HR 767 RFCSCommentsClose CommentsPermalink

October 23, 2007

Received; read twice and referred to the Committee on Energy and Natural ResourcesCommentsClose CommentsPermalink

To protect, conserve, and restore native fish, wildlife, and their natural habitats at national wildlife refuges through cooperative, incentive-based grants to control, mitigate, and eradicate harmful nonnative species, and for other purposes.CommentsClose CommentsPermalink

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, CommentsClose CommentsPermalink

SECTION 1. SHORT TITLE.

This Act may be cited as the `Refuge Ecology Protection, Assistance, and Immediate Response Act'.CommentsClose CommentsPermalink

SEC. 2. FINDINGS AND PURPOSE.

(a) Findings- The Congress finds the following:CommentsClose CommentsPermalink





(1) The National Wildlife Refuge System is the premier land conservation system in the world.CommentsClose CommentsPermalink





(2) Harmful nonnative species are the leading cause of habitat destruction in national wildlife refuges.CommentsClose CommentsPermalink





(3) More than 675 known harmful nonnative species are found in the National Wildlife Refuge System.CommentsClose CommentsPermalink





(4) Nearly 8 million acres of the National Wildlife Refuge System contain harmful nonnative species.CommentsClose CommentsPermalink





(5) The cost of early identification and removal of harmful nonnative species is dramatically lower than removing an established invasive population.CommentsClose CommentsPermalink





(6) The cost of the backlog of harmful nonnative species control projects that need to be carried out in the National Wildlife Refuge System is over $361,000,000, and the failure to carry out such projects threatens the ability of the System to fulfill its basic mission.CommentsClose CommentsPermalink





(b) Purpose- The purpose of this Act is to encourage partnerships among the United States Fish and Wildlife Service, other Federal agencies, States, Indian tribes, and other interests for the following objectives:CommentsClose CommentsPermalink





(1) To protect, enhance, restore, and manage a diversity of habitats for native fish and wildlife resources within the National Wildlife Refuge System through control of harmful nonnative species.CommentsClose CommentsPermalink





(2) To promote the development of voluntary State assessments to establish priorities for controlling harmful nonnative species that threaten or negatively impact refuge resources.CommentsClose CommentsPermalink





(3) To promote greater cooperation among Federal, State, and local land and water managers, and owners of private land, water rights, or other interests, to implement ecologically based strategies to eradicate, mitigate, and control harmful nonnative species that threaten or negatively impact refuge resources through a voluntary and incentive-based financial assistance grant program.CommentsClose CommentsPermalink





(4) To establish an immediate response capability to combat incipient harmful nonnative species invasions.CommentsClose CommentsPermalink

SEC. 3. DEFINITIONS.

For the purposes of this Act:CommentsClose CommentsPermalink





(1) ADVISORY COMMITTEE- The term `Advisory Committee' means the Invasive Species Advisory Committee established by section 3 of Executive Order No. 13112, dated February 3, 1999.CommentsClose CommentsPermalink





(2) APPROPRIATE COMMITTEES- The term `appropriate Committees' means the Committee on Natural Resources of the House of Representatives and the Committee on Environment and Public Works of the Senate.CommentsClose CommentsPermalink





(3) CONTROL- The term `control' means, as appropriate, eradicating, suppressing, reducing, or managing harmful nonnative species from areas where they are present; taking steps to detect early infestations on at-risk native habitats; and restoring native species and habitats to reduce the effects of harmful nonnative species.CommentsClose CommentsPermalink





(4) ENVIRONMENTAL SOUNDNESS- The term `environmental soundness' means the extent of inclusion of methods, efforts, actions, or programs to prevent or control infestations of harmful nonnative species, that--CommentsClose CommentsPermalink





(A) minimize adverse impacts to the structure and function of an ecosystem and adverse effects on nontarget species and ecosystems; andCommentsClose CommentsPermalink





(B) emphasize integrated management techniques.CommentsClose CommentsPermalink





(5) HARMFUL NONNATIVE SPECIES- The term `harmful nonnative species' means, with respect to a particular ecosystem in a particular region, any species, including its seeds, eggs, spores, or other biological material capable of propagating that species, that is not native to that ecosystem and has a demonstrable or potentially demonstrable negative environmental or economic impact in that region.CommentsClose CommentsPermalink





(6) INDIAN TRIBE- The term `Indian tribe' has the meaning given that term in section 4 of the Indian Self-Determination and Education Assistance Act (25 U.S.C. 450b).CommentsClose CommentsPermalink





(7) NATIONAL MANAGEMENT PLAN- The term `National Management Plan' means the management plan referred to in section 5 of Executive Order No. 13112 of February 3, 1999, and entitled `Meeting the Invasive Species Challenge'.CommentsClose CommentsPermalink





(8) REFUGE RESOURCES- The term `refuge resources' means all lands and waters, including the fish and wildlife species and the ecosystems and habitats therein, that are owned and managed by the Federal Government through the United States Fish and Wildlife Service and located within the National Wildlife Refuge System administered under the National Wildlife Refuge Administration Act of 1966 (16 U.S.C. 668dd et seq.), including any waterfowl production area.CommentsClose CommentsPermalink





(9) SECRETARY- The term `Secretary' means the Secretary of the Interior, acting through the Director of the United States Fish and Wildlife Service.CommentsClose CommentsPermalink





(10) STATE- The term `State' means each of the several States of the United States, the District of Columbia, the Commonwealth of Puerto Rico, the Virgin Islands, Guam, American Samoa, the Commonwealth of the Northern Mariana Islands, any other territory or possession of the United States, and any Indian tribe.CommentsClose CommentsPermalink

SEC. 4. REFUGE ECOLOGY PROTECTION, ASSISTANCE, AND IMMEDIATE RESPONSE (REPAIR) GRANT PROGRAM.

(a) In General- The Secretary may provide--CommentsClose CommentsPermalink





(1) a grant to any eligible applicant to carry out a qualified control project in accordance with this section; andCommentsClose CommentsPermalink





(2) a grant to any State to carry out an assessment project consistent with relevant State plans that have been developed in whole or in part for the conservation of native fish, wildlife, and their habitats, and in accordance with this section, to--CommentsClose CommentsPermalink





(A) identify harmful nonnative species that occur in the State that threaten or negatively impact refuge resources;CommentsClose CommentsPermalink





(B) assess the needs to restore, manage, or enhance native fish and wildlife and their natural habitats and processes in the State to compliment activities to control, mitigate, or eradicate harmful nonnative species negatively impacting refuge resources;CommentsClose CommentsPermalink





(C) identify priorities for actions to address such needs;CommentsClose CommentsPermalink





(D) identify mechanisms to increase capacity building in a State or across State lines to conserve and protect native fish and wildlife and their habitats and to detect and control harmful nonnative species that might threaten or negatively impact refuge resources within the State; andCommentsClose CommentsPermalink





(E) incorporate, where applicable, the guidelines of the National Management Plan.CommentsClose CommentsPermalink





The grant program under this section shall be known as the `Refuge Ecology Protection, Assistance, and Immediate Response Grant Program' or the `REPAIR Program'.CommentsClose CommentsPermalink





(b) Functions of the Secretary-CommentsClose CommentsPermalink





(1) IN GENERAL- The Secretary shall--CommentsClose CommentsPermalink





(A) publish guidelines for and solicit applications for grants under this section not later than 6 months after the date of enactment of this Act;CommentsClose CommentsPermalink





(B) receive, review, evaluate, and approve applications for grants under this section;CommentsClose CommentsPermalink





(C) consult with the Advisory Committee on the projects proposed for grants under this section, including regarding the scientific merit, technical merit, feasibility, and priority of proposed projects for such grants; andCommentsClose CommentsPermalink





(D) consult with the Advisory Committee regarding the development of the database required under subsection (j).CommentsClose CommentsPermalink





(2) DELEGATION OF AUTHORITY- The Secretary may delegate to another Federal instrumentality the authority of the Secretary under this section, other than the authority to approve applications for grants and make grants.CommentsClose CommentsPermalink





(c) Functions of the Advisory Committee- The Advisory Committee shall--CommentsClose CommentsPermalink





(1) consult with the Secretary to create criteria and guidelines for grants under this section;CommentsClose CommentsPermalink





(2) consult with the Secretary regarding whether proposed control projects are qualified control projects; andCommentsClose CommentsPermalink





(3) carry out functions relating to monitoring control projects under subsection (j).CommentsClose CommentsPermalink





(d) Eligible Applicant- To be an eligible applicant for purposes of subsection (a)(1), an applicant shall--CommentsClose CommentsPermalink





(1) be a State, local government, interstate or regional agency, university, or private person;CommentsClose CommentsPermalink





(2) have adequate personnel, funding, and authority to carry out and monitor or maintain a control project; andCommentsClose CommentsPermalink





(3) have entered into an agreement with the Secretary or a designee of the Secretary, for a national wildlife refuge or refuge complex.CommentsClose CommentsPermalink





(e) Qualified Control Project-CommentsClose CommentsPermalink





(1) IN GENERAL- To be a qualified control project under this section, a project shall--CommentsClose CommentsPermalink





(A) control harmful nonnative species on the lands or waters on which it is conducted;CommentsClose CommentsPermalink





(B) include a plan for monitoring the project area and maintaining effective control of harmful nonnative species after the completion of the project, that is consistent with standards for monitoring developed under subsection (j);CommentsClose CommentsPermalink





(C) be conducted in partnership with a national wildlife refuge or refuge complex;CommentsClose CommentsPermalink





(D) be conducted on lands or waters, other than national wildlife refuge lands or waters, that, for purposes of carrying out the project, are under the control of the eligible applicant applying for the grant under this section and on adjacent national wildlife refuge lands or waters administered by the United States Fish and Wildlife Service referred to in subparagraph (C), that are--CommentsClose CommentsPermalink





(i) administered for the long-term conservation of such lands and waters and the native fish and wildlife dependent thereon; andCommentsClose CommentsPermalink





(ii) managed to prevent the future reintroduction or dispersal of harmful nonnative species from the lands and waters on which the project is carried out; andCommentsClose CommentsPermalink





(E) encourage public notice and outreach on control project activities in the affected community.CommentsClose CommentsPermalink





(2) OTHER FACTORS FOR SELECTION OF PROJECTS- In ranking qualified control projects, the Director may consider the following:CommentsClose CommentsPermalink





(A) The extent to which a project would address the operational and maintenance backlog attributed to harmful nonnative species on refuge resources.CommentsClose CommentsPermalink





(B) Whether a project will encourage increased coordination and cooperation among one or more Federal agencies and State or local government agencies or nongovernmental or other private entities to control harmful nonnative species threatening or negatively impacting refuge resources.CommentsClose CommentsPermalink





(C) Whether a project fosters public-private partnerships and uses Federal resources to encourage increased private sector involvement, including consideration of the amount of private funds or in-kind contributions to control harmful nonnative species or national wildlife refuge lands or non-Federal lands in proximity to refuge resources.CommentsClose CommentsPermalink





(D) The extent to which a project would aid the conservation of species that are listed under the Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.).CommentsClose CommentsPermalink





(E) Whether a project includes pilot testing or a demonstration of an innovative technology having the potential for improved cost-effectiveness in controlling harmful nonnative species.CommentsClose CommentsPermalink





(F) The extent to which a project considers the potential for unintended consequences of control methods on ecosystems and includes contingency measures.CommentsClose CommentsPermalink





(f) Distribution of Control Grant Awards- In making grants for control projects under this section the Secretary shall, to the greatest extent practicable, ensure--CommentsClose CommentsPermalink





(1) a balance of smaller and larger projects conducted with grants under this section; andCommentsClose CommentsPermalink





(2) an equitable geographic distribution of projects carried out with grants under this section, among all regions and States within which such projects are proposed to be conducted.CommentsClose CommentsPermalink





(g) Grant Duration-CommentsClose CommentsPermalink





(1) IN GENERAL- Each grant under this section shall be to provide funding for the Federal share of the cost of a project carried out with the grant for up to 2 fiscal years.CommentsClose CommentsPermalink





(2) RENEWAL- (A) If the Secretary, after reviewing the reports under subsection (h) regarding a control project, finds that the project is making satisfactory progress, the Secretary may renew a grant under this section for the project for an additional 3 fiscal years.CommentsClose CommentsPermalink





(B) The Secretary may renew a grant under this section to implement the monitoring and maintenance plan required for a control project under subsection (e)(1)(B) for up to 5 fiscal years after the project is otherwise completed.CommentsClose CommentsPermalink





(h) Reporting by Grantee-CommentsClose CommentsPermalink





(1) IN GENERAL- (A) A grantee carrying out a control project with a grant under this section shall report to the Secretary every 24 months or at the expiration of the grant, whichever is of shorter duration.CommentsClose CommentsPermalink





(B) A State carrying out an assessment project with a grant under this section shall submit the assessment pursuant to subsection (a)(2) to the Secretary no later than 24 months after the date on which the grant is awarded.CommentsClose CommentsPermalink





(2) REPORT CONTENTS- Each report under this subsection shall include the following information with respect to each project covered by the report:CommentsClose CommentsPermalink





(A) In the case of a control project--CommentsClose CommentsPermalink





(i) the information described in subparagraphs (B), (D), and (F) of subsection (k)(2);CommentsClose CommentsPermalink





(ii) specific information on the methods and techniques used to control harmful nonnative species in the project area; andCommentsClose CommentsPermalink





(iii) specific information on the methods and techniques used to restore native fish, wildlife, or their habitats in the project area.CommentsClose CommentsPermalink





(B) A detailed report of the funding for the grant and the expenditures made.CommentsClose CommentsPermalink





(3) INTERIM UPDATE- Each grantee under subsection (h)(1)(A) of this section shall also submit annually a brief synopsis to the Secretary, either electronically or in writing, that includes--CommentsClose CommentsPermalink





(A) a chronological list of project progress; andCommentsClose CommentsPermalink





(B) use of awarded funds.CommentsClose CommentsPermalink





(i) Cost Sharing for Projects-CommentsClose CommentsPermalink





(1) FEDERAL SHARE- Except as provided in paragraphs (2) and (3), the Federal share of the cost of a project carried out with a grant under this section shall not exceed 75 percent of such cost.CommentsClose CommentsPermalink





(2) INNOVATIVE TECHNOLOGY COSTS- The Federal share of the incremental additional cost of including in a control project any pilot testing or a demonstration of an innovative technology described in subsection (e)(2)(E) shall be 85 percent.CommentsClose CommentsPermalink





(3) PROJECTS ON REFUGE LANDS OR WATERS- The Federal share of the cost of the portion of a control project funded with a grant under this section that is carried out on national wildlife refuge lands or waters, including the cost of acquisition by the Federal Government of lands or waters for use for such a project, shall be 100 percent.CommentsClose CommentsPermalink





(4) APPLICATION OF IN-KIND CONTRIBUTIONS- The Secretary may apply to the non-Federal share of costs of a control project carried out with a grant under this section the fair market value of services or any other form of in-kind contribution to the project made by non-Federal interests that the Secretary determines to be an appropriate contribution equivalent to the monetary amount required for the non-Federal share of the activity.CommentsClose CommentsPermalink





(5) DERIVATION OF NON-FEDERAL SHARE- The non-Federal share of the cost of a control project carried out with a grant under this section may not be derived from a Federal grant program or other Federal funds.CommentsClose CommentsPermalink





(j) Monitoring and Maintenance of Control Grant Projects-CommentsClose CommentsPermalink





(1) REQUIREMENTS- The Secretary, in consultation with the Advisory Committee, shall develop requirements for the monitoring and maintenance of a control project to ensure that the requirements under subsections (e)(1)(A) and (B) are achieved.CommentsClose CommentsPermalink





(2) DATABASE OF GRANT PROJECT INFORMATION- The Secretary shall develop and maintain an appropriate database of information concerning control projects carried out with grants under this subsection, including information on project techniques, project completion, monitoring data, and other relevant information.CommentsClose CommentsPermalink





(3) USE OF EXISTING PROGRAMS- The Secretary shall use existing programs within the Department of the Interior to create and maintain the database required under this subsection.CommentsClose CommentsPermalink





(4) PUBLIC AVAILABILITY- The Secretary shall make the information collected and maintained under this subsection available to the public.CommentsClose CommentsPermalink





(k) Reporting by the Secretary-CommentsClose CommentsPermalink





(1) IN GENERAL- The Secretary shall, by not later than 3 years after the date of the enactment of this Act and biennially thereafter in the report under section 8, report to the appropriate Committees on the implementation of this section.CommentsClose CommentsPermalink





(2) REPORT CONTENTS- A report under paragraph (1) shall include an assessment of--CommentsClose CommentsPermalink





(A) trends in the population size and distribution of harmful nonnative species in the project area for each control project carried out with a grant under this section, and in the adjacent areas as defined by the Secretary;CommentsClose CommentsPermalink





(B) data on the number of acres of refuge resources and native fish and wildlife habitat restored, protected, or enhanced under this section, including descriptions of, and partners involved with, control projects selected, in progress, and completed under this section;CommentsClose CommentsPermalink





(C) trends in the population size and distribution in the project areas of native species targeted for restoration, and in areas in proximity to refuge resources as defined by the Secretary;CommentsClose CommentsPermalink





(D) an estimate of the long-term success of varying conservation techniques used in carrying out control projects with grants under this section;CommentsClose CommentsPermalink





(E) an assessment of the status of control projects carried out with grants under this section, including an accounting of expenditures by the United States Fish and Wildlife Service, State, regional, and local government agencies, and other entities to carry out such projects;CommentsClose CommentsPermalink





(F) a review of the environmental soundness of the control projects carried out with grants under this section;CommentsClose CommentsPermalink





(G) a review of efforts made to maintain an appropriate database of grants under this section; andCommentsClose CommentsPermalink





(H) a review of the geographical distribution of Federal money, matching funds, and in-kind contributions for control projects carried out with grants under this section.CommentsClose CommentsPermalink





(l) Cooperation of Non-Federal Interests- The Secretary may not make a grant under this section for a control project on national wildlife refuge lands or lands in proximity to refuge resources before a non-Federal interest has entered into a written agreement with a national wildlife refuge or refuge complex under which the non-Federal interest agrees to--CommentsClose CommentsPermalink





(1) monitor and maintain the control project in accordance with the plan required under subsection (e)(1)(B); andCommentsClose CommentsPermalink





(2) provide any other items of cooperation the Secretary considers necessary to carry out the project.CommentsClose CommentsPermalink

SEC. 5. CREATION OF AN IMMEDIATE RESPONSE CAPABILITY TO HARMFUL NONNATIVE SPECIES.

(a) Establishment- The Secretary may provide financial assistance for a period of one fiscal year to enable an immediate response to outbreaks of harmful nonnative species that threaten or may negatively impact refuge resources that are at a stage at which rapid eradication or control is possible, and ensure eradication or immediate control of the harmful nonnative species.CommentsClose CommentsPermalink





(b) Requirements for Assistance- The Secretary shall provide assistance under this section, with the concurrence of the Governor of a State, to local and State agencies, universities, or nongovernmental entities for the eradication of an immediate harmful nonnative species threat only if--CommentsClose CommentsPermalink





(1) there is a demonstrated need for the assistance;CommentsClose CommentsPermalink





(2) the harmful nonnative species is considered to be an immediate threat to refuge resources, as determined by the Secretary; andCommentsClose CommentsPermalink





(3) the proposed response to such threat--CommentsClose CommentsPermalink





(A) is technically feasible; andCommentsClose CommentsPermalink





(B) minimizes adverse impacts to the structure and function of national wildlife refuge ecosystems and adverse effects on nontarget species.CommentsClose CommentsPermalink





(c) Amount of Financial Assistance- The Secretary shall determine the amount of financial assistance to be provided under this section with respect to an outbreak of a harmful nonnative species, subject to the availability of appropriations.CommentsClose CommentsPermalink





(d) Cost Share- The Federal share of the cost of any activity carried out with assistance under this section may be up to 100 percent.CommentsClose CommentsPermalink





(e) Monitoring and Reporting- The Secretary shall require that persons receiving assistance under this section monitor and report on activities carried out with assistance under this section in accordance with the requirements that apply with respect to control projects carried out with assistance under section 4.CommentsClose CommentsPermalink

SEC. 6. COOPERATIVE VOLUNTEER HARMFUL NON-NATIVE SPECIES MONITORING AND CONTROL PROGRAM.

(a) In General- Consistent with the National Wildlife Refuge System Volunteer and Community Partnership Enhancement Act of 1998 (Public Law 105-242), the Secretary shall establish a cooperative volunteer harmful non-native species monitoring and control program to administer and coordinate projects implemented by partner organizations concerned with national wildlife refuges to address harmful non-native species that threaten national wildlife refuges or adjacent lands.CommentsClose CommentsPermalink





(b) Eligible Activities- Each project administered and coordinated under this section shall include one of the following activities:CommentsClose CommentsPermalink





(1) Habitat surveys.CommentsClose CommentsPermalink





(2) Detection and identification of new introductions or infestations of harmful nonnative species.CommentsClose CommentsPermalink





(3) Harmful non-native species control projects.CommentsClose CommentsPermalink





(4) Public education and outreach to increase awareness concerning harmful non-native species and their threat to the refuge system.CommentsClose CommentsPermalink

SEC. 7. RELATIONSHIP TO OTHER AUTHORITIES.

(a) Authorities, etc. of Secretary- Nothing in this Act affects authorities, responsibilities, obligations, or powers of the Secretary under any other statute.CommentsClose CommentsPermalink





(b) State Authority- Nothing in this Act preempts any provision or enforcement of State statute or regulation relating to the management of fish and wildlife resources within such State.CommentsClose CommentsPermalink

SEC. 8. BIENNIAL REPORT.

The Secretary shall prepare and submit to the Congress by not later than 2 years after the date of the enactment of this Act and biennially thereafter--CommentsClose CommentsPermalink





(1) a comprehensive report summarizing all grant activities relating to invasive species initiated under this Act including--CommentsClose CommentsPermalink





(A) State assessment projects;CommentsClose CommentsPermalink





(B) qualified control projects;CommentsClose CommentsPermalink





(C) immediate response activities; andCommentsClose CommentsPermalink





(D) projects identified in the Refuge Operations Needs database or the Service Asset and Maintenance Management System database of the United States Fish and Wildlife Service.CommentsClose CommentsPermalink





(2) a list of grant priorities, ranked in high, medium, and low categories, for future grant activities in the areas of--CommentsClose CommentsPermalink





(A) early detection and rapid response;CommentsClose CommentsPermalink





(B) control, management, and restoration;CommentsClose CommentsPermalink





(C) research and monitoring;CommentsClose CommentsPermalink





(D) information management; andCommentsClose CommentsPermalink





(E) public outreach and partnership efforts; andCommentsClose CommentsPermalink





(3) information required to be included under section 4(k).CommentsClose CommentsPermalink

SEC. 9. AUTHORIZATION OF APPROPRIATIONS.

(a) In General- There are authorized to be appropriated to carry out this Act such sums as may be necessary.CommentsClose CommentsPermalink





(b) Allowance for Immediate Response- Of the amounts appropriated to carry out this Act no more than 25 percent shall be available in any fiscal year for financial assistance under section 5.CommentsClose CommentsPermalink





(c) Continuing Availability- Amounts appropriated under this Act may remain available until expended.CommentsClose CommentsPermalink





(d) Administrative Expenses- Of amounts available each fiscal year to carry out this Act, the Secretary may expend not more than 3 percent or up to $100,000, whichever is greater, to pay the administrative expenses necessary to carry out this Act.CommentsClose CommentsPermalink

Passed the House of Representatives October 22, 2007.CommentsClose CommentsPermalink

Attest:CommentsClose CommentsPermalink

LORRAINE C. MILLER,CommentsClose CommentsPermalink

Clerk.CommentsClose CommentsPermalink