[Senate Report 111-182]
[From the U.S. Government Publishing Office]
Calendar No. 36
111th Congress
SENATE Report
2d Session 111-182
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THE NUTRIA ERADICATION AND CONTROL ACT OF 2009
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May 5, 2010.--Ordered to be printed
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Mrs. Boxer, from the Committee on Environment and Public Works,
submitted the following
R E P O R T
[To accompany S. 1519]
[Including cost estimate of the Congressional Budget Office]
The Committee on Environment and Public Works, to which was
referred a bill (S. 1519) to provide for the eradication and
control of nutria in Maryland, Louisiana and other coastal
States, having considered the same, reports favorably thereon
without amendment and recommends that the bill do pass.
GENERAL STATEMENT AND BACKGROUND
Nutria are large (average 12 pounds), semi-aquatic rodents
with a strong appetite and high reproductive potential. Nutria
can consume up to 25 percent of their body weight in plants per
day. Nutria feeding habits can be extremely destructive to
marsh vegetation, as the animal forages directly on plant
roots. This process can turn productive wetlands into barren
mud flats. Since their introduction in the 1930's to bolster
the fur trade, nutria have damaged millions of acres of
wetlands and countless miles of shoreline and have earned a
spot among the International Union for Conservation of Nature's
(IUCN) list of the world's 100 worst invasive alien species.
The damage caused by nutria threaten wetlands, native
wildlife and crops. Nutria impacts have both ecological and
economic costs. For example, in Maryland, economic costs are
estimated to be $4 million per year. Other impacts include:
Wetlands--At high densities, nutria are able to
convert marshland to open water by feeding on native plants in
coastal marshes.
Wildlife--Habitat destruction associated with
nutria threatens waterfowl, muskrats, and rare marshland
species of bird, fish and invertebrates. In marsh areas, nutria
also compete with native and migrating wildlife for food
resources.
Crops--Extensive damage from nutria has been
reported in rice, soybean, and sugar cane fields both from
direct predation and indirect means. For example, extensive
damage can be done to the levees surrounding rice plantation
ponds as a result of the nutria's burrow digging.
Parasites and diseases--Louisiana nutria have been
found to carry several diseases, viruses, and parasites. Most
notably, they carry the nematode Strongyloides myopotami, which
can cause a severe itching rash in humans.
A 2000 USGS report, indicated nutria have established
viable populations in 15 states. Significant wetland
destruction has been documented in Maryland, Virginia,
Louisiana, and Oregon. Some research suggests that the highest
densities of nutria in the world are in the Pacific Northwest
in Oregon's freshwater marshes.
Nutria Eradication and Control Act
The Nutria Eradication and Control Act of 2003 was passed
in 2003 and signed by then-President George W. Bush, becoming
Public Law 108-16. It authorized an annual appropriation of $4
million for Maryland and $2 million for Louisiana for each of
the fiscal years 2004 through 2008. The Act encourages habitat
protection, education, research, monitoring, and capacity
building to provide for the long-term protection of coastal
wetlands from destruction caused by nutria.
Since 2000, funding has been provided through the Fish and
Wildlife Service (FWS) to the Maryland Nutria Project. This
effort has eradicated nutria from over 150,000 acres of the
approximately 400,000 acres of infested wetland habitat in the
state. The success in Maryland's program has also informed
efforts in Louisiana. Entitled the Coastwide Nutria Control
Program, Louisiana's nutria eradication program provides
incentives for the trapping of nutria. The program is funded by
the Coastal Wetlands Planning, Protection and Restoration Act
(CWPPRA) through the USDA Natural Resources Conservation
Service and the Louisiana Department of Natural Resources.
The Nutria Eradication and Control Act builds on the
successful efforts of Maryland and Louisiana. In addition to
Maryland and Louisiana, the Act would enable the FWS to provide
assistance to Delaware, Oregon, Virginia, and Washington.
OBJECTIVES OF THE LEGISLATION
This bill would reauthorize the Nutria Eradication and
Control Act of 2003 and extend the program to the states of
Delaware, Oregon, Washington, and the Commonwealth of Virginia.
The program would provide assistance to eradicate and control
nutria populations and restore nutria-damaged wetland.
SECTION-BY-SECTION ANALYSIS
Section 1. Short title
Section 1 provides that this bill may be cited as the
``Nutria Eradication and Control Act of 2009.''
Section 2. Findings and purpose
Section 2 provides the general purpose of the bill, along
with several findings which: Recognize the economic and
environmental importance of wetland and tidal marshes in the
Chesapeake Bay, State of Louisiana, and other coastal states;
recognize that the South American nutria (Myocastor coypus) is
directly contributing to substantial marsh losses on land in
the States of Maryland and Louisiana, and other coastal states;
acknowledges that the Nutria Eradication and Control Act of
2003 (Public Law 108-16; 117 Stat. 621) has eradicated and
reduced nutria-impacted wetlands acres in the States of
Maryland and Louisiana; acknowledges that proven techniques
developed under the Nutria Eradication and Control Act of 2003
are eradicating and reducing the acres of nutria-impacted
wetlands in Maryland and Louisiana and should be applied to
nutria eradication or control programs in other nutria-infested
coastal States.
Section 3. Definitions
Section 3 provides definitions for several terms used
throughout the bill.
Section 4. Nutria Eradication Program
Section 4 authorizes the Secretary of the Interior
(Secretary), subject to the availability of appropriations, to
provide financial assistance to the States of Maryland,
Louisiana, and the coastal States to eradicate or control
nutria. Requires that costs shall be matched by non-federal and
in kind contributions.
Section 5. Report
Section 5 requires the Secretary and the National Invasive
Species Council to issue a report that develops a long-term
nutria control or eradication program in coordination with the
State of Louisiana Department of Wildlife and Fisheries, the
State of Maryland Department of Natural Resources, the State of
Delaware Department of Natural Resources and Environmental
Control, the Commonwealth of Virginia Department of Game and
Inland Fisheries, the State of Oregon Department of Fish and
Wildlife, and the State of Washington Department of Fish and
Wildlife.
Section 6. Authorization of appropriations
Section 6 authorizes $4,000,000 in Maryland and Louisiana,
for each of the fiscal years 2010 through 2014, and $1,000,000
for each of the other named coastal States.
LEGISLATIVE HISTORY
Similar legislation was introduced in the 110th Congress.
In the 111th Congress, on July 23, 2009, Senator Cardin
introduced S. 1519, which was cosponsored by Senators Vitter,
Landrieu, Mikulski and Merkley. The bill was received, read
twice and referred to the Senate Committee on Environment and
Public Works. The full committee met on December 10, 2009 to
consider the bill, and ordered S. 1519 to be reported favorably
without amendment.
HEARINGS
The Senate Committee Environment and Public Works,
Subcommittee on Water and Wildlife, held a legislative hearing
on December 3, 2009 to consider a number of wildlife bills
including S. 1519, the Nutria Eradication and Control Act. At
the hearing, U.S. Fish and Wildlife Service Deputy Director Dan
Ashe testified that the Administration supports the
legislation. Other witnesses, including Edmond Mouton, the
biologist program manager for coastal and nongame resources at
the Louisiana Department of Wildlife & Fisheries, Eric Schwaab,
Deputy Secretary of Maryland's Department of Natural Resources,
and Robert L. Bendick, Director of Government Relations for the
Nature Conservancy, testified in support of the legislation.
ROLLCALL VOTES
The Committee on Environment and Public Works met to
consider S. 1519 on December 10, 2009. The bill was ordered
favorably reported by voice vote.
REGULATORY IMPACT STATEMENT
In compliance with section 11(b) of rule XXVI of the
Standing Rules of the Senate, the committee finds that S. 1519
does not create any additional regulatory burdens, nor will it
cause any adverse impact on the personal privacy of
individuals.
MANDATES ASSESSMENT
In compliance with the Unfunded Mandates Reform Act of 1995
(Public Law 104-4), the committee notes that the CBO cost
estimate found that, ``S. 1519 contains no intergovernmental or
private-sector mandates as defined in UMRA and would impose no
costs on state, local, or tribal governments.''
CONGRESSIONAL BUDGET OFFICE COST ESTIMATE
December 24, 2009.
Hon. Barbara Boxer,
Chairman, Committee on Environment and Public Works,
U.S. Senate, Washington, DC.
Dear Madam Chairman: The Congressional Budget Office has
prepared the enclosed cost estimate for S. 1519, the Nutria
Eradication and Control Act of 2009.
If you wish further details on this estimate, we will be
pleased to provide them. The CBO staff contact is Matthew
Pickford.
Sincerely,
Douglas W. Elmendorf.
Enclosure.
S. 1519, Nutria Eradication and Control Act of 2009
Summary: S. 1519 would authorize the Secretary of the
Interior to provide financial assistance to Maryland,
Louisiana, and certain other coastal states for the control or
eradication of South American nutria (a foreign invasive
species) and for the restoration of marshlands damaged by the
mammal. For those purposes, the bill would authorize the
appropriation of $12 million annually for each of fiscal years
2010 through 2014.
Assuming appropriation of the authorized amounts, CBO
estimates that implementing S. 1519 would cost $60 million over
the 2010-2014 period. The legislation would not affect direct
spending or revenues.
S. 1519 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.
Estimated cost to the Federal Government: The estimated
budgetary impact of S. 1519 is shown in the following table.
The costs of this legislation fall within budget function 300
(natural resources and environment).
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By fiscal year, in millions of dollars--
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2010 2011 2012 2013 2014 2010-2014
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CHANGES IN SPENDING SUBJECT TO APPROPRIATION
Authorization Level................................ 12 12 12 12 12 60
Estimated Outlays.................................. 12 12 12 12 12 60
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Basis for the estimate: For this estimate, CBO assumes that
S. 1519 will be enacted by the middle of fiscal year 2010, that
the amounts authorized will be appropriated for each fiscal
year, and that funds will be provided to the states in annual
lump sums. The authorization level consists of $4 million
annually for Maryland, $4 million annually for Louisiana, as
well as $1 million annually for each of the states of Delaware,
Oregon, Virginia, and Washington.
Intergovernmental and private-sector impact: S. 1519
contains no intergovernmental or private-sector mandates as
defined in UMRA and would impose no costs on state, local, or
tribal governments. Several states would benefit from the
program authorized in the bill. Any costs to those states would
be incurred voluntarily as a condition of receiving federal
assistance.
Estimate prepared by: Federal costs: Matthew Pickford,
Impact on state, local, and tribal governments: Melissa
Merrell. Impact on the private sector: Amy Petz.
Estimate approved by: Theresa Gullo, Deputy Assistant
Director for Budget Analysis.
CHANGES IN EXISTING LAW
Section 12 of rule XXVI of the Standing Rules of the Senate
requires the committee to publish changes in existing law made
by the bill as reported. Passage of this bill will make no
changes to existing law.