[Senate Report 115-73]
[From the U.S. Government Publishing Office]
Calendar No. 91
115th Congress } { Report
SENATE
1st Session } { 115-73
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WILDLIFE INNOVATION AND LONGEVITY DRIVER ACT
_______
May 17, 2017.--Ordered to be printed
_______
Mr. Barrasso, from the Committee on Environment and Public Works,
submitted the following
R E P O R T
[To accompany S. 826]
[Including cost estimate of the Congressional Budget Office]
The Committee on Environment and Public Works, to which was
referred the bill (S. 826) to reauthorize the Partners for Fish
and Wildlife Program and certain wildlife conservation funds,
to establish prize competitions relating to the prevention of
wildlife poaching and trafficking, wildlife conservation, the
management of invasive species, and the protection of
endangered species, and for other purposes, having considered
the same, reports favorably thereon with an amendment in the
nature of a substitute and recommends that the bill, as
amended, do pass.
Background and Need For Legislation
States and localities throughout the United States, and
nations around the world, grapple with wildlife conservation
and management challenges, including those posed by invasive
species, wildlife poaching, and illegal trafficking.
An ``invasive species'' has been defined under Executive
Order 13112 as ``an alien species whose introduction does or is
likely to cause economic or environmental harm or harm to human
health.'' Roughly 50,000 non-native species have been
introduced to the United States with an annual economic cost
estimated at more than $120 billion, according to the
Congressional Research Service (CRS).\1\
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\1\Congressional Research Service Report, Invasive Species: Major
Laws and the Role of Selected Federal Agencies, Summary (January 17,
2017).
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CRS further reports that U.S. agricultural crop and
livestock production suffers the largest damage, amounting to
$65 billion annually. In an effort to prevent, control, and
eradicate invasive species domestically, the U.S. government
spent an estimated $2.3 billion across a range of federal
agencies and activities in FY2016. These efforts consist of,
but are not limited to, species prevention, control and
management, outreach, research, early detection, and habitat
restoration.
During the March 15, 2017 hearing before the Committee
entitled ``Examining Innovative Solutions to Control Invasive
Species and Promote Wildlife Conservation,'' Dr. Jamie K.
Reaser, Executive Director of the National Invasive Species
Council Secretariat at the U.S. Department of the Interior,
testified that invasive species play a role in at least 42
percent of listings of species under the Endangered Species
Act.
Poaching presents another concerning wildlife management
issue. In the United States, poaching takes place across the
country and includes the illegal taking of black bears for
their gallbladders, hides and paws, selling Bighorn Sheep
antlers, shark finning off the coast of California, and deer
poaching out of hunting season.
Internationally, poaching is an even more prominent issue
due to high-profile species such as rhinos and elephants. In
2017, poachers broke into a zoo in France and killed a white
rhino in order to saw off its horn. And in Kenya, a 50-year-old
elephant was illegally killed by a poisoned arrow for his tusks
worth $130,000.
The U.S. government estimates that the illegal trade in
endangered wildlife products is worth at least an estimated $7
billion, and tends to disproportionately impact the developing
world. Many of these foreign countries possess valuable natural
resources, but do not have the means to manage such resources.
The proliferation of invasive species has also been associated
with the illegal wildlife trade.
S. 826 promotes better wildlife conservation and
management, including by addressing invasive species, wildlife
poaching, and illegal trafficking. The legislation incorporates
various, innovative solutions to wildlife conservation and
management challenges faced by states and localities throughout
the United States, and nations around the world.
Partners for Fish and Wildlife Program
The Partners for Fish and Wildlife Act authorizes the
Secretary of the Interior to provide technical and financial
assistance to private landowners to restore, enhance, and
manage private land to improve fish and wildlife habitats
through the Partners for Fish and Wildlife Program. This is
achieved by connecting community-based biologists with
landowners to plan, implement, and monitor fish and wildlife
conservation projects on private land.
During the March 15, 2017 hearing before the Committee
entitled ``Examining Innovative Solutions to Control Invasive
Species and Promote Wildlife Conservation,'' Fish and Wildlife
Service Acting Director Jim Kurth testified that the Partners
for Fish and Wildlife Program ``is one of the most effective
programs'' that the Fish and Wildlife Service administers.
Director Kurth stated that 50,000 landowners, whose properties
comprise tens of millions of acres of private lands, have
worked through the program since its inception to improve
habitat, benefitting hundreds of species. In addition, Brian
Nesvik, Chief Game Warden for the Wyoming Game and Fish
Department, testified that landowners are incentivized to
participate in this program because it is voluntary, it has a
matching requirement, it provides flexibility, and it focuses
on partnership.
In 1987, the Partners for Fish and Wildlife Program was
established. In 2006, Congress reauthorized the program for
five years at no more than $75 million annually when it passed
the Partners for Fish and Wildlife Act (P.L. 109-294). Congress
has appropriated approximately $50 million per year for the
program. The program's authorization expired in 2011.
Fish and wildlife coordination
Invasive species pose an ongoing and significant challenge
to wildlife managers throughout the United States. On February
3, 1999, President Clinton issued Executive Order 13112
requiring executive agencies to take actions to prevent both
the introduction and spread of invasive species, as well as to
eradicate and control those already established. On December 5,
2016, President Obama issued Executive Order 13751 requiring
the federal government to continue coordinated efforts to
control invasive species. Federal agency coordination can be
further improved by requiring those agencies to implement
strategic invasive species programs, prioritizing the least-
costly of effective methods for controlling and managing
invasive species, and ensuring most funding is directed towards
on-the-ground control and management of invasive species.
Multinational Species Conservation Funds
The Multinational Species Conservation Funds are federal
programs administered by the Fish and Wildlife Service that
make targeted investments in conservation of several global
priority species. The first fund, for African elephants, was
authorized by Congress in 1989 to address rampant ivory
poaching. Since that time, four more funds have been authorized
to help protect Asian elephants, great apes, marine turtles,
tigers and rhinos. Since 1989, these programs have awarded over
2,300 grants, targeting key regions to ensure the protection of
these animals, but the authorizations for these programs have
expired.
Prize competitions
Those dedicated to improving wildlife management and
enforcing related laws are employing a diverse array of
cutting-edge technologies.
Innovative methods have been developed for fighting
invasive species both on land and at sea. For example,
technology allows the selective identification and capture of
non-native fish, such as the lionfish, through software
recognition. In addition, genetics are being used to thwart the
spread of invasive organisms, while DNA technologies is giving
wildlife management the ability to monitor the progress of
specific invasive species with unprecedented precision. These
innovations are constantly evolving and improving.
Drones are being developed and deployed to fight poaching
in the United States and abroad, DNA analysis is allowing
authorities to identify the origins of confiscated illicit
ivory supplies, and thermal imaging is permitting law
enforcement to detect the entry of poachers into protected
areas. Even common-place technologies such as cellphones are
being used in imaginative ways, such as outfitting recycled
units with solar panels and antennas to transmit sounds of
prohibited activities to proper authorities. This technology is
expected to lead to more rapid responses to criminal activity
and greater apprehension rates.
Section 105 of the America COMPETES Reauthorization Act
(P.L. 111-358) amended the Wydler Technology Innovation Act of
1980 by giving federal agencies the authority to conduct prize
competitions in order to spur innovation and advance their core
missions. The mission of the Department of the Interior
includes ``protect[ing] and manag[ing] the Nation's natural
resources and cultural heritage . . . .''
During the March 15, 2017 hearing before the Committee
entitled ``Examining Innovative Solutions to Control Invasive
Species and Promote Wildlife Conservation,'' Carter Roberts,
President and CEO of the World Wildlife Fund testified that
prize competitions are extremely helpful in leading to
important technological breakthroughs that improve wildlife
conservation and management.
Objectives of the Legislation
The objectives of S. 826 are to promote wildlife
conservation, assist in the management of invasive species, and
help protect endangered species.
Section-by-Section Analysis
Section 1001. Partners for Fish and Wildlife Program reauthorization
This section reauthorizes the Partners for Fish and
Wildlife Program. It authorizes appropriations of not more than
$100,000,000 for each of fiscal years 2018 through 2022.
Section 2002. Amendments to the Fish and Wildlife Coordination Act
This section amends the Fish and Wildlife Coordination Act
(16 U.S.C. 661) by adding a new section 10 relating to the
protection of water, oceans, coasts, and wildlife from invasive
species.
This section requires certain federal agencies to plan and
carry out activities on lands managed by their agencies to
protect water and wildlife by controlling and managing invasive
species. It requires them to develop strategic plans to achieve
an annual net reduction in invasive species, by reducing either
their populations or their areas of infestation. It requires
them to use effective invasive species management and control
methods that: are based on sound scientific data; minimize
environmental impacts; and do so in the least costly manner. It
also requires them to perform comparative economic assessments
of invasive species control and management methods. Finally, it
requires them to use all tools and flexibilities available to
expedite projects and activities that are in areas at a high
risk for invasive species and require immediate action. The
Committee intends agencies to evaluate the need for, and, if
warranted, develop new categorical exclusions for such projects
and activities using existing authorities provided by the
National Environmental Policy Act as of the date of enactment
of this Act.
This section requires certain federal agencies to use at
least 75 percent of the appropriated or available funds for on-
the-ground control and management of invasive species. It
allows them to use up to 15 percent of such funds for
investigations, development activities, and outreach and public
awareness efforts relating to invasive species control and
management. It allows them to use 10 percent of such funds for
administrative costs.
This section also requires certain federal agencies to
submit reports to Congress within a specified period describing
how funds for programs relating to invasive species management
are used. It authorizes them to enter into any contract or
cooperative agreement to assist with the control and management
of invasive species. It requires that each project and activity
carried out pursuant to this section shall be in coordination
with affected local governments.
Section 3001. Multinational Species Conservation Funds reauthorization
This section reauthorizes appropriations for the
Multinational Species Conservation Funds. It reauthorizes the
African Elephant Conservation Act (16 U.S.C. 4245(a)) from
fiscal year 2018 through fiscal year 2022. It reauthorizes the
Rhinoceros and Tiger Conservation Act of 1994 (16 U.S.C.
5306(a)) from fiscal year 2018 though fiscal year 2022. It
reauthorizes the Asian Elephant Conservation Act of 1997 (16
U.S.C. 4266(a)) from fiscal year 2018 through fiscal year 2022.
It reauthorizes the Great Ape Conservation Act of 2000 (16
U.S.C. 6305) from fiscal year 2018 through fiscal year 2022 and
includes a multiyear grant process for eligible applicants to
carry out projects that demonstrate effective, long-term
conservation strategies for great apes and their habitats. It
reauthorizes the Marine Turtle Conservation Act of 2004 (16
U.S.C. 6606) from fiscal year 2018 through fiscal year 2022 and
expands the scope of the Act to include marine turtles located
in territories of the United States.
Section 4001. Definitions
This section defines terms used in Title IV.
Section 4002. Theodore Roosevelt Genius Prize for the prevention of
wildlife poaching and trafficking
This section creates a cash prize for technological
innovation for the prevention of wildlife poaching and
trafficking.
Section 4003. Theodore Roosevelt Genius Prize for the promotion of
wildlife conservation
This section creates a cash prize for technological
innovation for the promotion of wildlife conservation.
Section 4004. Theodore Roosevelt Genius Prize for the management of
invasive species
This section creates a cash prize for technological
innovation for the management of invasive species.
Section 4005. Theodore Roosevelt Genius Prize for the protection of
endangered species
This section creates a cash prize for technological
innovation for the protection of endangered species.
Section 4006. Theodore Roosevelt Genius Prize for non-lethal management
of human-wildlife conflicts
This section creates a cash prize for technological
innovation for non-lethal management of human-wildlife
conflicts.
Section 4007. Administration of competitions
This section provides for the administration of the
Theodore Roosevelt Genius Prizes established under sections
4002 through 4006.
Legislative History
S. 826, the Wildlife Innovation and Longevity Driver Act,
was introduced by Senator John Barrasso on April 4, 2017. The
bill was referred to the Committee. The Committee reported S.
826, as amended, favorably on April 5, 2017.
Hearings
On March 15, 2017, the Committee held a hearing entitled
Examining Innovative Solutions to Control Invasive Species and
Promote Wildlife Conservation. The five witnesses included:
Brian Nesvik, Chief Game Warden, Wyoming Game and Fish
Department; Carter Roberts, President and CEO, World Wildlife
Fund; Jim Kurth, Acting Director, U.S. Fish & Wildlife Service,
U.S. Department of the Interior; Jamie K. Reaser, PhD,
Executive Director, National Invasive Species Council (NISC),
Secretariat, U.S. Department of the Interior; and David
Ullrich, Chairman, The Great Lakes Fishery Commission.
Rollcall Votes
On April 5, 2017, the Committee conducted a business
meeting to consider S. 826. The Committee considered an
amendment in the nature of a substitute as original text and
favorably reported the bill, as amended by the substitute, by
voice vote.
Amendments approved
Revised Whitehouse #1--An amendment to include the
protection of oceans and coasts within the purpose of Title II
of S. 826 and to define the term ``wildlife'' as enacted under
section 8 of the Fish and Wildlife Coordination Act (16 U.S.C.
666b) (adopted en bloc with Revised Booker #1 by voice vote).
Revised Booker #1--An amendment to create a prize for
innovative technology for non-lethal management of human-
wildlife conflict (adopted en bloc with Revised Whitehouse #1
by voice vote).
Amendments rejected
None.
Final Committee vote to report
S. 826, as amended by the amendment in the nature of a
substitute, was approved and favorably reported to the full
Senate by voice vote.
Regulatory Impact Statement
In compliance with section 11(b) of rule XXVI of the
Standing Rules of the Senate, the Committee finds that S. 826
does not create any additional regulatory burdens, nor will it
cause any adverse impact on the personal privacy of
individuals.
Mandates Assessment
In compliance with the Unfunded Mandates Reform Act of 1995
(Public Law 104-4), the Committee notes that the Congressional
Budget Office found that S. 826 contains no intergovernmental
or private-sector mandates as defined in UMRA and would impose
no costs on state, local, or tribal governments
Cost of Legislation
Section 403 of the Congressional Budget and Impoundment
Control Act requires that a statement of the cost of the
reported bill, prepared by the Congressional Budget Office, be
included in the report. That statement follows:
May 12, 2017.
Hon. John Barrasso,
Chairman, Committee on Environment and Public Works,
U.S. Senate, Washington, DC.
Dear Mr. Chairman: The Congressional Budget Office has
prepared the enclosed cost estimate for S. 826, the WILD Act.
If you wish further details on this estimate, we will be
pleased to provide them. The CBO staff contact is Jeff LaFave.
Sincerely,
Keith Hall.
Enclosure.
S. 826--WILD Act
Summary: S. 826 would amend and reauthorize various
programs conducted by the U.S. Fish and Wildlife Service
(USFWS) related to the conservation of wildlife. The bill also
would require various agencies to carry out certain activities
to manage invasive species. Finally, the bill would establish
prize competitions to promote the development of strategies to
enhance wildlife conservation.
Based on information from the affected agencies, CBO
estimates that implementing the legislation would cost $607
million over the 2018-2022 period and $46 million after 2022,
assuming appropriation of the authorized and necessary amounts.
Enacting S. 826 would not affect direct spending or revenues;
therefore, pay-as-you-go procedures do not apply.
CBO estimates that enacting S. 826 would not increase net
direct spending or on-budget deficits in any of the four
consecutive 10-year periods beginning in 2028.
S. 826 contains no intergovernmental or private-sector
mandates as defined in the Unfunded Mandates Reform Act (UMRA)
and would impose no costs on state, local, or tribal
governments.
Estimated cost to the Federal Government: The estimated
budgetary impact of S. 826 is shown in the following table. The
costs of this legislation fall within budget function 300
(natural resources and environment).
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By fiscal year, in millions of dollars--
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2017 2018 2019 2020 2021 2022 2017-2022
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INCREASES IN SPENDING SUBJECT TO APPROPRIATION
Partners for Fish and Wildlife:
Authorization Level.................. 0 100 100 100 100 100 500
Estimated Outlays.................... 0 77 92 96 99 100 464
Species Conservation Programs:
Authorization Level.................. 0 30 30 30 30 30 150
Estimated Outlays.................... 0 23 28 29 30 30 140
Prize Competitions:
Estimated Authorization Level........ 0 1 1 1 1 1 3
Estimated Outlays.................... 0 1 1 1 1 1 3
Total Increases:
Estimated Authorization Level.... 0 131 131 131 131 131 653
Estimated Outlays................ 0 101 120 125 130 131 607
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Note: Components may not sum to totals because of rounding.
Basis of estimate: For this estimate, CBO assumes that the
legislation will be enacted near the end of 2017 and that the
authorized and necessary amounts will be appropriated for each
fiscal year. Estimated outlays are based on historical spending
patterns for similar programs. Title I would authorize the
appropriation of $100 million a year over the 2018-2022 period
to fund the Partners for Fish and Wildlife program. Under the
program, the USFWS provides technical assistance and cost-share
incentives to private landowners to restore fish and wildlife
habitats. In 2017, the USFWS received appropriations totaling
$52 million to carry out that program. Based on information
provided by the agency, CBO estimates that carrying out title I
would cost $464 million over the 2018-2022 period and $36
million after 2022.
Title III would authorize the appropriation of $30 million
a year over the 2018-2022 period to carry out programs aimed at
conserving various species including elephants, rhinoceros,
tigers, great apes, and marine turtles. In 2017, the USFWS
received appropriations totaling $11 million to carry out those
programs. Based on information provided by the agency, CBO
estimates that carrying out title III would cost $140 million
over the 2018-2022 period and $10 million after 2022.
Title IV would require USFWS to establish five annual prize
competitions to reward individuals who advance efforts related
to wildlife conservation. Under the bill, the agency would
award each prize winner $100,000 in cash. Based on information
provided by USFWS, CBO estimates that administering the prize
competitions would cost about $3 million over the 2018-2022
period.
Title II would require the Army Corps of Engineers and
agencies within the Department of the Interior to carry out
activities to control and manage invasive species. Because the
affected agencies are already meeting most of the requirements
under title II, we estimate that implementing that title would
cost less than $500,000 over the 2018-2022 period for planning
and reporting activities required under the bill.
Pay-As-You-Go considerations: None.
Increase in long term direct spending and deficits: CBO
estimates that enacting S. 826 would not increase net direct
spending or on-budget deficits in any of the four consecutive
10-year periods beginning in 2028.
Intergovernmental and private-sector impact: S. 826
contains no intergovernmental or private-sector mandates as
defined in UMRA. The bill would authorize federal assistance
for state, local, and tribal governments to control invasive
species and protect endangered species. Any costs incurred by
those entities, under cooperative agreements with federal
agencies or as cost-sharing contributions, would result from
conditions of federal assistance.
Estimate prepared by: Federal costs: Jeff LaFave; Impact on
state, local, and tribal governments: Jon Sperl; Impact on the
private sector: Amy Petz.
Estimate approved by: H. Samuel Papenfuss, Deputy Assistant
Director for Budget Analysis.
Changes in Existing Law
In compliance with section 12 of rule XXVI of the Standing
Rules of the Senate, changes in existing law made by the bill
as reported are shown as follows: Existing law proposed to be
omitted is enclosed in [black brackets], new matter is printed
in italic, existing law in which no change is proposed is shown
in roman:
* * * * * * *
PARTNERS FOR FISH AND WILDLIFE ACT
[PUBLIC LAW 109-294--OCT. 3, 2006, 120 Stat. 1351]
SEC. 1. <> SHORT TITLE.
This Act may be cited as the ``Partners for Fish and
Wildlife Act''.
* * * * * * *
SEC. 5. AUTHORIZATION OF <> APPROPRIATIONS.
There is authorized to be appropriated to carry out this Act
not more than [75,000,000 for each of fiscal years 2006 through
2011] $100,000,000 for each of fiscal years 2018 through 2022.
* * * * * * *
FISH AND WILDLIFE COORDINATION ACT
(16 U.S.C. 661)
Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled, [16 U.S.C.
661] [For the purpose]
SECTION 1. SHORT TITLE; AUTHORIZATION.
(a) Short Title.--This Act may be cited as the `Fish and
Wildlife Coordination Act'.
(b) Authorization.--For the purpose of recognizing the vital
contribution of our wildlife resources to the Nation, the
increasing public interest and significance thereof due to
expansion of our national economy and other factors, and to
provide that wildlife conservation shall receive equal
consideration and be coordinated with other features of water-
resource development programs through the effectual and
harmonious planning, development, maintenance, and coordination
of wildlife conservation and rehabilitation for the purposes of
this Act in the United States, its Territories and possessions,
the Secretary of the Interior is authorized (1) to provide
assistance to, and cooperate with, Federal, State, and public
or private agencies and organizations in the development,
protection, rearing, and stocking of all species of wildlife,
resources thereof, and their habitat, in controlling losses of
the same from disease or other causes, in minimizing damages
from overabundant species, in providing public shooting and
fishing areas, including easements across public lands for
access thereto, and in carrying out other measures necessary to
effectuate the purposes of this Act; (2) to make surveys and
investigations of the wildlife of the public domain, including
lands and waters or interests therein acquired or controlled by
any agency of the United States; and (3) to accept donations of
land and contributions of funds in furtherance of the purposes
of this Act.
* * * * * * *
SEC. 9. [16 U.S.C. 666C] THE PROVISIONS OF THIS ACT SHALL NOT APPLY TO
THE TENNESSEE VALLEY AUTHORITY.
SEC. 10. PROTECTION OF WATER, OCEANS, COASTS, AND WILDLIFE FROM
INVASIVE SPECIES.
(a) Definitions.--In this section:
(1) Control.--The term `control', with respect to an
invasive species, means the eradication, suppression,
or reduction of the population of the invasive species
within the area in which the invasive species is
present.
(2) Ecosystem.--The term `ecosystem' means the
complex of a community of organisms and the environment
of the organisms.
(3) Eligible state.--The term `eligible State' means
any of--
(A) a State;
(B) the District of Columbia;
(C) the Commonwealth of Puerto Rico;
(D) Guam;
(E) American Samoa;
(F) the Commonwealth of the Northern Mariana
Islands; and
(G) the United States Virgin Islands.
(4) Invasive species.--
(A) In general.--The term `invasive species'
means an alien species, the introduction of
which causes, or is likely to cause, economic
or environmental harm or harm to human health.
(B) Associated definition.--For purposes of
subparagraph (A), the term `alien species',
with respect to a particular ecosystem, means
any species (including the seeds, eggs, spores,
or other biological material of the species
that are capable of propagating the species)
that is not native to the affected ecosystem.
(C) Inclusion.--The terms `invasive species'
and `alien species' include any terrestrial or
aquatic species determined by the relevant
tribal, regional, State, or local authority to
meet the requirements of subparagraph (A) or
(B), as applicable.
(5) Manage; management.--The terms `manage' and
`management', with respect to an invasive species, mean
the active implementation of any activity--
(A) to reduce or stop the spread of the
invasive species; and
(B) to inhibit further infestations of the
invasive species, the spread of the invasive
species, or harm caused by the invasive
species, including investigations regarding
methods for early detection and rapid response,
prevention, control, or management of the
invasive species.
(6) Prevent.--The term `prevent', with respect to an
invasive species, means--
(A) to hinder the introduction of the
invasive species onto land or water; or
(B) to impede the spread of the invasive
species within land or water by inspecting,
intercepting, or confiscating invasive species
threats prior to the establishment of the
invasive species onto land or water of an
eligible State.
(7) Secretary concerned.--The term `Secretary
concerned' means--
(A) the Secretary of the Army, acting
through the Chief of Engineers, with respect to
Federal land administered by the Corps of
Engineers;
(B) the Secretary of the Interior, with
respect to Federal land administered by the
Secretary of the Interior through--
(i) the United States Fish and
Wildlife Service;
(ii) the Bureau of Indian Affairs;
(iii) the Bureau of Land Management;
(iv) the Bureau of Reclamation; or
(v) the National Park Service;
(C) the Secretary of Agriculture, with
respect to Federal land administered by the
Secretary of Agriculture through the Forest
Service; and
(D) the head or a representative of any
other Federal agency the duties of whom require
planning relating to, and the treatment of,
invasive species for the purpose of protecting
water and wildlife on land and coasts and in
oceans and water.
(8) Species.--The term `species' means a group of
organisms, all of which--
(A) have a high degree of genetic
similarity;
(B) are morphologically distinct;
(C) generally--
(i) interbreed at maturity only
among themselves; and
(ii) produce fertile offspring; and
(D) show persistent differences from members
of allied groups of organisms.
(b) Control and Management.--Each Secretary concerned shall
plan and carry out activities on land directly managed by the
Secretary concerned to protect water and wildlife by
controlling and managing invasive species--
(1) to inhibit or reduce the populations of invasive
species; and
(2) to effectuate restoration or reclamation
efforts.
(c) Strategic Plan.--
(1) In general.--Each Secretary concerned shall
develop a strategic plan for the implementation of the
invasive species program to achieve, to the maximum
extent practicable, a substantive annual net reduction
of invasive species populations or infested acreage on
land or water managed by the Secretary concerned.
(2) Coordination.--Each strategic plan under
paragraph (1) shall be developed--
(A) in coordination with affected--
(i) eligible States;
(ii) political subdivisions of
eligible States; and
(iii) federally recognized Indian
tribes; and
(B) in accordance with the priorities
established by 1 or more Governors of the
eligible States in which an ecosystem affected
by an invasive species is located.
(3) Factors for consideration.--In developing a
strategic plan under this subsection, the Secretary
concerned shall take into consideration the economic
and ecological costs of action or inaction, as
applicable.
(d) Cost-effective Methods.--In selecting a method to be
used to control or manage an invasive species as part of a
specific control or management project conducted as part of a
strategic plan developed under subsection (c), the Secretary
concerned shall prioritize the use of methods that--
(1) effectively control and manage invasive species,
as determined by the Secretary concerned, based on
sound scientific data;
(2) minimize environmental impacts; and
(3) control and manage invasive species in the least
costly manner.
(e) Comparative Economic Assessment.--To achieve compliance
with subsection (d), the Secretary concerned shall require a
comparative economic assessment of invasive species control and
management methods to be conducted.
(f) Expedited Action.--
(1) In general.--The Secretaries concerned shall use
all tools and flexibilities available (as of the date
of enactment of this section) to expedite the projects
and activities described in paragraph (2).
(2) Description of projects and activities.--A
project or activity referred to in paragraph (1) is a
project or activity--
(A) to protect water or wildlife from an
invasive species that, as determined by the
Secretary concerned is, or will be, carried out
on land or water that is--
(i) directly managed by the
Secretary concerned; and
(ii) located in an area that is--
(I) at high risk for the
introduction, establishment, or
spread of invasive species; and
(II) determined by the
Secretary concerned to require
immediate action to address the
risk identified in subclause
(I); and
(B) carried out in accordance with
applicable agency procedures, including any
applicable--
(i) land or resource management
plan; or
(ii) land use plan.
(g) Allocation of Funding.--Of the amount appropriated or
otherwise made available to each Secretary concerned for a
fiscal year for programs that address or include protection of
land or water from an invasive species, the Secretary concerned
shall use not less than 75 percent for on-the-ground control
and management of invasive species, which may include--
(1) the purchase of necessary products, equipment,
or services to conduct that control and management;
(2) the use of integrated pest management options,
including options that use pesticides authorized for
sale, distribution, or use under the Federal
Insecticide, Fungicide, and Rodenticide Act (7 U.S.C.
136 et seq.);
(3) the use of biological control agents that are
proven to be effective to reduce invasive species
populations;
(4) the use of revegetation or cultural restoration
methods designed to improve the diversity and richness
of ecosystems;
(5) the use of monitoring and detection activities
for invasive species, including equipment, detection
dogs, and mechanical devices;
(6) the use of appropriate methods to remove
invasive species from a vehicle or vessel capable of
conveyance; or
(7) the use of other effective mechanical or manual
control methods.
(h) Investigations, Outreach, and Public Awareness.--Of the
amount appropriated or otherwise made available to each
Secretary concerned for a fiscal year for programs that address
or include protection of land or water from an invasive
species, the Secretary concerned may use not more than 15
percent for investigations, development activities, and
outreach and public awareness efforts to address invasive
species control and management needs.
(i) Administrative Costs.--Of the amount appropriated or
otherwise made available to each Secretary concerned for a
fiscal year for programs that address or include protection of
land or water from an invasive species, not more than 10
percent may be used for administrative costs incurred to carry
out those programs, including costs relating to oversight and
management of the programs, recordkeeping, and implementation
of the strategic plan developed under subsection (c).
(j) Reporting Requirements.--Not later than 60 days after
the end of the second fiscal year beginning after the date of
enactment of this section, each Secretary concerned shall
submit to Congress a report--
(1) describing the use by the Secretary concerned
during the 2 preceding fiscal years of funds for
programs that address or include invasive species
management; and
(2) specifying the percentage of funds expended for
each of the purposes specified in subsections (g), (h),
and (i).
(k) Relation to Other Authority.--
(1) Other invasive species control, prevention, and
management authorities.--Nothing in this section
precludes the Secretary concerned from pursuing or
supporting, pursuant to any other provision of law, any
activity regarding the control, prevention, or
management of an invasive species, including
investigations to improve the control, prevention, or
management of the invasive species.
(2) Public water supply systems.--Nothing in this
section authorizes the Secretary concerned to suspend
any water delivery or diversion, or otherwise to
prevent the operation of a public water supply system,
as a measure to control, manage, or prevent the
introduction or spread of an invasive species.
(l) Use of Partnerships.--Subject to the subsections (m) and
(n), the Secretary concerned may enter into any contract or
cooperative agreement with another Federal agency, an eligible
State, a political subdivision of an eligible State, or a
private individual or entity to assist with the control and
management of an invasive species.
(m) Memorandum of Understanding.--
(1) In general.--As a condition of a contract or
cooperative agreement under subsection (l), the
Secretary concerned and the applicable Federal agency,
eligible State, political subdivision of an eligible
State, or private individual or entity shall enter into
a memorandum of understanding that describes--
(A) the nature of the partnership between
the parties to the memorandum of understanding;
and
(B) the control and management activities to
be conducted under the contract or cooperative
agreement.
(2) Contents.--A memorandum of understanding under
this subsection shall contain, at a minimum, the
following:
(A) A prioritized listing of each invasive
species to be controlled or managed.
(B) An assessment of the total acres of land
or area of water infested by the invasive
species.
(C) An estimate of the expected total acres
of land or area of water infested by the
invasive species after control and management
of the invasive species is attempted.
(D) A description of each specific,
integrated pest management option to be used,
including a comparative economic assessment to
determine the least-costly method.
(E) Any map, boundary, or Global Positioning
System coordinates needed to clearly identify
the area in which each control or management
activity is proposed to be conducted.
(F) A written assurance that each partner
will comply with section 15 of the Federal
Noxious Weed Act of 1974 (7 U.S.C. 2814).
(3) Coordination.--If a partner to a contract or
cooperative agreement under subsection (l) is an
eligible State, political subdivision of an eligible
State, or private individual or entity, the memorandum
of understanding under this subsection shall include a
description of--
(A) the means by which each applicable
control or management effort will be
coordinated; and
(B) the expected outcomes of managing and
controlling the invasive species.
(4) Public outreach and awareness efforts.--If a
contract or cooperative agreement under subsection (l)
involves any outreach or public awareness effort, the
memorandum of understanding under this subsection shall
include a list of goals and objectives for each
outreach or public awareness effort that have been
determined to be efficient to inform national,
regional, State, or local audiences regarding invasive
species control and management.
(n) Investigations.--The purpose of any invasive species-
related investigation carried out under a contract or
cooperative agreement under subsection (l) shall be--
(1) to develop solutions and specific
recommendations for control and management of invasive
species; and
(2) specifically to provide faster implementation of
control and management methods.
(o) Coordination With Affected Local Governments.--Each
project and activity carried out pursuant to this section shall
be coordinated with affected local governments in a manner that
is consistent with section 202(c)(9) of the Federal Land Policy
and Management Act of 1976 (43 U.S.C. 1712(c)(9)).
AFRICAN ELEPHANT CONSERVATION ACT
* * * * * * *
SEC. 2001. [16 U.S.C. 4201 NOTE] SHORT TITLE.
This title may be cited as the ``African Elephant
Conservation Act''.
SEC. 2306. [16 U.S.C. 4245] AUTHORIZATION OF APPROPRIATIONS.
(a) In General.--There is authorized to be appropriated to
the Fund and to the Secretary a total of not to exceed
$5,000,000 for each of fiscal years [2007 through 2012] 2018
through 2022 to carry out this title, to remain available until
expended.
(b) Administrative Expenses.--Of amounts available each
fiscal year to carry out this title, the Secretary may expend
not more than 3 percent or $100,000, whichever is greater, to
pay the administrative expenses necessary to carry out this
title.
* * * * * * *
ASIAN ELEPHANT CONSERVATION ACT OF 1997
* * * * * * *
SECTION 1. [16 U.S.C. 4261 NOTE] SHORT TITLE.
This Act may be cited as the ``Asian Elephant Conservation
Act of 1997''.
* * * * * * *
SEC. 8. [16 U.S.C. 4266] AUTHORIZATION OF APPROPRIATIONS.
(a) In General.--There is authorized to be appropriated to
the Fund $5,000,000 for each of fiscal years [2007 through
2012] 2018 through 2022 to carry out this Act, which may remain
available until expended.
(b) Administrative Expenses.--Of amounts available each
fiscal year to carry out this Act, the Secretary may expend not
more than 3 percent or $100,000, whichever is greater, to pay
the administrative expenses necessary to carry out this Act.
* * * * * * *
RHINOCEROS AND TIGER CONSERVATION ACT OF 1994
* * * * * * *
SEC. 1. [16 U.S.C. 5301 NOTE] SHORT TITLE.
This Act may be cited as the ``Rhinoceros and Tiger
Conservation Act of 1994''.
* * * * * * *
SEC. 10. [16 U.S.C. 5306] AUTHORIZATION OF APPROPRIATIONS.
(a) In General.--There is authorized to be appropriated to
the Fund $10,000,000 for each of fiscal years [2007 through
2012] 2018 through 2022 to carry out this Act, to remain
available until expended.
(b) Administrative Expenses.--Of amounts available each
fiscal year to carry out this Act, the Secretary may expend not
more than 3 percent or $100,000, whichever is greater, to pay
the administrative expenses necessary to carry out this Act.
* * * * * * *
GREAT APE CONSERVATION ACT OF 2000
[16 U.S.C. 6303]
* * * * * * *
SEC. 6303. GREAT APE CONSERVATION ASSISTANCE
(a) In general.-- Subject to the availability of funds and
in consultation with other appropriate Federal officials, the
Secretary shall use amounts in the Fund to provide financial
assistance for projects for the conservation of great apes for
which project proposals are approved by the Secretary in
accordance with this section.
* * * * * * *
(i) Panel.--
[(1) In General.-- Every 2 years, the Secretary may
convene a panel of experts to identify the greatest
needs for the conservation of great apes.]
(1) Convention.--Not later than 1 year after the
date of the enactment of the Wildlife Innovation and
Longevity Driver Act, and every 5 years thereafter, the
Secretary shall convene a panel of experts on great
apes to identify the greatest needs and priorities for
the conservation of great apes.
(2) Composition.--The Secretary shall ensure that
the panel referred to in paragraph (1) includes, to the
maximum extent practicable, 1 or more representatives--
(A) from each country that comprises the
natural range of great apes; and
(B) with expertise in great ape
conservation.
(3) Conservation plans.--In identifying the
conservation needs and priorities under paragraph (1),
the panel referred to in that paragraph shall consider
any relevant great ape conservation plan or strategy,
including scientific research and findings relating
to--
(A) the conservation needs and priorities of
great apes;
(B) any regional or species-specific action
plan or strategy;
(C) any applicable strategy developed or
initiated by the Secretary; and
(D) any other applicable conservation plan
or strategy.
``(4) Funds.--Subject to the availability of
appropriations, the Secretary may use amounts available
to the Secretary to pay for the costs of convening and
facilitating any meeting of the panel referred to in
paragraph (1).
[(2)] (5) Applicability of FACA.--The Federal
Advisory Committee Act (5 App. U.S.C.) shall not apply
to a panel convened under paragraph (1).
(j) Multiyear Grants.--
(1) Authorization.--The Secretary may award to a
person who is otherwise eligible for a grant under this
section a multiyear grant to carry out a project that
the person demonstrates is an effective, long-term
conservation strategy for great apes and the habitat of
great apes.
(2) Effect of subsection.--Nothing in this
subsection precludes the Secretary from awarding a
grant on an annual basis.
SEC. 6304. GREAT APE CONSERVATION FUND
(a) Establishment.--There is established in the
Multinational Species Conservation Fund a separate account to
be known as the ``Great Ape Conservation Fund'', consisting of-
(1) amounts transferred to the Secretary of the
Treasury for deposit into the Fund under subsection
(e);
(2) amounts appropriated to the Fund under section
6305 of this title; and
(3) any interest earned on investment of amounts in
the Fund under subsection (c).
(b) Expenditures from Fund.--
(1) In general.--Subject to paragraph (2), upon
request by the Secretary, the Secretary of the Treasury
shall transfer from the Fund to the Secretary, without
further appropriation, such amounts as the Secretary
determines are necessary to provide assistance under
section 6303 of this title.
(2) Administrative expenses.--Of the amounts in the
account available for each fiscal year, the Secretary
may expend not more than 3 percent, or up to [$100,000]
$150,000, whichever is greater, to pay the
administrative expenses necessary to carry out this
chapter.
SEC. 6305. AUTHORIZATION OF APPROPRIATIONS
There are authorized to be appropriated to the Fund
$5,000,000 for each of fiscal years [2006 through 2010] 2018
through 2022.
* * * * * * *
MARINE TURTLE CONSERVATION ACT OF 2004
[16 U.S.C. 6601]
SEC. 6601. FINDINGS AND PURPOSES
(a) Findings.--The Congress finds that-
(1)* * *
* * * * * * *
(b) Purpose.--The purpose of this chapter is to assist in
the conservation of marine turtles and the nesting habitats of
marine turtles in foreign countries and territories of the
United States by supporting and providing financial resources
for projects to conserve the nesting habitats, conserve marine
turtles in those habitats, and address other threats to the
survival of marine turtles.
SEC. 6602. DEFINITIONS IN THIS CHAPTER:
(1) CITES.--The term ``CITES'' means the Convention
on International Trade in Endangered Species of Wild
Fauna and Flora (27 UST 1087; TIAS 8249).
(2) Conservation.--The term ``conservation'' means
the use of all methods and procedures necessary to
protect nesting habitats of marine turtles in foreign
countries and territories of the United States and of
marine turtles in those habitats, including-
(A)* * *
* * * * * * *
(3) Fund.--The term ``Fund'' means the Marine Turtle
Conservation Fund established by section 6604 of this
title.
* * * * * * *
(6) Secretary.--The term ``Secretary'' means the
Secretary of the Interior.
(7) Territory of the united states.--The term
`territory of the United States' means--
(A) the Commonwealth of Puerto Rico;
(B) Guam;
(C) American Samoa;
(D) the Commonwealth of the Northern Mariana
Islands;
(E) the United States Virgin Islands; and
(F) any other territory or possession of the
United States.
SEC. 6603. MARINE TURTLE CONSERVATION ASSISTANCE
(a) In general.--Subject to the availability of funds and in
consultation with other Federal officials, the Secretary shall
use amounts in the Fund to provide financial assistance for
projects for the conservation of marine turtles for which
project proposals are approved by the Secretary in accordance
with this section.
(b) Project proposals.--
(1) Eligible applicants.--A proposal for a project
for the conservation of marine turtles may be submitted
to the Secretary by-
(A) any wildlife management authority of a
foreign country or a territory of the United
States that has within its boundaries marine
turtle nesting habitat if the activities of the
authority directly or indirectly affect marine
turtle conservation; or
(B) any other person or group with the
demonstrated expertise required for the
conservation of marine turtles.
* * * * * * *
(d) Criteria for approval.--The Secretary may approve a
project proposal under this section if the project will help
recover and sustain viable populations of marine turtles in the
wild by assisting efforts in [foreign countries] a foreign
country or a territory of the United States to implement marine
turtle conservation programs.
* * * * * * *
SEC. 6604. MARINE TURTLE CONSERVATION FUND
(a) Establishment.--There is established in the
Multinational Species Conservation Fund a separate account to
be known as the "Marine Turtle Conservation Fund", consisting
of-
(1) * * *
* * * * * * *
(b) Expenditures from Fund.--
(1) In general.--Subject to paragraph (2), on
request by the Secretary, the Secretary of the Treasury
shall transfer from the Fund to the Secretary, without
further appropriation, such amounts as the Secretary
determines are necessary to carry out section 6603 of
this title.
(2) Administrative expenses.--Of the amounts in the
account available for each fiscal year, the Secretary
may expend not more than 3 percent, or up to [$80,000]
$150,000, whichever is greater, to pay the
administrative expenses necessary to carry out this
chapter.
* * * * * * *
SEC. 6606. AUTHORIZATION OF APPROPRIATIONS
There is authorized to be appropriated to the Fund
5,000,000 for [each of fiscal years 2005 through 2009] each of
fiscal years 2018 through 2022.
[all]