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.

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

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 2003'.

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 government, means the Government of Guam, the Government of American Samoa, or the Government of the Commonwealth of the Northern Mariana Islands.

(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 their jurisdiction.

(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 science-based 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 for the Animal and Plant Health Inspection Service, Wildlife Services, National Wildlife Research Center of the Department of Agriculture related to brown tree snakes.

(5) Continuation, expansion, and provision of sustained research funding related to brown tree snakes for the Fort Collins Science Center of the United States Geological Survey and other research institutions located in areas affected by the brown tree snake.

(6) Expansion of long-term research into chemical and biological control techniques that could lead to large-scale reduction of brown tree snake populations in Guam or other sites where the brown tree snake might become established.

(7) 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.

(8) 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.

(9) 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)(8)) 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)(8) 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- Not later than two years after of the date of the enactment of this Act, the Secretaries shall establish, by regulation, 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 such 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. These efforts shall be conducted in cooperation with the appropriate State and territorial quarantine, natural resource, conservation, and law enforcement officers.

(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) MEMBERSHIP-

(1) VOTING MEMBERS- The voting members of the Committee shall consist of at least 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 State 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) NONVOTING MEMBERS- 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 (3).

(3) ADDITIONAL MEMBERS- With the concurrence of a majority of the voting members of the Committee, the chairperson of the Committee may designate additional voting and 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.

(4) TERM- The term of a voting or nonvoting member's representative on 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.

(5) COMMITTEE MEETINGS- The Committee shall meet at least annually, at the call of the chairperson.

(c) 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.

(d) COMMITTEE CHAIRPERSON AND COORDINATOR-

(1) APPOINTMENT- The Secretaries shall--

(A) appoint a member of the Committee to serve as chairperson of the Committee, with a term of three years; and

(B) hire a Federal Interagency Brown Tree Snake Coordinator to serve on the staff of the chairperson.

(2) 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.

(3) LIMITATION- Notwithstanding paragraph (2), 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.

(e) STAFF- The Secretaries may hire staff to assist the Committee and the chairperson in carrying out their respective duties and functions.

(f) 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.

END