[Congressional Bills 108th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3479 Reported in House (RH)]
Union Calendar No. 423
108th CONGRESS
2d Session
H. R. 3479
[Report No. 108-687]
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.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
November 7, 2003
Ms. Bordallo (for herself, Mr. Abercrombie, and Mr. Case) introduced
the following bill; which was referred to the Committee on Resources,
and in addition to the Committee on Agriculture, for a period to be
subsequently determined by the Speaker, in each case for consideration
of such provisions as fall within the jurisdiction of the committee
concerned
September 15, 2004
Additional sponsors: Mr. Acevedo-Vila, Mrs. Christensen, Mr.
Faleomavaega, Mr. Ortiz, and Mr. Rodriguez
September 15, 2004
Reported from the Committee on Resources with an amendment
[Strike out all after the enacting clause and insert the part printed
in italic]
September 15, 2004
Referral to the Committee on Agriculture extended for a period ending
not later than September 15, 2004
September 15, 2004
The Committee on Agriculture discharged; committed to the Committee of
the Whole House on the State of the Union and ordered to be printed
[For text of introduced bill, see copy of bill as introduced on
November 7, 2003]
_______________________________________________________________________
A BILL
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. FINDINGS.
Congress finds the following:
(1) The brown tree snake, an invasive species, is believed
to have been introduced to the island of Guam as a passive
stowaway in a military cargo ship that moved materiel after
World War II. The historic range of the brown tree snake is
portions of Indonesia, New Guinea, the Solomon Islands, and
Australia.
(2) Upon arrival in Guam, the brown tree snake encountered
an abundant food supply and an absence of natural predators.
(3) The brown tree snake's accidental introduction to Guam
placed the species beyond its historic range, triggering a
cascade of extinctions and an ecological disaster. The brown
tree snake has been the principal cause of the destruction of
Guam's native bird population and has imposed significant
stress on Guam's economic and agricultural interests, thereby
harming the integrity and environmental stability of Guam's
ecosystems and economy.
(4) The presence of the brown tree snake is a documented
economic and human health hazard in Guam. The brown tree snake
occurs in Guam at extremely high densities. Due to its high
abundance the brown tree snake has been accidentally
transported from Guam to other sites worldwide through infested
civilian and military vessels and cargo. The brown tree snake
is a growing threat to the biodiversity, economy, and human
health within the Pacific region. The brown tree snake poses a
direct, significant, and growing threat of dispersal to other
areas outside of its historic range, including the Commonwealth
of the Northern Mariana Islands, the State of Hawaii, and the
mainland of the United States.
(5) A number of Federal agencies, including the Department
of the Interior, the Department of Agriculture, and the
Department of Defense, and the governments of Guam, Hawaii, the
Northern Mariana Islands, and the Freely Associated States have
operational, environmental, economic, and human health
interests in and responsibilities for controlling the brown
tree snake.
(6) The present Brown Tree Snake Control Committee was
established in response to section 1209 of the Nonindigenous
Aquatic Nuisance Prevention and Control Act of 1990 (16 U.S.C.
4728), and the multi-agency Memorandum of Agreement on Brown
Tree Snake Control, originally signed in 1992 and renewed in
1999, will expire in March 2004. It is a purpose of this Act to
legislatively establish the Brown Tree Snake Control and
Eradication Committee to ensure the ongoing activities and
enhance the effectiveness of the present Committee.
(7) Annual funding for brown tree snake control and
research has come from relatively few Federal agencies, which
have then distributed those funds amongst a number of agencies
actually conducting the work. While current funding is
commendable on the part of these agencies, the absence of
direct funding through the agencies actually conducting the
work has impaired the progress of both operational and research
efforts by limiting stability in staffing and year-to-year
program implementation. It is a purpose of this Act to
authorize funding for brown tree snake control, interdiction,
research, and eradication though and by the agencies performing
the specific tasks.
SEC. 3. DEFINITIONS.
In this Act:
(1) Brown tree snake.--The term ``brown tree snake'' means
the species of the snake Boiga irregularis that is an invasive
species in Guam and a threat to spread elsewhere.
(2) Committee.--The term ``Committee'' means the Brown Tree
Snake Control and Eradication Committee established under
section 6.
(3) Compact of free association.--The term ``Compact of
Free Association'' means a Compact of Free Association entered
into between the United States and the government of a Freely
Associated State.
(4) Freely associated state.--The term ``Freely Associated
State'' means the Republic of Palau, the Federated States of
Micronesia, or the Republic of the Marshall Islands.
(5) Introduction.--The terms ``introduce'' and
``introduction'' refer to the expansion of brown tree snakes
outside of the range where this species is endemic.
(6) 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.
(7) Secretaries.--The term ``Secretaries'' means both the
Secretary of the Interior and the Secretary of Agriculture.
(8) Territorial.--The term ``territorial'', when used to
refer to a government, means the Government of Guam, the
Government of American Samoa, or the Government of the
Commonwealth of the Northern Mariana Islands. The term includes
such quasi-governmental entities as the University of Guam.
(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, the Freely Associated States, any
other possession of the United States, and any waters within
the jurisdiction of the United States.
SEC. 4. STATEMENT OF POLICY REGARDING FEDERAL OBLIGATIONS RELATED TO
BROWN TREE SNAKES INTRODUCTION, CONTROL, AND ERADICATION.
(a) Sense of Congress.--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.
(b) United States Policy.--It is the policy of the United States to
fund and support coordinated and concerted programs and activities to
control, interdict, and eradicate the brown tree snake in Guam and to
prevent the introduction of brown tree snakes to other areas of the
United States.
(c) Preventing Introduction.--Notwithstanding any other provision
of law, to the extent practicable, no Federal agency may authorize,
fund, or carry out any action that would likely cause or promote the
introduction or spread of the brown tree snake in the United States.
All Federal agencies must consider brown tree snake interdiction
issues, to the extent possible, when planning any activity that may
cause the accidental introduction of brown tree snakes to uninfested
areas in the United States.
(d) Control and Eradication.--All Federal agencies, to the extent
possible, that manage lands where brown tree snakes occur shall fund
the control and eradication of this species.
(e) Access.--All Federal agencies, to the extent possible, shall
facilitate access to Federal, State, and territorial employees, or
their designees, who conduct control, interdiction, or research
regarding brown tree snakes on lands and facilities under the
jurisdiction of the Federal agency through a memorandum of
understanding with the respective State or Territorial government in
accordance with the guidelines developed under subsection (g).
(f) Cooperative Support.--All Federal agencies, to the extent
possible, shall provide cooperative support, such as office space,
laboratory space, laboratory animal holding facilities, kennel
facilities, short- and long-term housing for staff, power, water, and
communication lines, to Federal agencies conducting brown tree snake
control, interdiction, research, and eradication.
(g) Guidelines.--The Brown Tree Snake Control and Eradication
Committee shall develop, in consultation with the Invasive Species
Council established pursuant to Executive Order No. 13112 (42 U.S.C.
4321 note), guidelines for Federal agencies to analyze their actions
and carry out their duties under this section.
SEC. 5. 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 brown tree snakes to areas in the United 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, and Hawaii to assist local governments with
detecting brown tree snakes 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) Continuation, expansion, and provision of sustained
research funding related to brown tree snakes, including
research conducted at institutions located in areas affected by
the brown tree snake.
(5) 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.
(6) Expansion of short, medium, and long-term research,
funded by all Federal agencies interested in or affected by
brown tree snakes, into interdiction, detection, and early
control of brown tree snakes.
(7) 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.
(8) Provision of technical assistance to the Freely
Associated States on matters related to brown tree snakes
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)(7)) 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 2005 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 $2,200,000
for each of the fiscal years 2005 through 2010.
(3) For activities conducted through the Office of Insular
Affairs, not more than $4,600,000 for each of the fiscal years
2005 through 2010.
(4) For activities conducted through the Fish and Wildlife
Service, not more than $2,600,000 for each of the fiscal years
2005 through 2010.
(5) For activities conducted through the United States
Geological Survey, Biological Resources, not more than
$1,300,000 for each of the fiscal years 2005 through 2010.
(d) Construction Planning Assistance.--There is authorized to be
appropriated to carry out subsection (b)(7) the following amounts:
(1) To the Secretary of Agriculture, not more than
$2,300,000 for each of the fiscal years 2005 through 2010.
(2) To the Secretary of the Interior, not more than
$2,300,000 for each of the fiscal years 2005 through 2010.
SEC. 6. LEGAL MECHANISMS TO CONTROL THE INTRODUCTION AND SPREAD OF
BROWN TREE SNAKES.
(a) Designation of Agricultural Pest.--The brown tree snake is
hereby designated as an agricultural pest in the United States under
section 28 of the Federal Insecticide, Fungicide, and Rodenticide Act
(7 U.S.C. 136w-3).
(b) Quarantine Protocols.--
(1) Establishment.--The Secretaries shall establish a
system of pre-departure quarantine protocols for persons
traveling from, and baggage, cargo and other items being
shipped from, Guam and other United States locations where
brown tree snakes may have become established to prevent the
introduction or spread of the brown tree snake. Under the
quarantine protocols system, Federal quarantine,
natural resource, conservation, and law enforcement officers and
inspectors may enforce State and territorial laws regarding the illegal
importation, possession, or introduction of brown tree snakes.
(2) Cooperation and consultation.--The activities of the
Secretaries under paragraph (1) shall be carried out in
cooperation with the appropriate State and territorial
quarantine, natural resource, conservation, and law enforcement
officers. In the case of Guam, 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 of the system of pre-departure quarantine
protocols under paragraph (1).
(3) Implementation.--The system of pre-departure quarantine
protocols to be established under paragraph (1) shall not be
implemented until funds are specifically appropriated for that
purpose.
(c) Nonmailable Matter.--Consistent with subsection (c), brown tree
snakes constitute nonmailable matter under section 3015 of title 39,
United States Code.
SEC. 7. BROWN TREE SNAKE CONTROL AND ERADICATION COMMITTEE.
(a) Establishment.--The Secretaries shall establish a committee, to
be known as the Brown Tree Snake Control and Eradication Committee, for
the purpose of providing coordination among Federal agencies, and
between the United States Government and State, territorial, and local
governments, with respect to efforts related to brown tree snake
control, interdiction, research, and eradication in Guam, the
Commonwealth of the Northern Mariana Islands, Hawaii, the Freely
Associated States, and other areas of the United States in which the
brown tree snake is, or may be, introduced.
(b) Voting Members.--
(1) Appointment.--Subject to paragraph (2), the voting
members of the Committee shall consist of one representative
from each of the following agencies:
(A) The Office of Insular Affairs, appointed by the
Secretary of the Interior.
(B) The United States Fish and Wildlife Service,
appointed by the Secretary of the Interior.
(C) The United States Geological Survey, appointed
by the Secretary of the Interior.
(D) The Animal and Plant Health Inspection Service,
Wildlife Services, Operations Branch, appointed by the
Secretary of Agriculture.
(E) The Animal and Plant Health Inspection Service,
Wildlife Services, National Wildlife Research Center,
appointed by the Secretary of Agriculture.
(F) The Department of Commerce, appointed by the
Secretary of Commerce.
(G) The Department of Transportation, appointed by
the Secretary of Transportation.
(H) The Department of Homeland Security, appointed
by the Secretary of Homeland Security.
(I) The Armed Forces Pest Management Board of the
Department of Defense, appointed by the Secretary of
Defense.
(J) The Department of the Air Force, appointed by
the Secretary of the Air Force.
(K) The Department of the Navy, appointed by the
Secretary of the Navy.
(L) The Department of Agriculture of the Government
of Guam, appointed by the Governor of Guam.
(M) The Department of Land and Natural Resources of
the State of Hawaii, appointed by the Governor of
Hawaii.
(N) The Department of Agriculture of the State of
Hawaii, appointed by the Governor of Hawaii.
(O) The Department of Land and Natural Resources of
the Commonwealth of the Northern Mariana Islands,
appointed by the Governor of the Commonwealth of the
Northern Mariana Islands.
(P) Such additional voting members as may be
designated under paragraph (3).
(2) Bloc voting requirements.--The members of the Committee
appointed by the same executive branch official or State or
territorial governor shall be required to vote as a single
entity, so that a total of nine votes may be cast by the
representatives specified in subparagraphs (A) through (O) of
paragraph (1) plus the votes cast by any additional voting
members designated under paragraph (3).
(3) Additional voting members.--With the concurrence of a
majority of the voting members of the Committee, the
chairperson of the Committee may designate additional voting
members to the Committee from Federal, State, territorial, or
local government agencies, and private sector entities with
significant responsibilities concerning brown tree snake
control, interdiction, research, and eradication.
(c) Nonvoting Members.--
(1) Appointment.--Nonvoting membership to the Committee
shall be extended to representatives of the Freely Associated
States as follows:
(A) The Republic of Palau, appointed by the
President of Palau.
(B) The Federated States of Micronesia, appointed
by the President of the Federated States of Micronesia.
(C) The Republic of the Marshall Islands, appointed
by the President of the Marshall Islands.
(D) Such additional non-voting members as may be
designated under paragraph (2).
(2) Additional nonvoting members.--With the concurrence of
a majority of the voting members of the Committee, the
chairperson of the Committee may designate additional nonvoting
members to the Committee from Federal, State, territorial, or
local government agencies, and private sector entities with
significant responsibilities concerning brown tree snake
control, interdiction, research, and eradication.
(d) Term and Meetings.--
(1) Term.--The term of a member of the Committee shall be
three years. A member may be reappointed for additional terms.
Vacancies shall be filed in the same manner as the original
appointment.
(2) Committee meetings.--The Committee shall meet at least
annually, at the call of the chairperson.
(e) Duties and Functions of the Committee.--The Committee shall
ensure that Federal, State, territorial, and local agency efforts
concerning the brown tree snake are coordinated, effective,
complementary, and cost-effective. Specific functions of the Committee
include the following:
(1) Evaluate 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 and recommend governmental actions to minimize the risk
of introduction or further spread of the brown tree snake.
(2) Recommend 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 to monitor the implementation of those
activities, programs, and policies.
(3) Within 18 months after the date of the enactment of
this Act, revise the Brown Tree Snake Control Plan that was
prepared by the Brown Tree Snake Control Committee of the
Aquatic Nuisance Species Task Force, as required by section
1209 of the Nonindigenous Aquatic Nuisance Prevention and
Control Act of 1990 (16 U.S.C. 4728), to coordinate Federal,
State, territorial, and local government efforts to control,
interdict, eradicate or conduct research on the brown tree
snake, and subsequently revise and update this Plan every five
years thereafter.
(4) Develop and submit to Congress a biennial report
containing the following:
(A) Description of progress that will lead toward
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) Description of interdiction and other
activities that will reduce the risk of introduction of
brown tree snakes or other nonindigenous snake species
in Guam, the Commonwealth of the Northern Mariana
Islands, Hawaii, and American Samoa.
(C) Description of applied and basic research that
will lead to improved brown tree snake control,
interdiction and eradication efforts conducted by
Federal, State, territorial, and local governments.
(D) 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.
(E) A list of priorities, ranked in high, medium,
and low categories, of Federal, State, territorial, and
local efforts and programs in the following areas:
(i) Control.
(ii) Interdiction.
(iii) Research.
(iv) Eradication.
(F) 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.
(G) 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.
(f) Committee Chairperson and Coordinator.--
(1) Election of chairperson.--The voting members of the
Committee shall elect a member of the Committee to serve as
chairperson of the Committee. The chairperson shall have a term
of three years.
(2) Appointment of coordinator.--The Secretaries shall hire
a Federal Interagency Brown Tree Snake Coordinator to serve on
the staff of the chairperson.
(3) Duties.--The chairperson shall ensure that Federal,
State, territorial, and local agency efforts concerning the
brown tree snake are maximally coordinated, effective,
complementary, and cost-effective through the Committee.
Specific duties of the chairperson include the following:
(A) Coordinate and oversee the meetings of the
Committee.
(B) Coordinate and oversee the Committee's work to
produce the biennial brown tree snake control,
research, interdiction, and eradication reporting
documents for Congress.
(C) Coordinate and oversee revision of the Brown
Tree Snake Control Plan.
(D) Coordinate and oversee preparation of other
reports and documents dealing with brown tree snakes.
(E) Under direction of the Secretaries, and in
collaboration with the Committee, evaluate Federal,
State, and territorial activities, programs, and
policies that are likely to--
(i) cause or promote the introduction or
spread of the brown tree snake in the United
States and recommend actions by Federal, State,
territorial, or Freely Associated State
governments to prevent the introduction and
spread of brown tree snakes; and
(ii) reduce and eventually eradicate the
brown tree snake in Guam and in any other areas
in the United States where the snake may be
established.
(F) Monitor the implementation of those policies by
Federal, State, territorial, and local agencies and
other persons.
(G) Provide, or arrange for the provision of,
technical assistance dealing with brown tree snake
control, interdiction, research, and eradication to
Federal, State, territorial, and Freely Associated
State governments.
(H) Serve as the primary contact for the
Secretaries for inquires or requests by Congress and
the Administration regarding brown tree snakes.
(I) Serve as the primary representative for the
Secretaries on brown tree snake issues to the National
Invasive Species Council and provide assistance to the
National Invasive Species Council related to brown tree
snakes.
(4) Limitation.--Notwithstanding paragraph (3), the
chairperson shall not have control over funding decisions or
spending authority with respect to funds provided by any of the
Committee members for the purposes of this Act. Federal and
other agencies represented on the Committee shall retain
control over decisions regarding their respective funds,
although the chairperson may participate in planning and
implementation of activities with respect to such funds.
(g) Staff.--The Secretaries may hire staff to assist the Committee
and the chairperson in carrying out their respective duties and
functions.
(h) 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 2005 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.
<all>
Union Calendar No. 433
108th CONGRESS
2d Session
H. R. 3479
[Report No. 108-687]
_______________________________________________________________________
A BILL
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.
_______________________________________________________________________
September 15, 2004
The Committee on Agriculture discharged; committed to the Committee of
the Whole House on the State of the Union and ordered to be printed