[Senate Report 111-182]
[From the U.S. Government Publishing Office]


                                                        Calendar No. 36
111th Congress                                         
                                 SENATE                 Report

 2d Session                                             111-182               
======================================================================
 
             THE NUTRIA ERADICATION AND CONTROL ACT OF 2009

                                _______
                                

                  May 5, 2010.--Ordered to be printed

                                _______
                                

    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).

----------------------------------------------------------------------------------------------------------------
                                                               By fiscal year, in millions of dollars--
                                                    ------------------------------------------------------------
                                                       2010      2011      2012      2013      2014    2010-2014
----------------------------------------------------------------------------------------------------------------
                                  CHANGES IN SPENDING SUBJECT TO APPROPRIATION

Authorization Level................................        12        12        12        12        12         60
Estimated Outlays..................................        12        12        12        12        12         60
----------------------------------------------------------------------------------------------------------------

    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.

                                  
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