[Senate Report 116-18]
[From the U.S. Government Publishing Office]


                                                       Calendar No. 20
116th Congress     }                                     {      Report
                                 SENATE
 1st Session       }                                     {      116-18

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



 
              WILDLIFE INNOVATION AND LONGEVITY DRIVER ACT

                                _______
                                

                 March 26, 2019.--Ordered to be printed

                                _______
                                

   Mr. Barrasso, from the Committee on Environment and Public Works, 
                        submitted the following

                              R E P O R T

                         [To accompany S. 268]

      [Including cost estimate of the Congressional Budget Office]

    The Committee on Environment and Public Works, to which was 
referred the bill (S. 268) to reauthorize the Partners for Fish 
and Wildlife Program and certain wildlife conservation funds, 
to establish prize competitions relating to the prevention of 
wildlife poaching and trafficking, wildlife conservation, the 
management of invasive species, and the protection of 
endangered species, to amend the Marine Turtle Conservation Act 
of 2004 to modify the protections provided by that Act, and for 
other purposes, having considered the same, reports favorably 
thereon without amendment and recommends that the bill do pass.

                    General Statement and Background

    States and localities throughout the United States, and 
nations around the world, grapple with wildlife conservation 
and management challenges, including those posed by invasive 
species, wildlife poaching, and illegal trafficking.
    An ``invasive species'' has been defined under Executive 
Order 13112 as an alien species whose introduction does or is 
likely to cause economic or environmental harm or harm to human 
health.'' Roughly, 50,000 non-native species have been 
introduced to the United States with an annual economic cost 
estimated at more than $120 billion, according to the 
Congressional Research Service (CRS).\1\
---------------------------------------------------------------------------
    \1\Congressional Research Service Report, Invasive Species: Major 
Laws and the Role of Selected Federal AGencies, Summary (January 17, 
2017).
---------------------------------------------------------------------------
    CRS further reports that U.S. agricultural crop and 
livestock production suffers the largest damage, amounting to 
$65 billion annually. In an effort to prevent, control, and 
eradicate invasive species domestically, the U.S. government 
spent an estimated $2.3 billion across a variety of federal 
agencies and activities in fiscal year 2016. These efforts 
consist of, but are not limited to, species prevention, control 
and management, outreach, research, early detection, and 
habitat restoration.
    During the March 15, 2017 hearing before the Committee 
entitled ``Examining Innovative Solutions to Control Invasive 
Species and Promote Wildlife Conservation,'' Dr. Jamie K. 
Reaser, Executive Director of the National Invasive Species 
Council Secretariat at the U.S. Department of the Interior, 
testified that invasive species play a role in at least 42 
percent of listings of species under the Endangered Species 
Act.
    Poaching presents another concerning wildlife management 
issue. In the United States, poaching takes place across the 
country and includes the illegal taking of black bears for 
their gallbladders, hides and paws, selling Bighorn Sheep 
antlers, shark finning off the coast of California, and deer 
poaching out of hunting season.
    Internationally, poaching is an even more prominent issue 
due to high-profile species such as rhinos and elephants. In 
2017, poachers broke into a zoo in France and killed a white 
rhino in order to saw off its horn. And in Kenya, a 50-year-old 
elephant was illegally killed by a poisoned arrow for his tusks 
worth $130,000.
    The U.S. government estimates that the illegal trade in 
endangered wildlife products is worth at least an estimated $7 
billion and tends to disproportionately impact the developing 
world. Many of these foreign countries possess valuable natural 
resources but do not have the means to manage such resources. 
The proliferation of invasive species has also been associated 
with the illegal wildlife trade.
    S. 268 promotes better wildlife conservation and 
management, including by addressing invasive species, wildlife 
poaching, and illegal trafficking. The legislation incorporates 
various, innovative solutions to wildlife conservation and 
management challenges faced by states and localities throughout 
the United States, and nations around the world.

Partners for Fish and Wildlife Program

    The Partners for Fish and Wildlife Act authorizes the 
Secretary of the Interior to provide technical and financial 
assistance to private landowners to restore, enhance, and 
manage private land to improve fish and wildlife habitats 
through the Partners for Fish and Wildlife Program. This is 
achieved by connecting community-based biologists with 
landowners to plan, implement, and monitor fish and wildlife 
conservation projects on private land.
    During the March 15, 2017 hearing before the Committee 
entitled ``Examining Innovative Solutions to Control Invasive 
Species and Promote Wildlife Conservation,'' Fish and Wildlife 
Service Acting Director Jim Kurth testified that the Partners 
for Fish and Wildlife Program ``is one of the most effective 
programs'' that the Fish and Wildlife Service administers. 
Director Kurth stated that 50,000 landowners, whose properties 
comprise tens of millions of acres of private lands, have 
worked through the program since its inception to improve 
habitat, benefitting hundreds of species. In addition, Brian 
Nesvik, Chief Game Warden for the Wyoming Game and Fish 
Department, testified that landowners are incentivized to 
participate in this program because it is voluntary, it has a 
matching requirement, it provides flexibility, and it focuses 
on partnership.
    During the November 15, 2018, hearing before the Committee 
entitled, ``Examining Funding Needs for Wildlife Conservation, 
Recovery, and Management,'' Michael McShane, an At-large Board 
Member with Ducks Unlimited, stated that his organization 
strongly supported the reauthorization of the program. Further, 
John Kennedy, Deputy Director of the Wyoming Game and Fish 
Department, testified to the critical nature of partnerships 
with private landowners when it comes to on-the-ground 
conservation, recovery, and management success through programs 
like the Partners for Fish and Wildlife Program.
    In 1987, the Partners for Fish and Wildlife Program was 
established. In 2006, Congress reauthorized the program for 
five years at no more than $75 million annually when it passed 
the Partners for Fish and Wildlife Act (P.L. 109-294). Congress 
has appropriated approximately $50 million per year for the 
program. The program's authorization expired in 2011.

Fish and Wildlife Coordination

    Invasive species pose an ongoing and significant challenge 
to wildlife managers throughout the United States. On February 
3, 1999, President Clinton issued Executive Order 13112 
requiring executive agencies to take actions to prevent both 
the introduction and spread of invasive species, as well as to 
eradicate and control those already established. On December 5, 
2016, President Obama issued Executive Order 13751 requiring 
the federal government to continue coordinated efforts to 
control invasive species. Federal agency coordination can be 
further improved by requiring those agencies to implement 
strategic invasive species programs, prioritizing the least-
costly of effective methods for controlling and managing 
invasive species, and ensuring most funding is directed towards 
on-the-ground control and management of invasive species.

Multinational Species Conservation Funds

    The Multinational Species Conservation Funds are federal 
programs administered by the Fish and Wildlife Service that 
make targeted investments in conservation of several global 
priority species. The first fund, for African elephants, was 
authorized by Congress in 1988 to address rampant ivory 
poaching. Since that time, four more funds have been authorized 
to help protect Asian elephants, great apes, marine turtles, 
tigers and rhinos. Since 1988, these programs have awarded over 
2,300 grants, targeting key regions to ensure the protection of 
these animals, but the authorizations for these programs have 
expired.

Prize competitions

    Those dedicated to improving wildlife management and 
enforcing related laws are employing a diverse array of 
cutting-edge technologies.
    Innovative methods have been developed for fighting 
invasive species both on land and at sea. For example, 
technology allows the selective identification and capture of 
non-native fish, such as the lionfish, through software 
recognition. In addition, genetics are being used to thwart the 
spread of invasive organisms, while DNA technologies are giving 
wildlife managers the ability to monitor the progress of 
specific invasive species with unprecedented precision. These 
innovations are constantly evolving and improving.
    Drones are being developed and deployed to fight poaching 
in the United States and abroad, DNA analysis is allowing 
authorities to identify the origins of confiscated illicit 
ivory supplies, and thermal imaging is permitting law 
enforcement to detect the entry of poachers into protected 
areas. Even common-place technologies such as cellphones are 
being used in imaginative ways, such as outfitting recycled 
units with solar panels and antennas to transmit sounds of 
prohibited activities to proper authorities. This technology is 
expected to lead to more rapid responses to criminal activity 
and greater apprehension rates.
    Section 105 of the America COMPETES Reauthorization Act 
(P.L. 111-358) amended the Wydler Technology Innovation Act of 
1980 by giving federal agencies the authority to conduct prize 
competitions in order to spur innovation and advance their core 
missions. The mission of the Department of the Interior 
includes ``protect[ing] and manag[ing] the Nation's natural 
resources and cultural heritage . . . .''
    During the March 15, 2017 hearing before the Committee 
entitled ``Examining Innovative Solutions to Control Invasive 
Species and Promote Wildlife Conservation,'' Carter Roberts, 
President and CEO of the World Wildlife Fund testified that 
prize competitions are extremely helpful in leading to 
important technological breakthroughs that improve wildlife 
conservation and management.

                     Objectives of the Legislation

    The objectives of S. 268 are to promote wildlife 
conservation, assist in the management of invasive species, and 
help protect endangered species.

                      Section-by-Section Analysis


Section 1. Short title

    This section states that this Act may be cited as the 
``Wildlife Innovation and Longevity Driver Act'' or the ``WILD 
Act''.

Section 2. Wildlife habitat and conservation

    Subsection (a) reauthorizes the Partners for Fish and 
Wildlife Program at the current statutory level of not more 
than $75 million for each of fiscal years 2019 through 2023.
    Subsection (b) amends the Fish and Wildlife Coordination 
Act (16 U.S.C. 661) by adding a new section 10 relating to the 
protection of water, oceans, coasts, and wildlife from invasive 
species.
    Subsection (b) requires certain federal agencies to plan 
and carry out activities on lands managed by their agencies to 
protect water and wildlife by controlling and managing invasive 
species. It requires them to develop strategic plans to achieve 
an annual net reduction in invasive species, by reducing either 
their populations or their areas of infestation. It requires 
them to use effective invasive species management and control 
methods that: are based on sound scientific data; minimize 
environmental impacts; and do so in the least costly manner. It 
also requires them to perform comparative economic assessments 
of invasive species control and management methods. Finally, it 
requires them to use all tools and flexibilities available to 
expedite projects and activities that are in areas at a high 
risk for invasive species and require immediate action.
    The Committee intends agencies to evaluate the need for, 
and, if warranted, develop new categorical exclusions for such 
projects and activities using existing authorities provided by 
the National Environmental Policy Act as of the date of 
enactment of this Act.
    Subsection (b) requires certain federal agencies to use at 
least 75 percent of the appropriated or available funds for on-
the-ground control and management of invasive species. It 
allows them to use up to 15 percent of such funds for 
investigations, development activities, and outreach and public 
awareness efforts relating to invasive species control and 
management. It allows them to use 10 percent of such funds for 
administrative costs.
    Subsection (b) also requires certain federal agencies to 
submit reports to Congress within a specified period describing 
how funds for programs relating to invasive species management 
are used. It authorizes them to enter into any contract or 
cooperative agreement to assist with the control and management 
of invasive species. It requires that each project and activity 
carried out pursuant to this section shall be in coordination 
with affected local governments.
    Subsection (c) reauthorizes appropriations for the 
Multinational Species Conservation Funds. It reauthorizes the 
African Elephant Conservation Act (16 U.S.C. 4245(a)) from 
fiscal year 2019 through fiscal year 2023. It reauthorizes the 
Rhinoceros and Tiger Conservation Act of 1994 (16 U.S.C. 
5306(a)) from fiscal year 2019 though fiscal year 2023. It 
reauthorizes the Asian Elephant Conservation Act of 1997 (16 
U.S.C. 4266(a)) from fiscal year 2019 through fiscal year 2023.
    Subsection (c) reauthorizes the Great Ape Conservation Act 
of 2000 (16 U.S.C. 6305) from fiscal year 2019 through fiscal 
year 2023 and includes a multiyear grant process for eligible 
applicants to carry out projects that demonstrate effective, 
long-term conservation strategies for great apes and their 
habitats.
    Subsection (c) reauthorizes the Marine Turtle Conservation 
Act of 2004 (16 U.S.C. 6606) from fiscal year 2020 through 
fiscal year 2024 and expands the scope of the Act to include 
marine turtles located in territories of the United States. It 
makes freshwater turtles and tortoises eligible for 
conservation assistance. It makes habitat of marine turtles, 
freshwater turtles, and tortoises under the jurisdiction of 
U.S. Fish and Wildlife Service programs eligible for 
conservation assistance. It allocates appropriations among 
marine turtles and freshwater turtles and tortoises.
    The Committee's addition of ``under the jurisdiction of 
U.S. Fish and Wildlife Service programs'' was intended to 
expand the scope of habitat conservation beyond nesting areas. 
While nesting areas remain a focal point for the conservation 
of marine turtles, freshwater turtles and tortoises are more 
susceptible to other threats, such as poaching of juvenile and 
adult animals. The Committee's intent is to make clear that the 
U.S. Fish and Wildlife Service can address any conservation 
concern for marine turtles, freshwater turtles and tortoises, 
as long as conservation actions fall within the scope of U.S. 
Fish and Wildlife Service programs, including international 
programs, and not in the jurisdiction of another agency.
    Subsection (d) establishes the Theodore Roosevelt Genius 
Prize, a series of cash prizes to be awarded annually for 
technological innovation in the following categories: (1) the 
prevention of wildlife poaching and trafficking; (2) the 
promotion of wildlife conservation; (3) the management of 
invasive species; (4) the protection of endangered species; and 
(5) the non-lethal management of human-wildlife conflicts.

                          Legislative History

    On January 29, 2019, Senator Barrasso introduced S. 268, 
the Wildlife Innovation and Longevity Driver Act (WILD Act) 
with Senators Booker, Boozman, Carper, Inhofe and Whitehouse as 
original cosponsors. The bill was referred to the Committee on 
Environment and Public Works.
    The text of S. 268 is substantially similar to the text of 
S. 826, the WILD Act, which passed the Senate during the 115th 
Congress. Senator Barrasso introduced S. 826 on April 4, 2017. 
Senators Booker, Boozman, Carper, Inhofe and Whitehouse were 
original cosponsors. The EPW Committee held a hearing on S. 826 
on March 15, 2017. A second hearing on November 15, 2018, 
relating to wildlife funding, included the Partners for Fish 
and Wildlife Program. The EPW Committee reported S. 826, as 
amended, by voice vote on April 5, 2017. The Senate passed the 
legislation by unanimous consent on June 8, 2017.

                                Hearings

    A legislative hearing was not held on S. 268. As explained 
above, two hearings related to the substantive issues addressed 
by S. 268 were held on March 15, 2017, and November 15, 2018, 
during the 115th Congress.

                             Rollcall Votes

    On February 5, 2019, the Committee on Environment and 
Public Works met to consider S. 268. S. 268 was ordered 
favorably reported without amendment by voice vote. No roll 
call votes were taken.

                      Regulatory Impact Statement

    In compliance with section 11(b) of rule XXVI of the 
Standing Rules of the Senate, the committee makes evaluation of 
the regulatory impact of the reported bill.
    The bill 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 finds that S. 268 would 
impose no Federal intergovernmental unfunded mandates on State, 
local, or tribal governments.
    S. 268 contains no intergovernmental mandates as defined in 
the Unfunded Mandates Reform Act (UMRA). The bill contains no 
new private-sector mandates as defined in UMRA.

                          Cost of Legislation

    Section 403 of the Congressional Budget and Impoundment 
Control Act requires that a statement of the cost of the 
reported bill, prepared by the Congressional Budget Office, be 
included in the report. That statement follows:

                                     U.S. Congress,
                               Congressional Budget Office,
                                    Washington, DC, March 18, 2019.
Hon. John Barrasso,
Chairman, Committee on Environment and Public Works,
U.S. Senate, Washington, DC.
    Dear Mr. Chairman: The Congressional Budget Office has 
prepared the enclosed cost estimate for S. 268, the WILD Act.
    If you wish further details on this estimate, we will be 
pleased to provide them. The CBO staff contact is Janani 
Shankaran.
            Sincerely,
                                                Keith Hall,
                                                          Director.
    Enclosure.
   
[GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT]
    

    Bill summary: S. 268 would reauthorize several U.S. Fish 
and Wildlife Service (USFWS) programs related to the 
conservation of wildlife. The bill also would require various 
agencies to carry out certain activities to manage invasive 
species. Finally, the bill would establish prize competitions 
to promote the development of strategies to enhance wildlife 
conservation.
    Estimated Federal cost: The estimated budgetary effects of 
S. 268 are detailed in Table 1. The costs of the legislation 
fall within budget function 300 (natural resources and 
environment).


                 TABLE 1.--ESTIMATED INCREASES IN SPENDING SUBJECT TO APPROPRIATION UNDER S. 268
----------------------------------------------------------------------------------------------------------------
                                                                 By fiscal year, millions of dollars--
                                                      ----------------------------------------------------------
                                                        2019a   2020    2021    2022    2023    2024   2019-2024
----------------------------------------------------------------------------------------------------------------
Partners for Fish and Wildlife:
    Authorization....................................      75      75      75      75      75       0       375
    Estimated Outlays................................       0      58      69      72      74      17       290
Species Conservation Programs:
    Authorization....................................      25      30      30      30      30       5       150
    Estimated Outlays................................       0      18      27      30      30      15       120
Prize Competitions:
    Estimated Authorization..........................       0       1       1       1       1       *         4
    Estimated Outlays................................       0       1       1       1       1       *         4
    Total:
        Estimated Authorization......................     100     106     106     106     106       5       529
        Estimated Outlays............................       0      77      97     103     105      33       414
----------------------------------------------------------------------------------------------------------------
* = between zero and $500,000.
aS. 268 would authorize appropriations totaling $100 million for 2019. CBO does not estimate any outlays for
  those authorizations because appropriations for 2019 have already been provided.

    Basis of estimate: For this estimate, CBO assumes that S. 
268 will be enacted in late 2019 and that the authorized and 
necessary amounts will be appropriated each year. Estimated 
outlays are based on historical spending patterns for the 
affected activities.
    CBO estimates that implementing S. 268 would cost $414 
million over the 2019-2024 period and $15 million after 2024. 
Although S. 268 would authorize appropriations totaling $100 
million in 2019, CBO does not estimate any outlays for those 
authorizations because appropriations for 2019 have already 
been provided.

Partners for Fish and Wildlife

    S. 268 would authorize the appropriation of $75 million a 
year over the 2019-2023 period to fund the Partners for Fish 
and Wildlife program. Under the program, USFWS provides 
technical assistance and cost-share incentives to private 
landowners to restore fish and wildlife habitats. In recent 
years, USFWS has allocated roughly $52 million annually to 
carry out that program. CBO estimates that implementing the 
provision would cost $290 million over the 2019-2024 period and 
$10 million after 2024.

Species conservation programs

    The bill also would authorize the appropriation of $25 
million in 2019, $30 million a year over the 2020-2023 period, 
and $5 million in 2024 for USFWS to carry out programs aimed at 
conserving various species including elephants, rhinoceros, 
tigers, great apes, and marine turtles. In 2019, USFWS received 
appropriations totaling $12 million to carry out those 
programs. CBO estimates that implementing the provision would 
cost $120 million over the 2019-2024 period and $5 million 
after 2024.

Prize competitions

    S. 268 would direct USFWS to establish five annual prize 
competitions to reward individuals who advance efforts related 
to wildlife conservation with winners receiving a prize of at 
least $100,000. Using information from USFWS and based on the 
costs of similar activities, CBO estimates that administering 
the prize competitions would cost about $4 million over the 
2019-2024 period.

Managing invasive species

    The bill also would require the Army Corps of Engineers and 
agencies within the Department of the Interior to carry out 
activities to control and manage invasive species. Because the 
affected agencies are already meeting most of the bill's 
requirements, CBO estimates that implementing the provision 
would cost less than $500,000 over the 2019-2024 period for 
planning and reporting activities required under the bill; any 
spending would be subject to the availability of appropriated 
funds.
    Pay-As-You-Go considerations: None.
    Increase in long-term direct spending and deficits: None.
    Mandates: None.
    Estimate prepared by: Federal costs: Janani Shankaran; 
Mandates: Zachary Byrum.
    Estimate reviewed by: Kim Cawley, Chief, Natural and 
Physical Resources Cost Estimates Unit; H. Samuel Papenfuss, 
Deputy Assistant Director for Budget Analysis.

                        Changes in Existing Law

    In compliance with section 12 of rule XXVI of the Standing 
Rules of the Senate, changes in existing law made by the bill 
as reported are shown as follows: Existing law proposed to be 
omitted is enclosed in [black brackets], new matter is printed 
in italic, existing law in which no change is proposed is shown 
in roman:

           *       *       *       *       *       *       *


                   PARTNERS FOR FISH AND WILDLIFE ACT


           [PUBLIC LAW 109-294--OCT. 3, 2006, 120 Stat. 1351]

SEC. 1. <> SHORT TITLE.

  This Act may be cited as the ``Partners for Fish and Wildlife 
Act''.

           *       *       *       *       *       *       *


SEC. 5. AUTHORIZATION OF <> APPROPRIATIONS.

  There is authorized to be appropriated to carry out this Act 
not more than $75,000,000 for each of fiscal years [2006 
through 2011] 2019 through 2023.

           *       *       *       *       *       *       *


                   FISH AND WILDLIFE COORDINATION ACT


                            (16 U.S.C. 661)

SEC. 661. DECLARATION OF PURPOSE; COOPERATION OF AGENCIES; SURVEYS AND 
                    INVESTIGATIONS; DONATIONS

    [For the purpose]

SECTION 1. SHORT TITLE; AUTHORIZATION.

  (a) Short Title.--This Act may be cited as the `Fish and 
Wildlife Coordination Act'.
  (b) Authorization.--For the purpose. * * *

           *       *       *       *       *       *       *


SEC. 10. PROTECTION OF WATER, OCEANS, COASTS, AND WILDLIFE FROM 
                    INVASIVE SPECIES.

  (a) Definitions.--In this section:
          (1) Control.--The term `control', with respect to an 
        invasive species, means the eradication, suppression, 
        or reduction of the population of the invasive species 
        within the area in which the invasive species is 
        present.
          (2) Ecosystem.--The term `ecosystem' means the 
        complex of a community of organisms and the environment 
        of the organisms.
          (3) Eligible state.--The term `eligible State' means 
        any of--
                  (A) a State;
                  (B) the District of Columbia;
                  (C) the Commonwealth of Puerto Rico;
                  (D) Guam;
                  (E) American Samoa;
                  (F) the Commonwealth of the Northern Mariana 
                Islands; and
                  (G) the United States Virgin Islands.
          (4) Invasive species.--
                  (A) In general.--The term `invasive species' 
                means an alien species, the introduction of 
                which causes, or is likely to cause, economic 
                or environmental harm or harm to human health.
                  (B) Associated definition.--For purposes of 
                subparagraph (A), the term `alien species', 
                with respect to a particular ecosystem, means 
                any species (including the seeds, eggs, spores, 
                or other biological material of the species 
                that are capable of propagating the species) 
                that is not native to the affected ecosystem.
          (5) Manage; management.--The terms `manage' and 
        `management', with respect to an invasive species, mean 
        the active implementation of any activity--
                  (A) to reduce or stop the spread of the 
                invasive species; and
                  (B) to inhibit further infestations of the 
                invasive species, the spread of the invasive 
                species, or harm caused by the invasive 
                species, including investigations regarding 
                methods for early detection and rapid response, 
                prevention, control, or management of the 
                invasive species.
          (6) Prevent.--The term `prevent', with respect to an 
        invasive species, means--
                  (A) to hinder the introduction of the 
                invasive species onto land or water; or
                  (B) to impede the spread of the invasive 
                species within land or water by inspecting, 
                intercepting, or confiscating invasive species 
                threats prior to the establishment of the 
                invasive species onto land or water of an 
                eligible State.
          (7) Secretary concerned.--The term `Secretary 
        concerned' means--
                  (A) the Secretary of the Army, with respect 
                to Federal land administered by the Corps of 
                Engineers;
                  (B) the Secretary of the Interior, with 
                respect to Federal land administered by the 
                Secretary of the Interior through--
                          (i) the United States Fish and 
                        Wildlife Service;
                          (ii) the Bureau of Indian Affairs;
                          (iii) the Bureau of Land Management;
                          (iv) the Bureau of Reclamation; or
                          (v) the National Park Service;
                  (C) the Secretary of Agriculture, with 
                respect to Federal land administered by the 
                Secretary of Agriculture through the Forest 
                Service; and
                  (D) the head or a representative of any other 
                Federal agency the duties of whom require 
                planning relating to, and the treatment of, 
                invasive species for the purpose of protecting 
                water and wildlife on land and coasts and in 
                oceans and water.
          (8) Species.--The term `species' means a group of 
        organisms, all of which--
                  (A) have a high degree of genetic similarity;
                  (B) are morphologically distinct;
                  (C) generally--
                          (i) interbreed at maturity only among 
                        themselves; and
                          (ii) produce fertile offspring; and
                  (D) show persistent differences from members 
                of allied groups of organisms.
  (b) Control and Management.--Each Secretary concerned shall 
plan and carry out activities on land directly managed by the 
Secretary concerned to protect water and wildlife by 
controlling and managing invasive species--
          (1) to inhibit or reduce the populations of invasive 
        species; and
          (2) to effectuate restoration or reclamation efforts.
  (c) Strategic Plan.--
          (1) In general.--Each Secretary concerned shall 
        develop a strategic plan for the implementation of the 
        invasive species program to achieve, to the maximum 
        extent practicable, a substantive annual net reduction 
        of invasive species populations or infested acreage on 
        land or water managed by the Secretary concerned.
          (2) Coordination.--Each strategic plan under 
        paragraph (1) shall be developed--
                  (A) in coordination with affected--
                          (i) eligible States; and
                          (ii) political subdivisions of 
                        eligible States;
                  (B) in consultation with federally recognized 
                Indian tribes; and
                  (C) in accordance with the priorities 
                established by 1 or more Governors of the 
                eligible States in which an ecosystem affected 
                by an invasive species is located.
          (3) Factors for consideration.--In developing a 
        strategic plan under this subsection, the Secretary 
        concerned shall take into consideration the economic 
        and ecological costs of action or inaction, as 
        applicable.
  (d) Cost-effective Methods.--In selecting a method to be used 
to control or manage an invasive species as part of a specific 
control or management project conducted as part of a strategic 
plan developed under subsection (c), the Secretary concerned 
shall prioritize the use of methods that--
          (1) effectively control and manage invasive species, 
        as determined by the Secretary concerned, based on 
        sound scientific data;
          (2) minimize environmental impacts; and
          (3) control and manage invasive species in the most 
        cost-effective manner.
  (e) Comparative Economic Assessment.--To achieve compliance 
with subsection (d), the Secretary concerned shall require a 
comparative economic assessment of invasive species control and 
management methods to be conducted.
  (f) Expedited Action.--
          (1) In general.--The Secretaries concerned shall use 
        all tools and flexibilities available (as of the date 
        of enactment of this section) to expedite the projects 
        and activities described in paragraph (2).
          (2) Description of projects and activities.--A 
        project or activity referred to in paragraph (1) is a 
        project or activity--
                  (A) to protect water or wildlife from an 
                invasive species that, as determined by the 
                Secretary concerned is, or will be, carried out 
                on land or water that is--
                          (i) directly managed by the Secretary 
                        concerned; and
                          (ii) located in an area that is--
                                  (I) at high risk for the 
                                introduction, establishment, or 
                                spread of invasive species; and
                                  (II) determined by the 
                                Secretary concerned to require 
                                immediate action to address the 
                                risk identified in subclause 
                                (I); and
                  (B) carried out in accordance with applicable 
                agency procedures, including any applicable--
                          (i) land or resource management plan; 
                        or
                          (ii) land use plan.
  (g) Allocation of Funding.--Of the amount appropriated or 
otherwise made available to each Secretary concerned for a 
fiscal year for programs that address or include protection of 
land or water from an invasive species, the Secretary concerned 
shall use not less than 75 percent for on-the-ground control 
and management of invasive species, which may include--
          (1) the purchase of necessary products, equipment, or 
        services to conduct that control and management;
          (2) the use of integrated pest management options, 
        including options that use pesticides authorized for 
        sale, distribution, or use under the Federal 
        Insecticide, Fungicide, and Rodenticide Act (7 U.S.C. 
        136 et seq.);
          (3) the use of biological control agents that are 
        proven to be effective to reduce invasive species 
        populations;
          (4) the use of revegetation or cultural restoration 
        methods designed to improve the diversity and richness 
        of ecosystems;
          (5) the use of monitoring and detection activities 
        for invasive species, including equipment, detection 
        dogs, and mechanical devices;
          (6) the use of appropriate methods to remove invasive 
        species from a vehicle or vessel capable of conveyance; 
        or
          (7) the use of other effective mechanical or manual 
        control methods.
  (h) Investigations, Outreach, and Public Awareness.--Of the 
amount appropriated or otherwise made available to each 
Secretary concerned for a fiscal year for programs that address 
or include protection of land or water from an invasive 
species, the Secretary concerned may use not more than 15 
percent for investigations, development activities, and 
outreach and public awareness efforts to address invasive 
species control and management needs.
  (i) Administrative Costs.--Of the amount appropriated or 
otherwise made available to each Secretary concerned for a 
fiscal year for programs that address or include protection of 
land or water from an invasive species, not more than 10 
percent may be used for administrative costs incurred to carry 
out those programs, including costs relating to oversight and 
management of the programs, recordkeeping, and implementation 
of the strategic plan developed under subsection (c).
  (j) Reporting Requirements.--Not later than 60 days after the 
end of the second fiscal year beginning after the date of 
enactment of this section, each Secretary concerned shall 
submit to Congress a report--
          (1) describing the use by the Secretary concerned 
        during the 2 preceding fiscal years of funds for 
        programs that address or include invasive species 
        management; and
          (2) specifying the percentage of funds expended for 
        each of the purposes specified in subsections (g), (h), 
        and (i).
  (k) Relation to Other Authority.--
          (1) Other invasive species control, prevention, and 
        management authorities.--Nothing in this section 
        precludes the Secretary concerned from pursuing or 
        supporting, pursuant to any other provision of law, any 
        activity regarding the control, prevention, or 
        management of an invasive species, including 
        investigations to improve the control, prevention, or 
        management of the invasive species.
          (2) Public water supply systems.--Nothing in this 
        section authorizes the Secretary concerned to suspend 
        any water delivery or diversion, or otherwise to 
        prevent the operation of a public water supply system, 
        as a measure to control, manage, or prevent the 
        introduction or spread of an invasive species.
  (l) Use of Partnerships.--Subject to the subsections (m) and 
(n), the Secretary concerned may enter into any contract or 
cooperative agreement with another Federal agency, an eligible 
State, a federally recognized Indian tribe, a political 
subdivision of an eligible State, or a private individual or 
entity to assist with the control and management of an invasive 
species.
  (m) Memorandum of Understanding.--
          (1) In general.--As a condition of a contract or 
        cooperative agreement under subsection (l), the 
        Secretary concerned and the applicable Federal agency, 
        eligible State, political subdivision of an eligible 
        State, or private individual or entity shall enter into 
        a memorandum of understanding that describes--
                  (A) the nature of the partnership between the 
                parties to the memorandum of understanding; and
                  (B) the control and management activities to 
                be conducted under the contract or cooperative 
                agreement.
          (2) Contents.--A memorandum of understanding under 
        this subsection shall contain, at a minimum, the 
        following:
                  (A) A prioritized listing of each invasive 
                species to be controlled or managed.
                  (B) An assessment of the total acres of land 
                or area of water infested by the invasive 
                species.
                  (C) An estimate of the expected total acres 
                of land or area of water infested by the 
                invasive species after control and management 
                of the invasive species is attempted.
                  (D) A description of each specific, 
                integrated pest management option to be used, 
                including a comparative economic assessment to 
                determine the least-costly method.
                  (E) Any map, boundary, or Global Positioning 
                System coordinates needed to clearly identify 
                the area in which each control or management 
                activity is proposed to be conducted.
                  (F) A written assurance that each partner 
                will comply with section 15 of the Federal 
                Noxious Weed Act of 1974 (7 U.S.C. 2814).
          (3) Coordination.--If a partner to a contract or 
        cooperative agreement under subsection (l) is an 
        eligible State, political subdivision of an eligible 
        State, or private individual or entity, the memorandum 
        of understanding under this subsection shall include a 
        description of--
                  (A) the means by which each applicable 
                control or management effort will be 
                coordinated; and
                  (B) the expected outcomes of managing and 
                controlling the invasive species.
          (4) Public outreach and awareness efforts.--If a 
        contract or cooperative agreement under subsection (l) 
        involves any outreach or public awareness effort, the 
        memorandum of understanding under this subsection shall 
        include a list of goals and objectives for each 
        outreach or public awareness effort that have been 
        determined to be efficient to inform national, 
        regional, State, Tribal, or local audiences regarding 
        invasive species control and management.
  (n) Investigations.--The purpose of any invasive species-
related investigation carried out under a contract or 
cooperative agreement under subsection (l) shall be--
          (1) to develop solutions and specific recommendations 
        for control and management of invasive species; and
          (2) specifically to provide faster implementation of 
        control and management methods.
  (o) Coordination With Affected Local Governments.--Each 
project and activity carried out pursuant to this section shall 
be coordinated with affected local governments in a manner that 
is consistent with section 202(c)(9) of the Federal Land Policy 
and Management Act of 1976 (43 U.S.C. 1712(c)(9)).

AFRICAN ELEPHANT CONSERVATION ACT

           *       *       *       *       *       *       *



SEC. 2001. [16 U.S.C. 4201 NOTE] SHORT TITLE.

  This title may be cited as the ``African Elephant 
Conservation Act''.

           *       *       *       *       *       *       *


SEC. 2306. [16 U.S.C. 4245] AUTHORIZATION OF APPROPRIATIONS.

  (a) In General.--There is authorized to be appropriated to 
the Fund and to the Secretary a total of not to exceed 
$5,000,000 for each of fiscal years [2007 through 2012] 2019 
through 2023 to carry out

           *       *       *       *       *       *       *


ASIAN ELEPHANT CONSERVATION ACT OF 1997

           *       *       *       *       *       *       *



SECTION 1. [16 U.S.C. 4261 NOTE] SHORT TITLE.

  This Act may be cited as the ``Asian Elephant Conservation 
Act of 1997''.

           *       *       *       *       *       *       *


SEC. 8. [16 U.S.C. 4266] AUTHORIZATION OF APPROPRIATIONS.

  (a) In General.--There is authorized to be appropriated to 
the Fund $5,000,000 for each of fiscal years [2007 through 
2012] 2019 through 2023 to carry out this Act, which may remain 
available until expended.

           *       *       *       *       *       *       *


RHINOCEROS AND TIGER CONSERVATION ACT OF 1994

           *       *       *       *       *       *       *



SEC. 1. [16 U.S.C. 5301 NOTE] SHORT TITLE.

  This Act may be cited as the ``Rhinoceros and Tiger 
Conservation Act of 1994''.

           *       *       *       *       *       *       *


SEC. 10. [16 U.S.C. 5306] AUTHORIZATION OF APPROPRIATIONS.

  (a) In General.--There is authorized to be appropriated to 
the Fund $10,000,000 for each of fiscal years [2007 through 
2012] 2019 through 2023 to carry out this Act, to remain 
available until expended.

           *       *       *       *       *       *       *


                   GREAT APE CONSERVATION ACT OF 2000


[16 U.S.C. 6303]

           *       *       *       *       *       *       *


SEC. 6303. GREAT APE CONSERVATION ASSISTANCE

  (a) In general.-- Subject to the availability of funds and in 
consultation with other appropriate Federal officials, the 
Secretary shall use amounts in the Fund to provide financial 
assistance for projects for the conservation of great apes for 
which project proposals are approved by the Secretary in 
accordance with this section.

           *       *       *       *       *       *       *

  (i) Panel.--
          [(1) In General.-- Every 2 years, the Secretary may 
        convene a panel of experts to identify the greatest 
        needs for the conservation of great apes.]
          (1) Convention.--Not later than 1 year after the date 
        of enactment of the Wildlife Innovation and Longevity 
        Driver Act, and every 5 years thereafter, the Secretary 
        may convene a panel of experts on great apes to 
        identify the greatest needs and priorities for the 
        conservation of great apes.
          (2) Composition.--The Secretary shall ensure that the 
        panel referred to in paragraph (1) includes, to the 
        maximum extent practicable, 1 or more representatives--
                  (A) from each country that comprises the 
                natural range of great apes; and
                  (B) with expertise in great ape conservation.
          (3) Conservation plans.--In identifying the 
        conservation needs and priorities under paragraph (1), 
        the panel referred to in that paragraph shall consider 
        any relevant great ape conservation plan or strategy, 
        including scientific research and findings relating 
        to--
                  (A) the conservation needs and priorities of 
                great apes;
                  (B) any regional or species-specific action 
                plan or strategy;
                  (C) any applicable strategy developed or 
                initiated by the Secretary; and
                  (D) any other applicable conservation plan or 
                strategy.
          (4) Funds.--Subject to the availability of 
        appropriations, the Secretary may use amounts available 
        to the Secretary to pay for the costs of convening and 
        facilitating any meeting of the panel referred to in 
        paragraph (1).
          [(2)] (5) Applicability of FACA.--The Federal 
        Advisory Committee Act (5 App. U.S.C.) shall not apply 
        to a panel convened under paragraph (1).
  (j) Multiyear Grants.--
          (1) Authorization.--The Secretary may award to a 
        person who is otherwise eligible for a grant under this 
        section a multiyear grant to carry out a project that 
        the person demonstrates is an effective, long-term 
        conservation strategy for great apes and the habitat of 
        great apes.
          (2) Effect of subsection.--Nothing in this subsection 
        precludes the Secretary from awarding a grant on an 
        annual basis.

SEC. 6304. GREAT APE CONSERVATION FUND

  (a) Establishment.--There is established in the Multinational 
Species Conservation Fund a separate account to be known as the 
``Great Ape Conservation Fund'', consisting of-
          (1) * * *

           *       *       *       *       *       *       *

  (b) Expenditures from Fund.--
          (1) In general.-- * * *

           *       *       *       *       *       *       *

          (2) Administrative expenses.--Of the amounts in the 
        account available for each fiscal year, the Secretary 
        may expend not more than 3 percent, or up to [$100,000] 
        $150,000, whichever is greater, to pay the 
        administrative expenses necessary to carry out this 
        chapter.

SEC. 6305. AUTHORIZATION OF APPROPRIATIONS

    There are authorized to be appropriated to the Fund 
$5,000,000 for each of fiscal years [2006 through 2010] 2019 
through 2023.

           *       *       *       *       *       *       *


                 MARINE TURTLE CONSERVATION ACT OF 2004


                            [16 U.S.C. 6601]

SEC. 6601. FINDINGS AND PURPOSES

  (a) Findings.--The Congress finds that-
          (1)* * *

           *       *       *       *       *       *       *

  [(b) Purpose.--The purpose of this chapter is to assist in 
the conservation of marine turtles and the nesting habitats of 
marine turtles in foreign countries by supporting and providing 
financial resources for projects to conserve the nesting 
habitats, conserve marine turtles in those habitats, and 
address other threats to the survival of marine turtles.]
  (b) Purpose.--The purpose of this Act is to assist in the 
conservation of marine turtles, freshwater turtles, and 
tortoises and the habitats of marine turtles, freshwater 
turtles, and tortoises in foreign countries and territories of 
the United States by supporting and providing financial 
resources for projects--
          (1) to conserve marine turtle, freshwater turtle, and 
        tortoise habitats under the jurisdiction of United 
        States Fish and Wildlife Service programs;
          (2) to conserve marine turtles, freshwater turtles, 
        and tortoises in those habitats; and
          (3) to address other threats to the survival of 
        marine turtles, freshwater turtles, and tortoises, 
        including habitat loss, poaching of turtles or their 
        eggs, and wildlife trafficking.

SEC. 6602. DEFINITIONS IN THIS CHAPTER:

          (1) CITES.--The term ``CITES'' means the Convention 
        on International Trade in Endangered Species of Wild 
        Fauna and Flora (27 UST 1087; TIAS 8249).
          (2) Conservation.--The term ``conservation'' means 
        the use of all methods and procedures necessary to 
        protect [nesting habitats of marine turtles in foreign 
        countries and of marine turtles in those habitats]  
        marine turtles, freshwater turtles, and tortoises, and 
        the habitats of marine turtles, freshwater turtles, and 
        tortoises, in foreign countries and territories of the 
        United States under the jurisdiction of United States 
        Fish and Wildlife Service programs, including-
                  (A) protection, restoration, and management 
                of [nesting] habitats;
                  (B) onsite research and monitoring of nesting 
                populations, [nesting] habitats, annual 
                reproduction, and species population trends;
                  (C) assistance in the development, 
                implementation, and improvement of national and 
                regional management plans for [nesting] habitat 
                ranges;
                  (D) enforcement and implementation of CITES 
                and laws of foreign [countries to--] 
                countries--
                          (i) to protect and manage [nesting] 
                        populations and [nesting] habitats; and
                          (ii) to prevent illegal trade of 
                        marine turtles;
                  (E) training of local law enforcement 
                officials in the interdiction and prevention 
                of--
                          (i) the illegal killing of marine 
                        [turtles on nesting habitat] turtles, 
                        freshwater turtles, and tortoises; and

           *       *       *       *       *       *       *

                  (F) initiatives to resolve conflicts between 
                humans and marine [turtles over habitat used by 
                marine turtles for nesting] turtles, freshwater 
                turtles, and tortoises over habitats used by 
                marine turtles, freshwater turtles, and 
                tortoises;

           *       *       *       *       *       *       *

                  (H) strengthening of the ability of local 
                communities to implement [nesting] population 
                and [nesting] habitat conservation programs.
          (3) Freshwater turtle.--
                  (A) In general.--The term `freshwater turtle' 
                means any member of the family 
                Carettochelyidae, Chelidae, Chelydridae, 
                Dermatemydidae, Emydidae, Geoemydidae, 
                Kinosternidae, Pelomedusidae, Platysternidae, 
                Podocnemididae, or Trionychidae.
                  (B) Inclusions.--The term `freshwater turtle' 
                includes--
                          (i) any part, product, egg, or 
                        offspring of a turtle described in 
                        subparagraph (A); and
                          (ii) a carcass of such a turtle.
          (3)(4) Fund.--The term ``Fund'' means the Marine 
        Turtle Conservation Fund established by section 6604 of 
        this title.
          (5) Habitat.--The term `habitat' means any marine 
        turtle, freshwater turtle, or tortoise habitat 
        (including a nesting habitat) that is under the 
        jurisdiction of United States Fish and Wildlife Service 
        programs.
          (4)(6) Marine turtle.-- * * *

           *       *       *       *       *       *       *

          (5)(7) Multinational Species Conservation Fund.--

           *       *       *       *       *       *       *

          (6)(8) Secretary.--The term ``Secretary'' means the 
        Secretary of the Interior.
          (9) Territory of the united states.--The term 
        `territory of the United States' means--
                  (A) American Samoa;
                  (B) the Commonwealth of the Northern Mariana 
                Islands;
                  (C) the Commonwealth of Puerto Rico;
                  (D) Guam;
                  (E) the United States Virgin Islands; and
                  (F) any other territory or possession of the 
                United States.
          (10) Tortoise.--
                  (A) In general.--The term `tortoise' means 
                any member of the family Testudinidae.
                  (B) Inclusions.--The term `tortoise' 
                includes--
                          (i) any part, product, egg, or 
                        offspring of a tortoise described in 
                        subparagraph (A); and
                          (ii) a carcass of such a tortoise.

SEC. 6603. [MARINE TURTLE] CONSERVATION ASSISTANCE

  (a) In general.--Subject to the availability of funds and in 
consultation with other Federal officials, the Secretary shall 
use amounts in the Fund to provide financial assistance for 
projects for the conservation of marine turtles, freshwater 
turtles, or tortoises for which project proposals are approved 
by the Secretary in accordance with this section.
  (b) Project proposals.--
          (1) Eligible applicants.--A proposal for a project 
        for the conservation of marine turtles, freshwater 
        turtles, or tortoises may be submitted to the Secretary 
        by-
                  [(A) any wildlife management authority of a 
                foreign country that has within its boundaries 
                marine turtle nesting habitat if the activities 
                of the authority directly or indirectly affect 
                marine turtle conservation; or]
                  (A) any wildlife management authority of a 
                foreign country or territory of the United 
                States that has within its boundaries marine 
                turtle, freshwater turtle, or tortoise habitat, 
                if the activities of the authority directly or 
                indirectly affect marine turtle, freshwater 
                turtle, or tortoise conservation; or
                  (B) any other person or group with the 
                demonstrated expertise required for the 
                conservation of marine turtles, freshwater 
                turtles, or tortoise.

           *       *       *       *       *       *       *

  (c) Project review and approval
          (1) In generalThe Secretary shall- * * *

           *       *       *       *       *       *       *

          (2) Consultation; approval or disapproval--Not later 
        than 180 days after receiving a project proposal, and 
        subject to the availability of funds, the Secretary, 
        after consulting with other Federal officials, as 
        appropriate, shall-
                  (A) consult on the proposal with the 
                government of each country and territory of the 
                United States in which the project is to be 
                conducted;
                  (B) after taking into consideration any 
                comments resulting from the consultation, 
                approve or disapprove the project proposal; and
                  (C) provide written notification of the 
                approval or disapproval to the person that 
                submitted the project proposal, other Federal 
                officials, and each country and territory of 
                the United States described in subparagraph 
                (A).

           *       *       *       *       *       *       *

  [(d) Criteria for approval.--The Secretary may approve a 
project proposal under this section if the project will help 
recover and sustain viable populations of marine turtles in the 
wild by assisting efforts in foreign countries to implement 
marine turtle conservation programs.]
  (d) Criteria for Approval.--The Secretary may approve a 
project proposal under this section if the Secretary determines 
that the project will help to restore, recover, and sustain a 
viable population of marine turtles, freshwater turtles, or 
tortoises in the wild by assisting efforts in a foreign country 
or territory of the United States to implement a marine turtle, 
freshwater turtle, or tortoise conservation program.
  (e) Project sustainability.--To the maximum extent 
practicable, in determining whether to approve project 
proposals under this section, the Secretary shall give 
preference to conservation projects that are designed to ensure 
effective, long-term conservation of [marine turtles and their 
nesting habitats] marine turtles, freshwater turtles, or 
tortoises and the habitats of marine turtles, freshwater 
turtles, or tortoises.

           *       *       *       *       *       *       *


SEC. 5. MARINE TURTLE CONSERVATION FUND. 16 USC 6604.

  (a) Establishment.--There is established in the Multinational 
Species Conservation Fund a separate account to be known as the 
"Marine Turtle Conservation Fund", consisting of-
          (1) amounts transferred to the Secretary of the 
        Treasury for deposit into the Fund under subsection 
        (e);
          (2) amounts appropriated to the Fund under [section 
        6] section 7(a) of this title; and
  (b) Expenditures from Fund.--
          (1) In generalSubject to paragraph (2), on request by 
        the Secretary, the Secretary of the Treasury shall 
        transfer from the Fund to the Secretary, without 
        further appropriation, such amounts as the Secretary 
        determines are necessary to carry out section 6603 of 
        this title.
          (2) Administrative expenses.--Of the amounts in the 
        account available for each fiscal year, the Secretary 
        may expend not more than [3 percent, or up to $80,000] 
        5 percent, or up to $150,000, whichever is greater, to 
        pay the administrative expenses necessary to carry out 
        this chapter.

SEC. 6. ADVISORY GROUP. 16 USC 6605.

  (a) IN General.--To assist in carrying out this Act, the 
Secretary may convene an advisory group consisting of 
individuals representing public and private organizations 
actively involved in the conservation of marine turtles , 
freshwater turtles, or tortoises.

[SEC. 7. AUTHORIZATION OF APPROPRIATIONS. 16 USC 6606.

    There is authorized to be appropriated to the Fund 
$5,000,000 for each of fiscal years 2005 through 2009.]

SEC. 7. AUTHORIZATION OF APPROPRIATIONS.

  (a) In General.--There is authorized to be appropriated to 
the Fund $5,000,000 for each of fiscal years 2020 through 2024.
  (b) Allocation.--Of the amounts made available for each 
fiscal year pursuant to subsection (a)--
          (1) not less than $1,510,000 shall be used by the 
        Secretary for marine turtle conservation purposes in 
        accordance with this Act; and
          (2) of the amounts in excess of the amount described 
        in paragraph (1), not less than 40 percent shall be 
        used by the Secretary for freshwater turtle and 
        tortoise conservation purposes in accordance with this 
        Act.

           *       *       *       *       *       *       *


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