[Congressional Bills 108th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3479 Enrolled Bill (ENR)]
H.R.3479
One Hundred Eighth Congress
of the
United States of America
AT THE SECOND SESSION
Begun and held at the City of Washington on Tuesday,
the twentieth day of January, two thousand and four
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.
Speaker of the House of Representatives.
Vice President of the United States and
President of the Senate.