[Federal Register Volume 64, Number 25 (Monday, February 8, 1999)]
[Presidential Documents]
[Pages 6183-6186]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-3184]


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  Federal Register / Vol. 64, No. 25 / Monday, February 8, 1999 / 
Presidential Documents  

[[Page 6183]]


                Executive Order 13112 of February 3, 1999

                
Invasive Species

                By the authority vested in me as President by the 
                Constitution and the laws of the United States of 
                America, including the National Environmental Policy 
                Act of 1969, as amended (42 U.S.C. 4321 et seq.), 
                Nonindigenous Aquatic Nuisance Prevention and Control 
                Act of 1990, as amended (16 U.S.C. 4701 et seq.), Lacey 
                Act, as amended (18 U.S.C. 42), Federal Plant Pest Act 
                (7 U.S.C. 150aa et seq.), Federal Noxious Weed Act of 
                1974, as amended (7 U.S.C. 2801 et seq.), Endangered 
                Species Act of 1973, as amended (16 U.S.C. 1531 et 
                seq.), and other pertinent statutes, to prevent the 
                introduction of invasive species and provide for their 
                control and to minimize the economic, ecological, and 
                human health impacts that invasive species cause, it is 
                ordered as follows:

                Section 1. Definitions.

                    (a) ``Alien species'' means, with respect to a 
                particular ecosystem, any species, including its seeds, 
                eggs, spores, or other biological material capable of 
                propagating that species, that is not native to that 
                ecosystem.
                    (b) ``Control'' means, as appropriate, eradicating, 
                suppressing, reducing, or managing invasive species 
                populations, preventing spread of invasive species from 
                areas where they are present, and taking steps such as 
                restoration of native species and habitats to reduce 
                the effects of invasive species and to prevent further 
                invasions.
                    (c) ``Ecosystem'' means the complex of a community 
                of organisms and its environment.
                    (d) ``Federal agency'' means an executive 
                department or agency, but does not include independent 
                establishments as defined by 5 U.S.C. 104.
                    (e) ``Introduction'' means the intentional or 
                unintentional escape, release, dissemination, or 
                placement of a species into an ecosystem as a result of 
                human activity.
                    (f) ``Invasive species'' means an alien species 
                whose introduction does or is likely to cause economic 
                or environmental harm or harm to human health.
                    (g) ``Native species'' means, with respect to a 
                particular ecosystem, a species that, other than as a 
                result of an introduction, historically occurred or 
                currently occurs in that ecosystem.
                    (h) ``Species'' means a group of organisms all of 
                which have a high degree of physical and genetic 
                similarity, generally interbreed only among themselves, 
                and show persistent differences from members of allied 
                groups of organisms.
                    (i) ``Stakeholders'' means, but is not limited to, 
                State, tribal, and local government agencies, academic 
                institutions, the scientific community, nongovernmental 
                entities including environmental, agricultural, and 
                conservation organizations, trade groups, commercial 
                interests, and private landowners.
                    (j) ``United States'' means the 50 States, the 
                District of Columbia, Puerto Rico, Guam, and all 
                possessions, territories, and the territorial sea of 
                the United States.

[[Page 6184]]

                Sec. 2. Federal Agency Duties. (a) Each Federal agency 
                whose actions may affect the status of invasive species 
                shall, to the extent practicable and permitted by law,

                    (1) identify such actions;
                    (2) subject to the availability of appropriations, 
                and within Administration budgetary limits, use 
                relevant programs and authorities to: (i) prevent the 
                introduction of invasive species; (ii) detect and 
                respond rapidly to and control populations of such 
                species in a cost-effective and environmentally sound 
                manner; (iii) monitor invasive species populations 
                accurately and reliably; (iv) provide for restoration 
                of native species and habitat conditions in ecosystems 
                that have been invaded; (v) conduct research on 
                invasive species and develop technologies to prevent 
                introduction and provide for environmentally sound 
                control of invasive species; and (vi) promote public 
                education on invasive species and the means to address 
                them; and
                    (3) not authorize, fund, or carry out actions that 
                it believes are likely to cause or promote the 
                introduction or spread of invasive species in the 
                United States or elsewhere unless, pursuant to 
                guidelines that it has prescribed, the agency has 
                determined and made public its determination that the 
                benefits of such actions clearly outweigh the potential 
                harm caused by invasive species; and that all feasible 
                and prudent measures to minimize risk of harm will be 
                taken in conjunction with the actions.
                    (b) Federal agencies shall pursue the duties set 
                forth in this section in consultation with the Invasive 
                Species Council, consistent with the Invasive Species 
                Management Plan and in cooperation with stakeholders, 
                as appropriate, and, as approved by the Department of 
                State, when Federal agencies are working with 
                international organizations and foreign nations.

                Sec. 3. Invasive Species Council. (a) An Invasive 
                Species Council (Council) is hereby established whose 
                members shall include the Secretary of State, the 
                Secretary of the Treasury, the Secretary of Defense, 
                the Secretary of the Interior, the Secretary of 
                Agriculture, the Secretary of Commerce, the Secretary 
                of Transportation, and the Administrator of the 
                Environmental Protection Agency. The Council shall be 
                Co-Chaired by the Secretary of the Interior, the 
                Secretary of Agriculture, and the Secretary of 
                Commerce. The Council may invite additional Federal 
                agency representatives to be members, including 
                representatives from subcabinet bureaus or offices with 
                significant responsibilities concerning invasive 
                species, and may prescribe special procedures for their 
                participation. The Secretary of the Interior shall, 
                with concurrence of the Co-Chairs, appoint an Executive 
                Director of the Council and shall provide the staff and 
                administrative support for the Council.

                    (b) The Secretary of the Interior shall establish 
                an advisory committee under the Federal Advisory 
                Committee Act, 5 U.S.C. App., to provide information 
                and advice for consideration by the Council, and shall, 
                after consultation with other members of the Council, 
                appoint members of the advisory committee representing 
                stakeholders. Among other things, the advisory 
                committee shall recommend plans and actions at local, 
                tribal, State, regional, and ecosystem-based levels to 
                achieve the goals and objectives of the Management Plan 
                in section 5 of this order. The advisory committee 
                shall act in cooperation with stakeholders and existing 
                organizations addressing invasive species. The 
                Department of the Interior shall provide the 
                administrative and financial support for the advisory 
                committee.

                Sec. 4. Duties of the Invasive Species Council. The 
                Invasive Species Council shall provide national 
                leadership regarding invasive species, and shall:

                    (a) oversee the implementation of this order and 
                see that the Federal agency activities concerning 
                invasive species are coordinated, complementary, cost-
                efficient, and effective, relying to the extent 
                feasible and appropriate on existing organizations 
                addressing invasive species, such as the Aquatic 
                Nuisance Species Task Force, the Federal Interagency 
                Committee for the Management of Noxious and Exotic 
                Weeds, and the Committee on Environment and Natural 
                Resources;

[[Page 6185]]

                    (b) encourage planning and action at local, tribal, 
                State, regional, and ecosystem-based levels to achieve 
                the goals and objectives of the Management Plan in 
                section 5 of this order, in cooperation with 
                stakeholders and existing organizations addressing 
                invasive species;
                    (c) develop recommendations for international 
                cooperation in addressing invasive species;
                    (d) develop, in consultation with the Council on 
                Environmental Quality, guidance to Federal agencies 
                pursuant to the National Environmental Policy Act on 
                prevention and control of invasive species, including 
                the procurement, use, and maintenance of native species 
                as they affect invasive species;
                    (e) facilitate development of a coordinated network 
                among Federal agencies to document, evaluate, and 
                monitor impacts from invasive species on the economy, 
                the environment, and human health;
                    (f) facilitate establishment of a coordinated, up-
                to-date information-sharing system that utilizes, to 
                the greatest extent practicable, the Internet; this 
                system shall facilitate access to and exchange of 
                information concerning invasive species, including, but 
                not limited to, information on distribution and 
                abundance of invasive species; life histories of such 
                species and invasive characteristics; economic, 
                environmental, and human health impacts; management 
                techniques, and laws and programs for management, 
                research, and public education; and
                    (g) prepare and issue a national Invasive Species 
                Management Plan as set forth in section 5 of this 
                order.

                Sec. 5. Invasive Species Management Plan. (a) Within 18 
                months after issuance of this order, the Council shall 
                prepare and issue the first edition of a National 
                Invasive Species Management Plan (Management Plan), 
                which shall detail and recommend performance-oriented 
                goals and objectives and specific measures of success 
                for Federal agency efforts concerning invasive species. 
                The Management Plan shall recommend specific objectives 
                and measures for carrying out each of the Federal 
                agency duties established in section 2(a) of this order 
                and shall set forth steps to be taken by the Council to 
                carry out the duties assigned to it under section 4 of 
                this order. The Management Plan shall be developed 
                through a public process and in consultation with 
                Federal agencies and stakeholders.

                    (b) The first edition of the Management Plan shall 
                include a review of existing and prospective approaches 
                and authorities for preventing the introduction and 
                spread of invasive species, including those for 
                identifying pathways by which invasive species are 
                introduced and for minimizing the risk of introductions 
                via those pathways, and shall identify research needs 
                and recommend measures to minimize the risk that 
                introductions will occur. Such recommended measures 
                shall provide for a science-based process to evaluate 
                risks associated with introduction and spread of 
                invasive species and a coordinated and systematic risk-
                based process to identify, monitor, and interdict 
                pathways that may be involved in the introduction of 
                invasive species. If recommended measures are not 
                authorized by current law, the Council shall develop 
                and recommend to the President through its Co-Chairs 
                legislative proposals for necessary changes in 
                authority.
                    (c) The Council shall update the Management Plan 
                biennially and shall concurrently evaluate and report 
                on success in achieving the goals and objectives set 
                forth in the Management Plan. The Management Plan shall 
                identify the personnel, other resources, and additional 
                levels of coordination needed to achieve the Management 
                Plan's identified goals and objectives, and the Council 
                shall provide each edition of the Management Plan and 
                each report on it to the Office of Management and 
                Budget. Within 18 months after measures have been 
                recommended by the Council in any edition of the 
                Management Plan, each Federal agency whose action is 
                required to implement such measures shall either take 
                the action recommended or shall provide the Council 
                with an explanation of why the action is not feasible. 
                The Council shall assess the effectiveness of this 
                order no

[[Page 6186]]

                less than once each 5 years after the order is issued 
                and shall report to the Office of Management and Budget 
                on whether the order should be revised.

                Sec. 6. Judicial Review and Administration. (a) This 
                order is intended only to improve the internal 
                management of the executive branch and is not intended 
                to create any right, benefit, or trust responsibility, 
                substantive or procedural, enforceable at law or equity 
                by a party against the United States, its agencies, its 
                officers, or any other person.

                    (b) Executive Order 11987 of May 24, 1977, is 
                hereby revoked.
                    (c) The requirements of this order do not affect 
                the obligations of Federal agencies under 16 U.S.C. 
                4713 with respect to ballast water programs.
                    (d) The requirements of section 2(a)(3) of this 
                order shall not apply to any action of the Department 
                of State or Department of Defense if the Secretary of 
                State or the Secretary of Defense finds that exemption 
                from such requirements is necessary for foreign policy 
                or national security reasons.

                    (Presidential Sig.)

                THE WHITE HOUSE,

                    February 3, 1999.

[FR Doc. 99-3184
Filed 2-5-99; 8:45 am]
Billing code 3195-01-P