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SECTION-BY-SECTION
SUMMARY
OF THE BROWN TREE SNAKE CONTROL AND ERADICATION ACT
Introduced by Congresswoman Madeleine
Z. Bordallo (D-Guam),
Congressman Ed Case (D-Hawaii), and Congressman
Neil Abercrombie (D-Hawaii)
November 7, 2003
Objectives
- To
authorize funding for brown tree snake control, interdiction,
research, and eradication through and by the Federal agencies
performing specific tasks.
The agencies include the:
-
U.S.
Department of Agriculture (USDA)
- Animal
and Plant Health Inspection Service (APHIS)
- Wildlife
Services- Operations
-
Wildlife
Services-
National Wildlife
Research
Center
-
U.S.
Department of the Interior (DOI)
- Fish
and Wildlife Service (FWS)
- United
States Geological Survey (USGS)
- Biological
Resources
-
Fort Collins
Science
Center
- Office
of Insular Affairs (OIA)
- To
statutorily authorize and establish a Brown Tree Snake Control
and Eradication Committee.
- To
provide for greater Federal involvement and support for the
control and eradication of the brown tree snake in
Guam.
- To
provide for greater Federal involvement and cooperation with
State and local authorities to prevent the introduction of the
brown tree snake to other areas of the
United States.
Section
1. Short Title.
- The
Short Title is “The Brown Tree Snake Control and Eradication
Act of 2003.”
Section
2. Findings.
- Provides
Congressional findings for the Act.
Section
3. Definitions.
- Provides
definitions under the Act.
Section
4. Statement of Policy
Regarding Federal Obligations.
-
Declares that the policy of the
United States
is 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 the brown tree snakes to
other areas of the United States.
-
Declares that 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.
-
Declares
that all Federal agencies that manage lands where brown tree
snakes occur shall fund control and eradication work.
-
Declares
that all Federal agencies shall facilitate access to employees
who conduct control, interdiction, or research work on lands
and facilities under their jurisdiction.
This ensures information sharing between and among all
local and State stakeholders and appropriate Federal
officials.
-
Declares
that all Federal agencies shall provide cooperative support,
such as sharing of resources, to other Federal agencies
conducting brown tree snake control, interdiction, research
and eradication. For
example, the Department of Defense would be required, to the
extent possible, to provide office space for USDA Wildlife
Services personnel working on the ground at Andersen Air Force
Base in Guam to control the brown tree snake and kennel
facilities for Jack Russell terrier dogs who are integral to
that control and interdiction work.
-
Authorizes
guidelines to be developed by the Brown Tree Snake Control and
Eradication Committee, established by this bill, in
consultation with the National Invasive Species Council to aid
Federal agencies in analyzing their actions and duties to
comply with the policies declared by this section of the Act.
Section 5. Funding Authority
for Control, Interdiction, Research and Eradication.
- Authorizes
the Secretary of Agriculture and the Secretary of the Interior
to provide funds to support brown tree snake control,
interdiction, research and eradication efforts carried out by
their respective agencies, bureaus, and offices, as well as by
providing grants to the Government of Guam and the State of
Hawaii, as well as other potentially affected State,
territorial, and local governments, to support their work.
- Authorizes
nine specific activities and provides statutory programmatic
requirements for the authorized funds.
- Authorizes
a total of $18 million in appropriations in each of the fiscal
years
2005 to 2010 for Federal agencies to carry out these
activities and meets the requirements established by this Act.
Section 6. Legal Mechanisms
to Control the Introduction and Spread of Brown Tree Snakes.
- Designates
the brown tree snake as an “agricultural pest” under the
Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA).
This provision would require the:
- Secretary
of Agriculture to annually report on the brown tree snake
and its effects on agricultural production in
Guam
and
Hawaii
.
- Administrator
of the Environmental Protection Agency (EPA) to coordinate
with the Secretary of Agriculture to develop and improve the
safe use and effectiveness of chemical, biological, and
alternative methods through existing research and
implementation programs to combat and control the brown tree
snake for the purposes of mitigating its effects on the
quality and economical production of agricultural products
in Guam and Hawaii.
- Secretary
of Health and Human Services to monitor the brown tree
snake’s threat to public health and if needed, trigger the
Public Health Service’s development and implementation of
programs to reduce and eliminate this threat.
- Broadens
the level of Federal involvement in brown tree snake programs
in
Guam
.
For example, such designation would allow APHIS to have
a greater role in detection, control, and eradication of the
brown tree snake in
Guam
.
This would allow APHIS to budget for and commit more
resources toward brown tree snake programs in
Guam
and result in integrated
pest management.
- Requires
the Secretary of Agriculture and the Secretary of the Interior
to establish by regulation within two years, a system of
pre-departure quarantine protocols for persons traveling from,
and baggage, cargo and other items being shipped from
Guam
to prevent the
introduction or spread of the brown tree snake.
Under such a 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.
- Declares
brown tree snakes to be a nonmailable matter under the United
States Postal Code.
Section 7. Brown Tree Snake
Control and Eradication Committee.
- Authorizes
a Brown Tree Snake Control and Eradication Committee, whose
membership would be, at minimum, comprised of 16 individuals
representing various Federal and non-Federal agencies who have
a stake in brown tree snake control, interdiction, research
and eradication.
- Heads
of agencies are given appointment authority for representative
members of the Committee.
The Secretary of Agriculture and the Secretary of the
Interior are to select a chairperson from among the appointed
members and hire a Federal Interagency Brown Tree Snake
Coordinator to staff the chairperson.
Members’ terms are for three years and they maybe
reappointed.
- Instructs
the Committee to meet at least annually and prescribes
specific duties and functions of the Committee, including
evaluation, reporting, and recommendation responsibilities for
further and continuous actions to control, interdict, and
eradicate the brown tree snake.
- Requires
the Committee to revise and keep updated a Brown Tree Snake
Control Plan to coordinate Federal, State, territorial and
local government efforts to control, interdict and eradicate
the brown tree snake.
Section 8. Miscellaneous
Matters.
- Provides
two technical provisions related to availability of funds that
would be appropriated according to authorization proposed by
this Act.
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[ Press
Release Announcing Introduction of the Legislation ]
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