful nonnative 
        species''--
                  (A) subject to subparagraphs (B) and (C), means, with 
                respect to a particular ecosystem in a particular 
                region, any species, including its seeds, eggs, spores, 
                or other biological material capable of propagating 
                that species, that is not native to that ecosystem and 
                has a demonstrable or potentially demonstrable negative 
                environmental or economic impact in that region;
                  (B) does not include any plant or plant product that 
                can directly or indirectly injure or cause damage to 
                crops (including nursery stock or plant products), 
                livestock, poultry, or other interests of agriculture; 
                and
                  (C) does not include non-feral livestock.
          (7) Indian tribe.--The term ``Indian tribe'' has the meaning 
        given that term in section 4 of the Indian Self-Determination 
        and Education Assistance Act (25 U.S.C. 450b).
          (8) National management plan.--The term ``National Management 
        Plan'' means the management plan referred to in section 5 of 
        Executive Order 13112 of February 3, 1999, and entitled 
        ``Meeting the Invasive Species Challenge''.
          (9) Secretary.--The term ``Secretary'' means the Secretary of 
        the Interior.
          (10) State.--The term ``State'' means each of the several 
        States of the United States, the District of Columbia, the 
        Commonwealth of Puerto Rico, the Virgin Islands, Guam, American 
        Samoa, the Commonwealth of the Northern Mariana Islands, any 
        other territory or possession of the United States, and any 
        Indian tribe.

SEC. 4. ALDO LEOPOLD NATIVE HERITAGE GRANT PROGRAM.

  (a) In General.--The Secretary may provide--
          (1) a grant to any eligible applicant to carry out a 
        qualified control project in accordance with this section; and
          (2) a grant to any State to carry out an assessment project 
        in accordance with this section to assess, consistent with 
        relevant State plans that have been developed in whole or in 
        part for the conservation of fish, wildlife, and their 
        habitats--
                  (A) the needs to restore, manage, or enhance native 
                fish or wildlife and their natural habitats and 
                processes in the State through control of harmful 
                nonnative species; and
                  (B) priorities for actions to address such needs.
Such program shall be known as the ``Aldo Leopold Native Heritage Grant 
Program''.
  (b) Functions of the Secretary.--
          (1) In general.--The Secretary shall--
                  (A) solicit, receive, review, evaluate, and approve 
                applications for grants under this section;
                  (B) consult with the Council on the projects proposed 
                for grants under this section, including regarding the 
                priority of proposed projects for such grants; and
                  (C) consult with the Council regarding the 
                development of the database required under subsection 
                (j).
          (2) Advice.--To obtain advice regarding proposed grants under 
        this section, including advice on the scientific merit, 
        technical merit, and feasibility of a proposed grant, the 
        Secretary shall consult with the advisory committee established 
        under section 3(b) of Executive Order 13112 of February 3, 
        1999.
          (3) Delegation of authority.--The Secretary may delegate to 
        another Federal instrumentality the authority of the Secretary 
        under this section, other than the authority to approve 
        applications for grants and make grants.
  (c) Functions of the Council.--The Council shall--
          (1) consult with the Secretary to create criteria and 
        guidelines for grants under this section;
          (2) consult with the Secretary regarding whether proposed 
        control projects are qualified control projects; and
          (3) carry out functions relating to monitoring control 
        projects under subsection (j).
  (d) Eligible Applicant.--To be an eligible applicant for purposes of 
subsection (a)(1), an applicant shall--
          (1) be a State, local government, interstate or regional 
        agency, or private person; and
          (2) have adequate personnel, funding, and authority to carry 
        out and monitor or maintain a control project.
  (e) Qualified Control Project.--
          (1) In general.--To be a qualified control project under this 
        section, a project shall--
                  (A) control harmful nonnative species on the lands or 
                waters on which it is conducted;
                  (B) include a plan for monitoring the project area 
                and maintaining effective control of harmful nonnative 
                species after the completion of the project, that is 
                consistent with standards for monitoring developed 
                under subsection (j);
                  (C) be conducted in partnership with a Federal 
                agency; and
                  (D) be conducted on non-Federal lands or waters that, 
                for purposes of carrying out the project, are under the 
                control of the eligible applicant applying for the 
                grant under this section and on adjacent Federal lands 
                or waters administered by the Federal agency referred 
                to in subparagraph (C), that are--
                          (i) administered for the long-term 
                        conservation of such lands and waters and the 
                        native fish and wildlife dependent thereon; and
                          (ii) managed to prevent the future 
                        reintroduction or dispersal of harmful 
                        nonnative species from the lands and waters on 
                        which the project is carried out.
          (2) Other factors for selection of projects.--In ranking 
        qualified control projects, the Secretary may consider the 
        following:
                  (A) The extent to which a project would address the 
                operational backlog of the National Wildlife Refuge 
                System attributed to nonnative species.
                  (B) Whether a project will encourage increased 
                coordination and cooperation among one or more Federal 
                agencies and State or local government agencies or 
                nongovernmental or other private entities to control 
                harmful nonnative species.
                  (C) Whether a project fosters public-private 
                partnerships and uses Federal resources to encourage 
                increased private sector involvement, including 
                consideration of the amount of private funds or in-kind 
                contributions to control harmful nonnative species.
                  (D) The extent to which a project would aid the 
                conservation of species that are listed under the 
                Endangered Species Act of 1973 (16 U.S.C. 1531 et 
                seq.).
                  (E) Whether a project includes pilot testing or a 
                demonstration of an innovative technology having the 
                potential for improved cost-effectiveness in 
                controlling harmful nonnative species.
  (f) Distribution of Control Grant Awards.--In making grants for 
control projects under this section the Secretary shall, to the 
greatest extent practicable, ensure--
          (1) a balance of smaller and larger projects conducted with 
        grants under this section; and
          (2) an equitable geographic distribution of projects carried 
        out with grants under this section, among all States within 
        which such projects are proposed to be conducted.
  (g) Grant Duration.--
          (1) In general.--Each grant under this section shall be to 
        provide funding for the Federal share of the cost of a project 
        carried out with the grant for up to 2 fiscal years.
          (2) Renewal.--(A) If the Secretary, after reviewing the 
        reports under subsection (h) regarding a control project, finds 
        that the project is making satisfactory progress, the Secretary 
        may renew a grant under this section for the project for an 
        additional 3 fiscal years.
          (B) The Secretary may renew a grant under this section to 
        implement the monitoring and maintenance plan required for a 
        control project under subsection (e)(1)(B) for up to 5 fiscal 
        years after the project is otherwise completed.
  (h) Reporting By Grantee.--
          (1) In general.--(A) A grantee carrying out a control project 
        with a grant under this section shall report annually to the 
        Secretary.
          (B) A State carrying out assessment project with a grant 
        under this section shall submit the assessment to the Secretary 
        no later than 24 months after the grant is awarded.
          (2) Report contents.--Each report under this subsection shall 
        include the following information with respect to each project 
        covered by the report:
                  (A) In the case of a control project--
                          (i) the information described in 
                        subparagraphs (B), (D), and (F) of subsection 
                        (k)(2); and
                          (ii) specific information on the methods and 
                        techniques used to control harmful nonnative 
                        species in the project area, including any 
                        specific information on the methods and 
                        techniques used to restore native fish, 
                        wildlife, or their habitats in the project 
                        area.
                  (B) A detailed report of the funding for the grant 
                and the expenditures made.
  (i) Cost sharing for projects.--
          (1) Federal share.--Except as provided in paragraphs (2) and 
        (3), the Federal share of the cost of a project carried out 
        with a grant under this section shall not exceed 75 percent of 
        such cost.
          (2) Innovative technology costs.--The Federal share of the 
        incremental additional cost of including in a control project 
        any pilot testing or a demonstration of an innovative 
        technology described in subsection (e)(2)(E) shall be 85 
        percent.
          (3) Projects on federal lands or waters.--The Federal share 
        of the cost of the portion of a control project funded with a 
        grant under this section that is carried out on Federal lands 
        or waters, including the cost of acquisition by the Federal 
        Government of inholdings within Federal lands or waters for use 
        for such a project, shall be 100 percent.
          (4) Application of in-kind contributions.--The Secretary may 
        apply to the non-Federal share of costs of a control project 
        carried out with a grant under this section the fair market 
        value of services or any other form of in-kind contribution to 
        the project made by non-Federal interests that the Secretary 
        determines to be an appropriate contribution equivalent to the 
        monetary amount required for the non-Federal share of the 
        activity.
          (5) Derivation of non-federal share.--The non-Federal share 
        of the cost of a control project carried out with a grant under 
        this section may not be derived from a Federal grant program or 
        other Federal funds.
  (j) Monitoring and Maintenance of Control Grant Projects.--
          (1) Requirements.--The Council, in consultation with the 
        Secretary, shall develop requirements for the monitoring and 
        maintenance of a control project to ensure that the 
        requirements under subsections (e)(1)(A) and (B) are achieved.
          (2) Database of grant project information.--The Council shall 
        develop and maintain an appropriate database of information 
        concerning control projects carried out with grants under this 
        subsection, including information on project techniques, 
        project completion, monitoring data, and other relevant 
        information.
          (3) Use of existing programs.--The Council shall use existing 
        programs within the Federal Government to create and maintain 
        the database required under this subsection.
          (4) Public availability.--The Council shall make the 
        information collected and maintained under this subsection 
        available to the public.
  (k) Reporting By Secretary.--
          (1) In general.--The Secretary shall, by not later than 2 
        years after the date of the enactment of this Act and every 2 
        years thereafter, report to the appropriate Committees on the 
        implementation of this section.
          (2) Report contents.--A report under paragraph (1) shall 
        include a biennial assessment of--
                  (A) trends in the population size and distribution of 
                harmful nonnative species in the project area for each 
                control project carried out with a grant under this 
                section, and in the adjacent areas as defined by the 
                Secretary;
                  (B) data on the number of acres of native fish and 
                wildlife habitat restored, protected, or enhanced under 
                this section, including descriptions of, and partners 
                involved with, control projects selected, in progress, 
                and completed under this section with respect to those 
                acres by Federal, State, and local agencies and other 
                entities;
                  (C) trends in the population size and distribution of 
                native species in the project areas, and in adjacent 
                areas as defined by the Secretary;
                  (D) an estimate of the long-term success of varying 
                conservation techniques used in carrying out control 
                projects with grants under this section;
                  (E) an annual assessment of the status of control 
                projects carried out with grants under this section, 
                including an accounting of expenditures by Federal, 
                State, regional, and local government agencies and 
                other entities to carry out such projects;
                  (F) a review of the environmental soundness of the 
                control projects carried out with grants under this 
                section;
                  (G) a review of efforts made to maintain an 
                appropriate database of grants under this section; and
                  (H) a review of the geographical distribution of 
                Federal money, matching funds, and in-kind 
                contributions for control projects carried out with 
                grants under this section.
  (l) Cooperation of Non-Federal Interests.--The Secretary may not make 
a grant under this section for a control project on Federal lands 
before a non-Federal interest has entered into a written agreement with 
the Secretary under which the non-Federal interest agrees to--
          (1) monitor and maintain the control project in accordance 
        with the plan required under subsection (e)(1)(B); and
          (2) provide any other items of cooperation the Secretary 
        considers necessary to carry out the project.

SEC. 5. CREATION OF A RAPID RESPONSE CAPABILITY TO HARMFUL NONNATIVE 
                    SPECIES.

  (a) Establishment.--The Secretary may provide financial assistance to 
enable a rapid response to outbreaks of harmful nonnative species that 
are at a stage at which rapid eradication or control is possible, and 
ensure eradication or immediate control of the harmful nonnative 
species.
  (b) Requirements for Assistance.--The Secretary shall provide 
assistance under this section, at the request of the Governor of a 
State, to local and State agencies or nongovernmental entities for the 
eradication of an immediate harmful nonnative species threat in the 
State only if--
          (1) there is a demonstrated need for the assistance;
          (2) the harmful nonnative species is considered to be an 
        immediate threat to native fish, wildlife, or their habitats, 
        as determined by the Secretary; and
          (3) the proposed response to such threat--
                  (A) is technically feasible; and
                  (B) minimizes adverse impacts to the structure and 
                function of an ecosystem and adverse effects on non-
                target species and ecosystems.
  (c) Amount of Financial Assistance.--The Secretary shall determine 
the amount of financial assistance to be provided under this section 
with respect to an outbreak of a harmful nonnative species, subject to 
the availability of appropriations.
  (d) Cost Share.--The Federal share of the cost of any activity 
carried out with assistance under this section may be up to 100 
percent.
  (e) Monitoring and Reporting.--The Secretary shall--
          (1) require that persons receiving assistance under this 
        section report on activities carried out with such assistance 
        in the same manner as control project grantees under section 4; 
        and
          (2) monitor and report on activities carried out with 
        assistance under this section in accordance with the 
        requirements that apply with respect to control projects 
        carried out with assistance under section 4.

SEC. 6. RELATIONSHIP TO OTHER AUTHORITIES.

  Nothing in this Act affects authorities, responsibilities, 
obligations, or powers of the Secretary under any other statute.

SEC. 7. AUTHORIZATION OF APPROPRIATIONS.

  (a) Aldo Leopold Native Heritage Program Grants.--There is authorized 
to be appropriated to the Secretary to carry out section 4 $62,000,000 
for each of fiscal years 2003 through 2008.
  (b) Rapid Response Assistance.--There is authorized to be 
appropriated to the Secretary to carry out section 5 $10,000,000 for 
each of fiscal years 2003 through 2008.
  (c) Monitoring.--There is authorized to be appropriated to the 
Secretary to support the Council in its acquisition, maintenance, and 
management of monitoring data on grant projects carried out under this 
Act, $3,000,000 for each of fiscal years 2003 through 2008.
  (d) Continuing Availability.--Amounts appropriated under this Act may 
remain available until expended.
  (e) Administrative Expenses of Secretary.--Of amounts available each 
fiscal year to carry out this Act, the Secretary may expend not more 
than 5 percent to pay the administrative expenses necessary to carry 
out this Act, including such expenses incurred by the Council.

  Amend the title so as to read:

      A bill to control harmful nonnative species on Federal 
lands, and for other purposes.

                          PURPOSE OF THE BILL

    The purpose of H.R. 3558, as ordered reported, is to 
control harmful nonnative species on federal lands, and for 
other purposes.

                  BACKGROUND AND NEED FOR LEGISLATION

    Nonnative species (those alien to the ecosystem) can cause 
economic or environmental harm or harm to human health. These 
species typically have high reproductive rates, disperse 
easily, can tolerate a wide range of environmental conditions, 
and lack predators in their new environments. Consequently, 
they may out-compete, displace, or directly prey upon native 
species.
    Most harmful nonnative species arrive in conjunction with 
human activity, especially transportation. Often species arrive 
as contaminants of bulk commodities, in packing materials, 
shipping containers, or ships' ballast. For example, 
microorganisms, zooplankton, fish species and algae capable of 
producing harmful algal blooms can be introduced from the 
ballast water carried by commercial vessels. While many 
invasive species have been introduced into the United States 
unintentionally, others have been brought in by design as 
crops, livestock, pets, or aquaculture species.
    The impacts of harmful nonnative species to the environment 
and United States economy are profound. Scientists estimate 
that invasive nonnative species have contributed to the 
placement of 35 to 46 percent of the plants and animals listed 
for special protection under the Endangered Species Act. 
Additionally, they affect people's livelihoods and place 
industries such as agriculture, ranching, and fisheries at 
significant risk. The overall economic impact is difficult to 
quantify, but according to a Cornell University study the 
estimated economic losses and associated control costs are 
approximately $137 billion per year.
    Thousands of harmful nonnative species have established 
populations in the United States, and almost every area of the 
country has at least one highly-damaging species. Many such 
species are found on public lands, including National Parks, 
National Forests and National Wildlife Refuges. Harmful 
nonnative species located at National Wildlife Refuges, for 
example, diminish habitat quality, supplant native species, and 
contribute approximately $140 million dollars to the Refuges' 
operations backlog. Though some control measures have been 
shown to be effective, those measures are generally resource-
intensive and very expensive. Rapid response initiatives have 
proven effective to contain or eradicate invasive pests 
affecting agricultural crops or livestock, but have only 
infrequently been used in natural communities. Early response 
activities are also generally less expensive than methods and 
techniques used to address established species.
    Much of the scientific literature to date concludes that 
the U.S. needs to strengthen its legal authorities and existing 
programs to effectively address harmful nonnative species. A 
1993 report by the Office of Technology Assessment, ``Harmful 
Non-indigenous Species in the United States,'' states that, 
``Federal laws leave both obvious and subtle gaps in the 
regulation of harmful NIS (invasive species).'' Additionally, 
the levels of funding available for combating harmful nonnative 
species are small compared to their environmental and economic 
impact and primarily focused on agriculture. According to a 
July 2001 Government Accounting Office report, rapid response 
capabilities are hindered by the lack of a national system and 
effective coordination.
    H.R. 3558 is intended to address this problem through 
increased coordination, rapid response capability and increased 
financial resources.

                            COMMITTEE ACTION

    H.R. 3558 was introduced on December 20, 2001, by 
Congressman Nick J. Rahall II (D-WV). The bill was referred to 
the Committee on Resources, and within the Committee to the 
Subcommittee on Fisheries Conservation, Oceans and Wildlife, 
the Subcommittee on Forests and Forest Health, and the 
Subcommittee on National Parks, Recreation and Public Lands. On 
March 14, 2002, the Subcommittees held a joint hearing on the 
bill. On April 17, 2002, the Subcommittee on Fisheries 
Conservation, Oceans and Wildlife met to mark up the bill. No 
amendments were offered and the bill was ordered favorably 
reported to the Full Committee by voice vote. On May 22, 2002, 
the Resources Committee met to consider the bill. The 
Subcommittee on Forests and Forest Health and the Subcommittee 
on National Parks, Recreation and Public Lands were discharged 
from further consideration of the bill by unanimous consent. 
Mr. Rahall offered an amendment in the nature of a substitute. 
The amendment authorizes grants for the control of harmful 
nonnative species and rapid response activities related to 
harmful nonnative species outbreaks. It was adopted by 
unanimous consent. The bill, as amended, was then ordered 
favorably reported to the House of Representatives by unanimous 
consent.

        SECTION-BY-SECTION ANALYSIS OF BILL AS ORDERED REPORTED

Section 1. Short title

    This section provides the bill's sort title, the ``Species 
Protection and Conservation of the Environment Act''.

Section 2. Purpose

    This section provides the purpose of the bill, which is to 
control harmful nonnative species on federal lands.

Section 3. Definitions

    This section specifies the meanings of terms used 
throughout the bill.
    When used in this bill, ``control'' means eradicating, 
suppressing, reducing or managing harmful nonnative species, 
preventing their spread and restoring native species and 
habitats on federal lands and waters and adjacent non-federal 
lands. It is intended that projects undertaken with Leopold 
Grants authorized under section 4 of the bill take into account 
all parts of thisdefinition and, as appropriate, include 
activities to prevent the movement of these species into or out of the 
project areas. Effective management of harmful nonnative species 
includes population control, prevention of reintroduction or dispersal 
of invasive species, and restoration of native habitats. These efforts 
should not infringe upon the use of property outside the project 
boundaries without the consent of the property owner.
    The definition of harmful nonnative species excludes any 
plant or plant product that can cause damage to crops (or other 
agricultural interests), and non-feral livestock. Other federal 
programs, particularly programs administered though the U.S. 
Department of Agriculture, are available to combat invasive 
species that threaten agricultural production. This bill is not 
intended to prevent, control, or modify the grazing of 
livestock on public land. The intent is to address those 
invasive species most directly associated with negative impacts 
affecting native fish and wildlife and their habitat.

Section 4. Aldo Leopold Native Heritage Grant Program

    This section establishes the Aldo Leopold Native Heritage 
Grant Program. This program provides grants for adequately 
staffed and funded States, local governments, interstate or 
regional agencies, or individuals to carry out voluntary 
harmful nonnative species control projects in collaboration 
with federal land managers. In addition, grants could be 
awarded to States to assess needs and priorities for 
controlling nonnative species. Projects are selected by the 
Secretary of the Interior in consultation with the Invasive 
Species Council and its Advisory Council (both established 
under Executive Order 13112).
    Qualified projects must control harmful nonnative species, 
include a post-project monitoring plan, be conducted in 
partnership with a federal agency, and be conducted on federal 
and adjacent non-federal lands that are both administered for 
long term conservation and managed to prevent future 
introductions of nonnative species. Ranking factors for 
selecting projects include whether the project addresses the 
operational backlog in the National Wildlife Refuge System; if 
the project has multiple cooperating stakeholders from various 
public and private institutions; if the project aids species 
listed under the Endangered Species Act; and if the project 
includes innovative technologies for controlling harmful 
nonnative species. The requirement that projects be carried out 
by partnerships among federal land managers and non-federal 
entities emphasizes the importance of interjurisdictional 
collaboration in controlling nonnative species. These 
partnerships recognize the ecological reality that harmful 
nonnative species infestations are not limited by political or 
other property boundaries.
    Leopold Grants provide two years of funding with a 
potential three year renewal for completion of project work. 
Following project completion, grant recipients are eligible to 
apply for funding to implement project monitoring requirements 
for up to five years. State assessment grants last two years 
and require the assessment be submitted to the Secretary of the 
Interior on completion. Grant recipients are to report annually 
on acres of habitat restored and to estimate the long-term 
success and review the environmental soundness of control 
techniques that were used.
    Project monitoring will be an important element of the 
Leopold Grant Program. The Invasive Species Council is required 
to establish monitoring requirements and to establish, 
coordinate and maintain a database for information concerning 
the control projects. Project monitoring is necessary to 
evaluate the effectiveness of employed control techniques. 
Grant recipients must submit a monitoring plan based on 
requirements established by the Invasive Species Council. In 
implementing this monitoring and maintenance plan, the 
Committee intends that monitoring occur for a period of time 
sufficient to determine the success of the project, and the 
control techniques that were used. Generally, this time period 
is anticipated to be at least ten years in duration. The 
grantee is required to enter into a written agreement with the 
Secretary agreeing to conduct monitoring and provide any other 
items of cooperation necessary to assure the project's 
feasibility. It is expected that grant recipients will assume 
the full cost for the long-term maintenance of the project 
area.
    This grant program funds 75 percent of the cost of 
qualified projects on non-federal land, and 100 percent of the 
cost of the project on federal land. The portion of projects on 
non-federal lands that are associated with innovative 
technology would receive 85 percent federal funding. The 
Secretary of the Interior is required to submit a biennial 
report to Congress on the grants' effect on the population 
trends of harmful nonnative and native species, the acres 
restored to native habitat, the population of native species in 
the project area, and other accounting data.

Section 5. Creation of a rapid response capability to harmful nonnative 
        species

    This section provides the Secretary of the Interior with 
authority to provide financial assistance to address new 
harmful nonnative species outbreaks. This assistance is 
provided to a State at request of the Governor if: (1) there is 
a demonstrated need; (2) the presence of the nonnative species 
is considered an immediate threat; and (3) the proposed 
response is feasible and minimizes adverse effects to the 
affected ecosystem. The Secretary determines the amount of 
financial assistance deemed appropriate and there are no cost-
sharing provisions. Reporting requirements of the Secretary and 
the grantee are similar to section 4 of the bill. Because of 
the importance of responding quickly to developing infestations 
of harmful nonnative species, it is expected that minimal 
administrative and bureaucratic impedances will hinder the 
rapid disbursement of these funds.

Section 6. Relationship to other authorities

    Nothing in this bill affects authorities, responsibilities, 
obligations, or powers of the Secretary of the Interior under 
any other statute.

Section 7. Authorizations of appropriations

    Aldo Leopold Native Heritage Grants are authorized at $62 
million per year for five years (fiscal years 2003 through 
2008). The rapid response capabilities are authorized $10 
million per year and the monitoring activities are authorized 
$3 million per year from fiscal year 2003 until fiscal year 
2008.

            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 is to protect, conserve, and restore 
native fish, wildlife, and their natural habitats on federal 
lands through the cooperative, incentive-based grants to 
control, mitigate and eradicate harmful nonnative species.
    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 31, 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. 3558, the Species 
Protection and Conservation of the Environment Act.
    If you wish further details on this estimate, we will be 
pleased to provide them. The CBO staff contact is Megan 
Carroll.
            Sincerely,
                                       Steven M. Lieberman,
                                    (For Dan L. Crippen, Director).
    Enclosure.

H.R. 3558--Species Protection and Conservation of the Environment Act

    Summary: H.R. 3558 would authorize the appropriation of $75 
million a year over the 2003-2008 period for new programs to 
control, mitigate, and eradicate harmful nonnative species on 
federal lands. CBO estimates that implementing the bill would 
cost $8 million in 2003 and $169 million over the 2003-2007 
period, assuming appropriation of the authorized amounts. H.R. 
3558 would not effect direct spending or receipts; therefore, 
pay-as-you-go procedures would not apply.
    H.R. 3558 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 state and local governments. Any costs incurred by 
these governments to comply with the conditions of this 
assistance would be voluntary.
    Estimated cost to the Federal Government: The estimated 
budgetary impact of H.R. 3558 is shown in the following table. 
The costs of this legislation fall within budget function 200 
(natural resources and environment).

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

Authorization level...........................................        75        75        75        75        75
Estimated outlays.............................................         8        19        31        48        63
----------------------------------------------------------------------------------------------------------------

    Basis of estimate: CBO estimates that implementing H.R. 
3558 would cost $8 million in 2003 and $169 million over the 
next five years, assuming appropriation of the authorized 
amounts. For this estimate, we assume H.R. 3558 will be enacted 
near the end of 2002, and that authorized amounts will be 
provided as specified by the bill. Estimates of outlays are 
based on information from the Department of the Interior and 
the National Invasive Species Council, as well as spending 
patterns for similar activities.
    H.R. 3558 would authorize the appropriation of $62 million 
a year over the 2003-2008 period for the Secretary of the 
Interior to provide grants to states, local governments, or 
other eligible applicants to assess the need for projects to 
restore fish and wildlife habitat and to implement such 
projects. CBO estimates that such grants would cost $3 million 
in 2003 and $124 million over the next five years.
    The bill would allow the Secretary to provide financial 
assistance to help state and local governments respond to 
outbreaks of harmful nonnative species and would authorize the 
appropriation of $10 million a year over the 2003-2008 period 
for that purpose. We estimate that the Secretary would spend $2 
million and $30 million over the 2003-2008 period for such 
assistance.
    Finally, H.R. 3558 would authorize the appropriation of $3 
million a year over the same period for the Secretary to 
monitor projects funded through grants and financial assistance 
under the bill. CBO estimates that these activities would cost 
$3 million in 2003 and $15 million over the next five years.
    Pay-as-you-go considerations: None.
    Intergovernmental and private-sector impact: H.R. 3558 
contains no intergovernmental or private-sector mandates as 
defined in UMRA and would impose no costs on state, local, or 
tribal governments. The grant funds authorized by this bill 
would benefit state and local governments. Any costs incurred 
by these governments to comply with the conditions of this 
assistance would be voluntary.
    Estimate prepared by: Federal costs: Megan Carroll; 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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