[Federal Register Volume 81, Number 236 (Thursday, December 8, 2016)]
[Presidential Documents]
[Pages 88609-88614]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-29519]


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  Federal Register / Vol. 81 , No. 236 / Thursday, December 8, 2016 / 
Presidential Documents  

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 Title 3--
 The President

[[Page 88609]]

                Executive Order 13751 of December 5, 2016

                
Safeguarding the Nation From the Impacts of 
                Invasive Species

                By the authority vested in me as President by the 
                Constitution and to ensure the faithful execution of 
                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.), the Nonindigenous Aquatic 
                Nuisance Prevention and Control Act of 1990, (16 U.S.C. 
                4701 et seq.), the Plant Protection Act (7 U.S.C. 7701 
                et seq.), the Lacey Act, as amended (18 U.S.C. 42, 16 
                U.S.C. 3371-3378 et seq.), the Endangered Species Act 
                of 1973, as amended (16 U.S.C. 1531 et seq.), the 
                Noxious Weed Control and Eradication Act of 2004 (7 
                U.S.C. 7781 et seq.), and other pertinent statutes, to 
                prevent the introduction of invasive species and 
                provide for their control, and to minimize the 
                economic, plant, animal, ecological, and human health 
                impacts that invasive species cause, it is hereby 
                ordered as follows:

                Section 1. Policy. It is the policy of the United 
                States to prevent the introduction, establishment, and 
                spread of invasive species, as well as to eradicate and 
                control populations of invasive species that are 
                established. Invasive species pose threats to 
                prosperity, security, and quality of life. They have 
                negative impacts on the environment and natural 
                resources, agriculture and food production systems, 
                water resources, human, animal, and plant health, 
                infrastructure, the economy, energy, cultural 
                resources, and military readiness. Every year, invasive 
                species cost the United States billions of dollars in 
                economic losses and other damages.

                Of substantial growing concern are invasive species 
                that are or may be vectors, reservoirs, and causative 
                agents of disease, which threaten human, animal, and 
                plant health. The introduction, establishment, and 
                spread of invasive species create the potential for 
                serious public health impacts, especially when 
                considered in the context of changing climate 
                conditions. Climate change influences the 
                establishment, spread, and impacts of invasive species.

                Executive Order 13112 of February 3, 1999 (Invasive 
                Species), called upon executive departments and 
                agencies to take steps to prevent the introduction and 
                spread of invasive species, and to support efforts to 
                eradicate and control invasive species that are 
                established. Executive Order 13112 also created a 
                coordinating body--the Invasive Species Council, also 
                referred to as the National Invasive Species Council--
                to oversee implementation of the order, encourage 
                proactive planning and action, develop recommendations 
                for international cooperation, and take other steps to 
                improve the Federal response to invasive species. Past 
                efforts at preventing, eradicating, and controlling 
                invasive species demonstrated that collaboration across 
                Federal, State, local, tribal, and territorial 
                government; stakeholders; and the private sector is 
                critical to minimizing the spread of invasive species 
                and that coordinated action is necessary to protect the 
                assets and security of the United States.

                This order amends Executive Order 13112 and directs 
                actions to continue coordinated Federal prevention and 
                control efforts related to invasive species. This order 
                maintains the National Invasive Species Council 
                (Council) and the Invasive Species Advisory Committee; 
                expands the membership of the Council; clarifies the 
                operations of the Council; incorporates considerations

[[Page 88610]]

                of human and environmental health, climate change, 
                technological innovation, and other emerging priorities 
                into Federal efforts to address invasive species; and 
                strengthens coordinated, cost-efficient Federal action.

                Sec. 2. Definitions. Section 1 of Executive Order 13112 
                is amended to read as follows:

                    ``Section 1. Definitions. (a) `Control' means 
                containing, suppressing, or reducing populations of 
                invasive species.
                    (b) `Eradication' means the removal or destruction 
                of an entire population of invasive species.
                    (c) `Federal agency' means an executive department 
                or agency, but does not include independent 
                establishments as defined by 5 U.S.C. 104.
                    (d) `Introduction' means, as a result of human 
                activity, the intentional or unintentional escape, 
                release, dissemination, or placement of an organism 
                into an ecosystem to which it is not native.
                    (e) `Invasive species' means, with regard to a 
                particular ecosystem, a non-native organism whose 
                introduction causes or is likely to cause economic or 
                environmental harm, or harm to human, animal, or plant 
                health.
                    (f) `Non-native species' or `alien species' means, 
                with respect to a particular ecosystem, an organism, 
                including its seeds, eggs, spores, or other biological 
                material capable of propagating that species, that 
                occurs outside of its natural range.
                    (g) `Pathway' means the mechanisms and processes by 
                which non-native species are moved, intentionally or 
                unintentionally, into a new ecosystem.
                    (h) `Prevention' means the action of stopping 
                invasive species from being introduced or spreading 
                into a new ecosystem.
                    (i) `United States' means the 50 States, the 
                District of Columbia, the Commonwealth of Puerto Rico, 
                Guam, American Samoa, the U.S. Virgin Islands, the 
                Commonwealth of the Northern Mariana Islands, all 
                possessions, and the territorial sea of the United 
                States as defined by Presidential Proclamation 5928 of 
                December 27, 1988.''

                 Sec. 3. Federal Agency Duties. Section 2 of Executive 
                Order 13112 is amended to read as follows:

                     ``Sec. 2. Federal Agency Duties. (a) Each Federal 
                agency for which that agency's actions may affect the 
                introduction, establishment, or spread of invasive 
                species shall, to the extent practicable and permitted 
                by law,

                (1) identify such agency actions;

                (2) subject to the availability of appropriations, and 
                within administrative, budgetary, and jurisdictional 
                limits, use relevant agency programs and authorities 
                to:

(i) prevent the introduction, establishment, and spread of invasive 
species;

(ii) detect and respond rapidly to eradicate or control populations of 
invasive species in a manner that is cost-effective and minimizes human, 
animal, plant, and environmental health risks;

(iii) monitor invasive species populations accurately and reliably;

(iv) provide for the restoration of native species, ecosystems, and other 
assets that have been impacted by invasive species;

(v) conduct research on invasive species and develop and apply technologies 
to prevent their introduction, and provide for environmentally sound 
methods of eradication and control of invasive species;

(vi) promote public education and action on invasive species, their 
pathways, and ways to address them, with an emphasis on prevention, and 
early detection and rapid response;

(vii) assess and strengthen, as appropriate, policy and regulatory 
frameworks pertaining to the prevention, eradication, and control of 
invasive species and address regulatory gaps, inconsistencies, and 
conflicts;

[[Page 88611]]

(viii) coordinate with and complement similar efforts of States, 
territories, federally recognized American Indian tribes, Alaska Native 
Corporations, Native Hawaiians, local governments, nongovernmental 
organizations, and the private sector; and

(ix) in consultation with the Department of State and with other agencies 
as appropriate, coordinate with foreign governments to prevent the movement 
and minimize the impacts of invasive species; and

                (3) refrain from authorizing, funding, or implementing 
                actions that are likely to cause or promote the 
                introduction, establishment, or spread of invasive 
                species in the United States 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.

                    (c) Federal agencies shall pursue the duties set 
                forth in this section in coordination, to the extent 
                practicable, with other member agencies of the Council 
                and staff, consistent with the National Invasive 
                Species Council Management Plan, and in cooperation 
                with State, local, tribal, and territorial governments, 
                and stakeholders, as appropriate, and in consultation 
                with the Department of State when Federal agencies are 
                working with international organizations and foreign 
                nations.
                    (d) Federal agencies that are members of the 
                Council, and Federal interagency bodies working on 
                issues relevant to the prevention, eradication, and 
                control of invasive species, shall provide the Council 
                with annual information on actions taken that implement 
                these duties and identify barriers to advancing 
                priority actions.
                    (e) To the extent practicable, Federal agencies 
                shall also expand the use of new and existing 
                technologies and practices; develop, share, and utilize 
                similar metrics and standards, methodologies, and 
                databases and, where relevant, platforms for monitoring 
                invasive species; and, facilitate the interoperability 
                of information systems, open data, data analytics, 
                predictive modeling, and data reporting necessary to 
                inform timely, science-based decision making.

                Sec. 4. Emerging Priorities. Federal agencies that are 
                members of the Council and Federal interagency bodies 
                working on issues relevant to the prevention, 
                eradication, and control of invasive species shall take 
                emerging priorities into consideration, including:

                    (a) Federal agencies shall consider the potential 
                public health and safety impacts of invasive species, 
                especially those species that are vectors, reservoirs, 
                and causative agents of disease. The Department of 
                Health and Human Services, in coordination and 
                consultation with relevant agencies as appropriate, 
                shall within 1 year of this order, and as requested by 
                the Council thereafter, provide the Office of Science 
                and Technology Policy and the Council a report on 
                public health impacts associated with invasive species. 
                That report shall describe the disease, injury, 
                immunologic, and safety impacts associated with 
                invasive species, including any direct and indirect 
                impacts on low-income, minority, and tribal 
                communities.
                    (b) Federal agencies shall consider the impacts of 
                climate change when working on issues relevant to the 
                prevention, eradication, and control of invasive 
                species, including in research and monitoring efforts, 
                and integrate invasive species into Federal climate 
                change coordinating frameworks and initiatives.
                    (c) Federal agencies shall consider opportunities 
                to apply innovative science and technology when 
                addressing the duties identified in section 2 of 
                Executive Order 13112, as amended, including, but not 
                limited to, promoting open data and data analytics; 
                harnessing technological advances in remote sensing 
                technologies, molecular tools, cloud computing, and 
                predictive analytics; and using tools such as challenge 
                prizes, citizen science, and crowdsourcing.

[[Page 88612]]

                Sec. 5. National Invasive Species Council. Section 3 of 
                Executive Order 13112 is amended to read as follows:

                    ``Sec. 3. National Invasive Species Council. (a) A 
                National Invasive Species Council (Council) is hereby 
                established. The mission of the Council is to provide 
                the vision and leadership to coordinate, sustain, and 
                expand Federal efforts to safeguard the interests of 
                the United States through the prevention, eradication, 
                and control of invasive species, and through the 
                restoration of ecosystems and other assets impacted by 
                invasive species.
                    (b) The Council's membership shall be composed of 
                the following officials, who may designate a senior-
                level representative to perform the functions of the 
                member:

(i) Secretary of State;

(ii) Secretary of the Treasury;

(iii) Secretary of Defense;

(iv) Secretary of the Interior;

(v) Secretary of Agriculture;

(vi) Secretary of Commerce;

(vii) Secretary of Health and Human Services;

(viii) Secretary of Transportation;

(ix) Secretary of Homeland Security;

(x) Administrator of the National Aeronautics and Space Administration;

(xi) Administrator of the Environmental Protection Agency;

(xii) Administrator of the United States Agency for International 
Development;

(xiii) United States Trade Representative;

(xiv) Director or Chair of the following components of the Executive Office 
of the President: the Office of Science and Technology Policy, the Council 
on Environmental Quality, and the Office of Management and Budget; and

(xv) Officials from such other departments, agencies, offices, or entities 
as the agencies set forth above, by consensus, deem appropriate.

                    (c) The Council shall be co-chaired by the 
                Secretary of the Interior (Secretary), the Secretary of 
                Agriculture, and the Secretary of Commerce, who shall 
                meet quarterly or more frequently if needed, and who 
                may designate a senior-level representative to perform 
                the functions of the Co-Chair. The Council shall meet 
                no less than once each year. The Secretary of the 
                Interior shall, after consultation with the Co-Chairs, 
                appoint an Executive Director of the Council to oversee 
                a staff that supports the duties of the Council. Within 
                1 year of the date of this order, the Co-Chairs of the 
                Council shall, with consensus of its members, complete 
                a charter, which shall include any administrative 
                policies and processes necessary to ensure the Council 
                can satisfy the functions and responsibilities 
                described in this order.
                    (d) The Secretary of the Interior shall maintain 
                the current Invasive Species Advisory Committee 
                established under the Federal Advisory Committee Act, 5 
                U.S.C. App., to provide information and advice for 
                consideration by the Council. The Secretary shall, 
                after consultation with other members of the Council, 
                appoint members of the advisory committee who represent 
                diverse stakeholders and who have expertise to advise 
                the Council.
                    (e) Administration of the Council. The Department 
                of the Interior shall provide funding and 
                administrative support for the Council and the advisory 
                committee consistent with existing authorities. To the 
                extent permitted by law, including the Economy Act, and 
                within existing appropriations, participating agencies 
                may detail staff to the Department of the Interior to 
                support the Council's efforts.''

[[Page 88613]]

                 Sec. 6. Duties of the National Invasive Species 
                Council. Section 4 of Executive Order 13112 is amended 
                to read as follows:

                    ``Sec. 4. Duties of the National Invasive Species 
                Council. The Council shall provide national leadership 
                regarding invasive species and shall:
                    (a) with regard to the implementation of this 
                order, work to ensure that the Federal agency and 
                interagency activities concerning invasive species are 
                coordinated, complementary, cost-efficient, and 
                effective;
                    (b) undertake a National Invasive Species 
                Assessment in coordination with the U.S. Global Change 
                Research Program's periodic national assessment, that 
                evaluates the impact of invasive species on major U.S. 
                assets, including food security, water resources, 
                infrastructure, the environment, human, animal, and 
                plant health, natural resources, cultural identity and 
                resources, and military readiness, from ecological, 
                social, and economic perspectives;
                    (c) advance national incident response, data 
                collection, and rapid reporting capacities that build 
                on existing frameworks and programs and strengthen 
                early detection of and rapid response to invasive 
                species, including those that are vectors, reservoirs, 
                or causative agents of disease;
                    (d) publish an assessment by 2020 that identifies 
                the most pressing scientific, technical, and 
                programmatic coordination challenges to the Federal 
                Government's capacity to prevent the introduction of 
                invasive species, and that incorporate recommendations 
                and priority actions to overcome these challenges into 
                the National Invasive Species Council Management Plan, 
                as appropriate;
                    (e) support and encourage the development of new 
                technologies and practices, and promote the use of 
                existing technologies and practices, to prevent, 
                eradicate, and control invasive species, including 
                those that are vectors, reservoirs, and causative 
                agents of disease;
                    (f) convene annually to discuss and coordinate 
                interagency priorities and report annually on 
                activities and budget requirements for programs that 
                contribute directly to the implementation of this 
                order; and
                    (g) publish a National Invasive Species Council 
                Management Plan as set forth in section 5 of this 
                order.''

                Sec. 7. National Invasive Species Council Management 
                Plan. Section 5 of Executive Order 13112 is amended to 
                read as follows:

                    ``Sec. 5. National Invasive Species Council 
                Management Plan. (a) By December 31, 2019, the Council 
                shall publish a National Invasive Species Council 
                Management Plan (Management Plan), which shall, among 
                other priorities identified by the Council, include 
                actions to further the implementation of the duties of 
                the National Invasive Species Council.
                    (b) The Management Plan shall recommend strategies 
                to:

(1) provide institutional leadership and priority setting;

(2) achieve effective interagency coordination and cost-efficiency;

(3) raise awareness and motivate action, including through the promotion of 
appropriate transparency, community-level consultation, and stakeholder 
outreach concerning the benefits and risks to human, animal, or plant 
health when controlling or eradicating an invasive species;

(4) remove institutional and policy barriers;

(5) assess and strengthen capacities; and

(6) foster scientific, technical, and programmatic innovation.

                    (c) The Council shall evaluate the effectiveness of 
                the Management Plan implementation and update the Plan 
                every 3 years. The Council shall provide an annual 
                report of its achievements to the public.
                    (d) Council members may complement the Management 
                Plan with invasive species policies and plans specific 
                to their respective agency's roles, responsibilities, 
                and authorities.''

[[Page 88614]]

                 Sec. 8. Actions of the Department of State and 
                Department of Defense. Section 6(d) of Executive Order 
                13112 is amended to read as follows:

                    ``(d) The duties of section 3(a)(2) and section 
                3(a)(3) of this order shall not apply to any action of 
                the Department of State if the Secretary of State finds 
                that exemption from such requirements is necessary for 
                foreign policy, readiness, or national security 
                reasons. The duties of section 3(a)(2) and section 
                3(a)(3) of this order shall not apply to any action of 
                the Department of Defense if the Secretary of Defense 
                finds that exemption from such requirements is 
                necessary for foreign policy, readiness, or national 
                security reasons.''

                 Sec. 9. Obligations of the Department of Health and 
                Human Services. A new section 6(e) of Executive Order 
                13112 is added to read as follows:

                    ``(e) The requirements of this order do not affect 
                the obligations of the Department of Health and Human 
                Services under the Public Health Service Act or the 
                Federal Food, Drug, and Cosmetic Act.''

                 Sec. 10. General Provisions. (a) Nothing in this order 
                shall be construed to impair or otherwise affect:

(1) the authority granted by law to an executive department or agency, or 
the head thereof; or

(2) the functions of the Director of the Office of Management and Budget 
relating to budgetary, administrative, or legislative proposals.

                    (b) This order shall be implemented consistent with 
                applicable law and subject to the availability of 
                appropriations.
                    (c) This order is not intended to, and does not, 
                create any right or benefit, substantive or procedural, 
                enforceable at law or in equity by any party against 
                the United States, its departments, agencies, or 
                entities, its officers, employees, or agents, or any 
                other person.
                
                
                    (Presidential Sig.)

                 THE WHITE HOUSE,

                    December 5, 2016.

[FR Doc. 2016-29519
Filed 12-7-16; 8:45 am]
Billing code 3295-F7-P