[Congressional Bills 108th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3479 Engrossed in House (EH)]
2d Session
H. R. 3479
_______________________________________________________________________
AN ACT
To provide for the control and eradication of the brown tree snake on
the island of Guam and the prevention of the introduction of the brown
tree snake to other areas of the United States, and for other purposes.
108th CONGRESS
2d Session
H. R. 3479
_______________________________________________________________________
AN ACT
To provide for the control and eradication of the brown tree snake on
the island of Guam and the prevention of the introduction of the brown
tree snake to other areas of the United States, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Brown Tree Snake Control and
Eradication Act of 2004''.
SEC. 2. DEFINITIONS.
In this Act:
(1) Brown tree snake.--The term ``brown tree snake'' means
the species of the snake Boiga irregularis.
(2) Compact of free association.--The term ``Compact of
Free Association'' means the Compacts of Free Association
entered into between the United States and the governments of
the Federated States of Micronesia and the Republic of the
Marshall Islands, as approved by and contained in Public Law
108-188 (117 Stat. 2720; 48 U.S.C. 1921 et seq.), and the
Compact of Free Association entered into between the United
States and the government of the Republic of Palau, as approved
by and contained in Public Law 99-658 (100 Stat. 3673; 48
U.S.C. 1931 et seq.).
(3) Freely associated states.--The term ``Freely Associated
States'' means the Republic of Palau, the Federated States of
Micronesia, and the Republic of the Marshall Islands.
(4) Introduction.--The terms ``introduce'' and
``introduction'' refer to the expansion of the brown tree snake
outside of the range where this species is endemic.
(5) Secretary.--The term ``Secretary concerned'' means--
(A) the Secretary of the Interior, with respect to
matters under the jurisdiction of the Department of the
Interior; and
(B) the Secretary of Agriculture, with respect to
matters under the jurisdiction of the Department of
Agriculture.
(6) Secretaries.--The term ``Secretaries'' means both the
Secretary of the Interior and the Secretary of Agriculture.
(7) Technical working group.--The term ``Technical Working
Group'' means Brown Tree Snake Technical Working Group
established under the authority of section 1209 of the
Nonindigenous Aquatic Nuisance Prevention and Control Act of
1990 (16 U.S.C. 4728).
(8) Territorial.--The term ``territorial'', when used to
refer to a government, means the Government of Guam, the
Government of American Samoa, and the Government of the
Commonwealth of the Northern Mariana Islands, as well as
autonomous agencies and instrumentalities of such a government.
(9) United states.--The term ``United States'', when used
in the geographic sense, means the several States, the District
of Colombia, American Samoa, Guam, the Commonwealth of the
Northern Mariana Islands, the Commonwealth of Puerto Rico, the
United States Virgin Islands, any other possession of the
United States, and any waters within the jurisdiction of the
United States.
SEC. 3. SENSE OF CONGRESS REGARDING NEED FOR IMPROVED AND BETTER
COORDINATED FEDERAL POLICY FOR BROWN TREE SNAKE
INTRODUCTION, CONTROL, AND ERADICATION.
It is the sense of Congress that there exists a need for improved
and better coordinated control, interdiction, research, and eradication
of the brown tree snake on the part of the United States and other
interested parties.
SEC. 4. BROWN TREE SNAKE CONTROL, INTERDICTION, RESEARCH AND
ERADICATION.
(a) Funding Authority.--Subject to the availability of
appropriations to carry out this section, the Secretaries shall provide
funds to support brown tree snake control, interdiction, research, and
eradication efforts carried out by the Department of the Interior and
the Department of Agriculture, other Federal agencies, States,
territorial governments, local governments, and private sector
entities. Funds may be provided through grants, contracts, reimbursable
agreements, or other legal mechanisms available to the Secretaries for
the transfer of Federal funds.
(b) Authorized Activities.--Brown tree snake control, interdiction,
research, and eradication efforts authorized by this section shall
include at a minimum the following:
(1) Expansion of science-based eradication and control
programs in Guam to reduce the undesirable impact of the brown
tree snake in Guam and reduce the risk of the introduction or
spread of any brown tree snake to areas in the United States
and the Freely Associated States in which the brown tree snake
is not established.
(2) Expansion of interagency and intergovernmental rapid
response teams in Guam, the Commonwealth of the Northern
Mariana Islands, Hawaii, and the Freely Associated States to
assist the governments of such areas with detecting the brown
tree snake and incipient brown tree snake populations.
(3) Expansion of efforts to protect and restore native
wildlife in Guam or elsewhere in the United States damaged by
the brown tree snake.
(4) Establishment and sustained funding for an Animal Plant
and Health Inspection Service, Wildlife Services, Operations
Program State Office located in Hawaii dedicated to vertebrate
pest management in Hawaii and United States Pacific territories
and possessions. Concurrently, the Animal Plant and Health
Inspection Service, Wildlife Services Operations Program shall
establish and sustain funding for a District Office in Guam
dedicated to brown tree snake control and managed by the Hawaii
State Office.
(5) Continuation, expansion, and provision of sustained
research funding related to the brown tree snake, including
research conducted at institutions located in areas affected by
the brown tree snake.
(6) Continuation, expansion, and provision of sustained
research funding for the Animal Plant and Health Inspection
Service, Wildlife Services, National Wildlife Research Center
of the Department of Agriculture related to the brown tree
snake, including the establishment of a field station in Guam
related to the control and eradication of the brown tree snake.
(7) Continuation, expansion, and provision of sustained
research funding for the Fort Collins Science Center of the
United States Geological Survey related to the brown tree
snake, including the establishment of a field station in Guam
related to the control and eradication of the brown tree snake.
(8) Expansion of long-term research into chemical,
biological, and other control techniques that could lead to
large-scale reduction of brown tree snake populations in Guam
or other areas where the brown tree snake might become
established.
(9) Expansion of short, medium, and long-term research,
funded by all Federal agencies interested in or affected by the
brown tree snake, into interdiction, detection, and early
control of the brown tree snake.
(10) Provision of planning assistance for the construction
or renovation of centralized multi-agency facilities in Guam to
support Federal, State, and territorial brown tree snake
control, interdiction, research and eradication efforts,
including office space, laboratory space, animal holding
facilities, and snake detector dog kennels.
(11) Provision of technical assistance to the Freely
Associated States on matters related to the brown tree snake
through the mechanisms contained within a Compact of Free
Association dealing with environmental, quarantine, economic,
and human health issues.
(c) Authorization of Appropriations.--There is authorized to be
appropriated to the Secretaries to carry out this section (other than
subsection (b)(10)) the following amounts:
(1) For activities conducted through the Animal and Plant
Health Inspection Service, Wildlife Services, Operations, not
more than $2,600,000 for each of the fiscal years 2006 through
2010.
(2) For activities conducted through the Animal and Plant
Health Inspection Service, Wildlife Services, National Wildlife
Research Center, Methods Development, not more than $1,500,000
for each of the fiscal years 2006 through 2010.
(3) For activities conducted through the Office of Insular
Affairs, not more than $3,000,000 for each of the fiscal years
2006 through 2010.
(4) For activities conducted through the Fish and Wildlife
Service, not more than $2,000,000 for each of the fiscal years
2006 through 2010.
(5) For activities conducted through the United States
Geological Survey, Biological Resources, not more than
$1,500,000 for each of the fiscal years 2006 through 2010.
(d) Planning Assistance.--There is authorized to be appropriated to
the Secretary of Agriculture and the Secretary of the Interior such
amounts as may be required to carry out subsection (b)(10).
SEC. 5. ESTABLISHMENT OF QUARANTINE PROTOCOLS TO CONTROL THE
INTRODUCTION AND SPREAD OF THE BROWN TREE SNAKE.
(a) Establishment of Quarantine Protocols.--Not later than two
years after the date of the enactment of this Act, but subject to the
memorandum of agreement required by subsection (b) with respect to
Guam, the Secretaries shall establish and cause to be operated at
Federal expense a system of pre-departure quarantine protocols for
cargo and other items being shipped from Guam and any other United
States location where the brown tree snake may become established to
prevent the introduction or spread of the brown tree snake. The
Secretaries shall establish the quarantine protocols system by
regulation. Under the quarantine protocols system, Federal quarantine,
natural resource, conservation, and law enforcement officers and
inspectors may enforce State and territorial laws regarding the
transportation, possession, or introduction of any brown tree snake.
(b) Cooperation and Consultation.--The activities of the
Secretaries under subsection (a) shall be carried out in cooperation
with other Federal agencies and the appropriate State and territorial
quarantine, natural resource, conservation, and law enforcement
officers. In the case of Guam, as a precondition on the establishment
of the system of pre-departure quarantine protocols under such
subsection, the Secretaries shall enter into a memorandum of agreement
with the Government of Guam to obtain the assistance and cooperation of
the Government of Guam in establishing the system of pre-departure
quarantine protocols.
(c) Implementation.--The system of pre-departure quarantine
protocols to be established under subsection (a) shall not be
implemented until funds are specifically appropriated for that purpose.
(d) Authorization of Appropriations.--There is authorized to be
appropriated to carry out this section the following amounts:
(1) To the Secretary of Agriculture, not more than
$3,000,000 for each of the fiscal years 2006 through 2010.
(2) To the Secretary of the Interior, not more than
$1,000,000 for each of the fiscal years 2006 through 2010.
SEC. 6. TREATMENT OF BROWN TREE SNAKES AS NONMAILABLE MATTER.
A brown tree snake constitutes nonmailable matter under section
3015 of title 39, United States Code.
SEC. 7. ROLE OF BROWN TREE SNAKE TECHNICAL WORKING GROUP.
(a) Purpose.--The Technical Working Group shall ensure that
Federal, State, territorial, and local agency efforts concerning the
brown tree snake are coordinated, effective, complementary, and cost-
effective.
(b) Specific Duties and Activities.--The Technical Working Group
shall be responsible for the following:
(1) The evaluation of Federal, State, and territorial
activities, programs and policies that are likely to cause or
promote the introduction or spread of the brown tree snake in
the United States or the Freely Associated States and the
preparation of recommendations for governmental actions to
minimize the risk of introduction or further spread of the
brown tree snake.
(2) The preparation of recommendations for activities,
programs, and policies to reduce and eventually eradicate the
brown tree snake in Guam or other areas within the United
States where the snake may be established and the monitoring of
the implementation of those activities, programs, and policies.
(3) Any revision of the Brown Tree Snake Control Plan,
originally published in June 1996, which was prepared to
coordinate Federal, State, territorial, and local government
efforts to control, interdict, eradicate or conduct research on
the brown tree snake.
(c) Reporting Requirement.--
(1) Report.--Subject to the availability of appropriations
for this purpose, the Technical Working Group shall prepare a
report describing--
(A) the progress made toward a large-scale
population reduction or eradication of the brown tree
snake in Guam or other sites that are infested by the
brown tree snake;
(B) the interdiction and other activities required
to reduce the risk of introduction of the brown tree
snake or other nonindigenous snake species in Guam, the
Commonwealth of the Northern Mariana Islands, Hawaii,
American Samoa, and the Freely Associated States;
(C) the applied and basic research activities that
will lead to improved brown tree snake control,
interdiction and eradication efforts conducted by
Federal, State, territorial, and local governments; and
(D) the programs and activities for brown tree
snake control, interdiction, research and eradication
that have been funded, implemented, and planned by
Federal, State, territorial, and local governments.
(2) Priorities.--The Technical Working Group shall include
in the report a list of priorities, ranked in high, medium, and
low categories, of Federal, State, territorial, and local
efforts and programs in the following areas:
(A) Control.
(B) Interdiction.
(C) Research.
(D) Eradication.
(3) Assessments.--Technical Working Group shall include in
the report the following assessments:
(A) An assessment of current funding shortfalls and
future funding needs to support Federal, State,
territorial, and local government efforts to control,
interdict, eradicate, or conduct research on the brown
tree snake.
(B) An assessment of regulatory limitations that
hinder Federal, State, territorial, and local
government efforts to control, interdict, eradicate or
conduct research on the brown tree snake.
(4) Submission.--Subject to the availability of
appropriations for this purpose, the Technical Working Group
shall submit the report to Congress not later than one year
after the date of the enactment of this Act.
(d) Meetings.--The Technical Working Group shall meet at least
annually.
(e) Inclusion of Guam.--The Secretaries shall ensure that adequate
representation is afforded to the government of Guam in the Technical
Working Group.
(f) Support.--To the maximum extent practicable, the Secretaries
shall make adequate resources available to the Technical Working Group
to ensure its efficient and effective operation. The Secretaries may
provide staff to assist the Technical Working Group in carrying out its
duties and functions.
(g) Authorization of Appropriations.--There is authorized to be
appropriated to each of the Secretaries not more than $450,000 for each
of the fiscal years 2006 through 2010 to carry out this section.
SEC. 8. MISCELLANEOUS MATTERS.
(a) Availability of Appropriated Funds.--Amounts appropriated under
this Act shall remain available until expended.
(b) Administrative Expenses.--Of the amounts appropriated to carry
out this Act for a fiscal year, the Secretaries may expend not more
than five percent to cover the administrative expenses necessary to
carry out this Act.
Passed the House of Representatives September 28, 2004.
Attest:
Clerk.