[House Report 108-687]
[From the U.S. Government Publishing Office]
108th Congress Rept. 108-687
HOUSE OF REPRESENTATIVES
2d Session Part 1
======================================================================
BROWN TREE SNAKE CONTROL AND ERADICATION ACT OF 2004
_______
September 15, 2004.--Committed to the Committee of the Whole House on
the State of the Union and ordered to be printed
_______
Mr. Pombo, from the Committee on Resources, submitted the following
R E P O R T
[To accompany H.R. 3479]
[Including cost estimate of the Congressional Budget Office]
The Committee on Resources, to whom was referred the bill
(H.R. 3479) 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, having considered the
same, report favorably thereon with an amendment and recommend
that the bill as amended do pass.
The amendment is as follows:
Strike all after the enacting clause and insert the
following:
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 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) 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.
PURPOSE OF THE BILL
The purpose of H.R. 3479 is 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.
BACKGROUND AND NEED FOR LEGISLATION
The brown tree snake (BTS), a non-native, invasive species
on the island of Guam, has caused severe economic and
environmental problems and public health concerns for the
island's residents. The BTS has eliminated most of Guam's
native forest birds and lizards. This dramatic wide-scale
destruction of native species is unprecedented in modern
ecological history. The BTS was accidentally introduced onto
the island of Guam in the late 1940s or early 1950s. The likely
vector was as a stowaway on a military cargo ship from the
Papua New Guinea area. The snake was first detected on Guam in
the 1950s near the Naval port Apra Harbor. The snake is
approximately 15 inches at the time of hatching and can grow to
up to 10 feet in length as adults. Most snakes, however, are
three to four feet long. This species, which is both secretive
and nocturnal, is classified as a rear-fanged semiconstrictor
that is mildly poisonous. Since its initial arrival, the brown
tree snake has spread throughout the island and recent
estimates of the snake population is 13,000 animals per square
mile or over 20 snakes per acre of jungle. Clearly, the once
abundant prey resources on Guam and the absence of any natural
predators or other population controls has led to the
significant growth in the BTS population.
As a direct result of the BTS, there has been extensive
economic and ecological damage as well as public health
concerns for the residents of Guam. By crawling along on power
lines at night, BTSs cause frequent power outages throughout
the island. According to a report by the United States
Geological Survey, BTSs cause an average 86 outages every year
at a cost of $1 million dollars. On an individual basis, it
costs commercial electricity customers between $2,000 and
$10,000 annually to mitigate the effects of these power
outages.
These BTSs also present a public heath threat because they
bite a number of residents each year, particularly infants and
people sleeping at night. It is estimated that 200 cases of
snake bites have required medical treatment; fortunately, there
have been no fatalities on Guam because of an encounter with
this mildly venomous snake.
In terms of native bird populations, the BTS has had a
devastating effect. Since Guam's mostly endemic birds evolved
in the absence of snake predators, they lacked the protective
behaviors against the BTS. As a result, they were easy prey for
these efficient, nocturnal predators. In fact, these BTSs are
directly responsible for the extinction or extirpation of a
number of avian species including: the Guam flycatcher, the
Rufous fantail, Bridled white-eye nosa, Nightingale reed-
warbler, White-throated ground-dove, Marian fruit-dove,
Cardinal honey-eater, Micronesian kingfisher and Guam rail. Of
the 13 original species of Guam birds, only three are still
known to exist in the wild. These are: the Island swiftlet
(which is found in one wildlife refuge); the Micronesian
starling; and the Mariana crow that has a current population of
12 birds. Both the Island swiftlet and the Mariana crow are
listed species under the Endangered Species Act.
As bird populations have declined, the BTS has turned its
appetite and attention to native lizard populations.
Originally, 12 indigenous species of lizard existed on Guam.
Today, only three lizard species have survived: the blue-tailed
skink, mutilating gecko and mourning gecko. Soberly, it does
not appear that the population of BTS is poised to decline
because of a lack of prey resources or as a result of the
nearly $6 million spent annually to control or eradicate this
invasive species problem.
Because BTSs are able to live in small, confined spaces, it
makes the job of detection extremely difficult for federal and
island wildlife authorities. The likelihood of BTS
distributions to other Pacific Islands in commercial shipping
or air cargo remains a constant threat to native island
ecosystems in the Pacific Basin.
In an effort to address this ongoing serious problem, H.R.
3479, the Brown Tree Snake Control and Eradication Act, was
introduced. Under the terms of this comprehensive legislation
the Secretaries of Agriculture and Interior are authorized to
provide funds to support BTS control, interdiction, research
and eradication efforts; nearly $18 million per year in
appropriations is authorized for fiscal years 2005 to 2010 to
carry out the activities and requirements established by this
Act; the BTS is designated as an ``agricultural pest'' under
the Federal Insecticide, Fungicide, and Rodenticide Act; the
establishment of 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 BTS is required; the BTS is declared to be a
nonmailable matter under the United States Postal Code and
authorizes the establishment of a Brown Tree Snake Control and
Eradication Committee is established.
COMMITTEE ACTION
H.R. 3479 was introduced on November 7, 2003, by
Congresswoman Madeleine Bordallo (D-GU). The bill was referred
to the Committee on Resources and additionally to the Committee
on Agriculture. Within the Committee on Resources, the bill was
referred to the Subcommittee on Fisheries Conservation,
Wildlife and Oceans. On May 13, 2004, the Subcommittee held a
hearing on the bill. On June 3, 2004, the Subcommittee met to
mark up the bill. There were no amendments offered and the bill
was then ordered favorably reported to the Full Committee by
unanimous consent. On July 14, 2004, the Full Resources
Committee met to consider the bill. Congresswoman Madeleine
Bordallo offered an amendment in the nature of a substitute
that clarified the role of the federal government, revised the
departure inspection protocol and clarified the voting
procedures of the Brown Tree Snake Control and Eradication
Committee. The amendment was adopted by unanimous consent. The
bill, as amended, was then ordered favorably reported to the
House of Representatives by unanimous consent.
SECTION-BY-SECTION ANALYSIS
Section 1. Short title
The short title of the bill is ``The Brown Tree Snake
Control and Eradication Act of 2004.''
Section 2. Findings
This section provides Congressional findings for the Act.
Section 3. Definitions
This section provides definitions under the Act.
Section 4. Statement of policy regarding federal obligations related to
brown tree snakes introduction, control and eradication
This section 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.
The section further 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.
The section declares that all federal agencies that manage
lands where brown tree snakes occur shall fund control and
eradication work.
The section 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.
This section 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 U.S. Department of
Agriculture Wildlife Services personnel working on the ground
at Andersen Air Force Base in Guam to control the brown tree
snake or kennel facilities for Jack Russell terrier dogs who
are integral to that control and interdiction work.
The section 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. Brown tree snake control, interdiction, research and
eradication
This section 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.
The section further authorizes nine specific activities and
provides statutory programmatic requirements for the authorized
funds.
Finally, this section 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 meet the
requirements established by this Act.
Section 6. Legal mechanisms to control the introduction and spread of
brown tree snakes
This section designates the brown tree snake as an
``agricultural pest'' under the Federal Insecticide, Fungicide,
and Rodenticide Act. 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.
The Administrator of the Environmental Protection
Agency 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.
The 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.
This section broadens the level of federal involvement in
brown tree snake programs in Guam. For example, such
designation would allow the Animal and Plant Health Inspection
Service (APHIS) to have a greater role in detection, control,
and eradication of the brown tree snake in Guam. This change
would allow APHIS to budget for and commit more resources
toward brown tree snake programs in Guam and result in
integrated pest management.
This section also 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
personstraveling 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.
The section declares brown tree snakes to be a nonmailable
matter under the United States Postal Code.
Section 7. Brown tree snake control and eradication committee
This section 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.
Head 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
Committee. Members' terms are for three years and they may be
reappointed.
This section 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.
This section also 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
This section provides two technical provisions related to
availability of funds that would be appropriated according to
authorization proposed by this Act.
COMMITTEE OVERSIGHT FINDINGS AND RECOMMENDATIONS
Regarding clause 2(b)(1) of rule X and clause 3(c)(1) of
rule XIII of the Rules of the House of Representatives, the
Committee on Resources' oversight findings and recommendations
are reflected in the body of this report.
FEDERAL ADVISORY COMMITTEE STATEMENT
The functions of the proposed advisory committee authorized
in the bill are not currently being nor could they be performed
by one or more agencies, an advisory committee already in
existence or by enlarging the mandate of an existing advisory
committee.
CONSTITUTIONAL AUTHORITY STATEMENT
Article I, section 8 of the Constitution of the United
States grants Congress the authority to enact this bill.
COMPLIANCE WITH HOUSE RULE XIII
1. Cost of Legislation. Clause 3(d)(2) of rule XIII of the
Rules of the House of Representatives requires an estimate and
a comparison by the Committee of the costs which would be
incurred in carrying out this bill. However, clause 3(d)(3)(B)
of that rule provides that this requirement does not apply when
the Committee has included in its report a timely submitted
cost estimate of the bill prepared by the Director of the
Congressional Budget Office under section 402 of the
Congressional Budget Act of 1974.
2. Congressional Budget Act. As required by clause 3(c)(2)
of rule XIII of the Rules of the House of Representatives and
section 308(a) of the Congressional Budget Act of 1974, this
bill does not contain any new budget authority, spending
authority, credit authority, or an increase or decrease in
revenues or tax expenditures.
3. General Performance Goals and Objectives. As required by
clause 3(c)(4) of rule XIII, the general performance goal or
objective of this bill is 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.
4. Congressional Budget Office Cost Estimate. Under clause
3(c)(3) of rule XIII of the Rules of the House of
Representatives and section 403 of the Congressional Budget Act
of 1974, the Committee has received the following cost estimate
for this bill from the Director of the Congressional Budget
Office:
H.R. 3479--Brown Tree Snake Control and Eradication Act of 2004
Summary: H.R. 3479 would authorize the appropriation of
$104 million over the 2005-2009 period to control brown tree
snakes, an invasive species that currently infests Guam and
other Pacific islands. The bill would direct the Department of
Agriculture (USDA) and the Department of the Interior (DOI) to
support governmental and private control efforts such as
biological research, inspections of cargo and travelers, ship
quarantines, and other measures. Under the bill, the
coordination of those activities would be provided by a new
brown tree snake control and eradication committee, consisting
of USDA and DOI, other federal departments such as the
Department of Defense (DoD), and state or territorial agencies
in Guam, Hawaii, and the Northern Mariana Islands. Finally,
section 4 of H.R. 3479 would require all federal agencies that
manage infested lands to fund control and eradication projects
and provide access and facilities to agencies and other
entities involved in similar efforts.
Assuming appropriation of the amounts specifically
authorized and estimated to be necessary, CBO estimates that
implementing H.R. 3479 would cost the federal government $12
million in fiscal year 2005 and $102 million over the 2005-2009
period. Enacting this legislation would have no effect on
revenues or direct spending.
H.R. 3479 contains no intergovernmental mandates as defined
in the Unfunded Mandates Reform Act (UMRA) and would impose no
costs on state, local, or tribal governments. State and
territorial governments, particularly Guam, would benefit from
federal funds authorized by this bill for efforts to control
and eradicate brown tree snakes. Any participation by those
governments in the programs funded by this bill would be
voluntary.
H.R. 3479 contains a private-sector mandate as defined in
UMRA on certain travelers and shippers. CBO estimates that the
cost of complying with the mandate would be well below the
annual threshold established by UMRA for private-sector
mandates ($120 million in 2004, adjusted annually for
inflation).
Estimated cost to the Federal Government: The estimated
budgetary impact of H.R. 3479 is shown in the following table.
The costs of this legislation fall within budget function 300
(natural resources and environment).
------------------------------------------------------------------------
By fiscal year, in millions of dollars--
-----------------------------------------
2004 2005 2006 2007 2008 2009
------------------------------------------------------------------------
SPENDING SUBJECT TO APPROPRIATION
Spending under current law to
control brown tree snakes:
Budget authority\1\....... 4 0 0 0 0 0
Estimated outlays......... 4 0 0 0 0 0
Proposed changes:
Specified authorization
for brown tree snake
control measures:
Authorization level....... 0 18 18 18 18 18
Estimated outlays......... 0 12 17 18 20 23
Implementation of
quarantine protocols:
Estimated authorization 0 0 3 3 3 3
level....................
Estimated outlays......... 0 0 3 3 3 3
Spending under H.R. 3479 to
control brown tree snakes:
Estimated authorization 4 18 21 21 21 21
level\1\.................
Estimated outlays......... 4 12 20 21 23 26
------------------------------------------------------------------------
\1\ The 2004 level is the amount appropriated for that year to the USDA,
DOI, and DOD for brown tree snake control.
Basis of estimate: H.R. 3749 would specifically authorize
the appropriation of $18 million annually for the next six
years. Of this amount, $450,000 would be provided to the brown
tree snake control and eradication committee as authorized by
section 7. The remaining amounts would be authorized to be
appropriated to USDA and DOI to support control, interdiction,
research, and eradication measures taken by federal and
nonfederal agencies and by private entities. As specified by
section 5, this funding includes $7 million of year for the
Animal and Plant Health Inspection Service (APHIS) and $11
million a year for DOI agencies such as the U.S.Fish and
Wildlife Service (USFWS) and the Office of Insular Affairs. Of those
amounts, $4.6 million a year is earmarked for construction and planning
assistance to Guam for multiagency facilities such as laboratories, dog
kennels, and office space.
In addition to the amounts specifically authorized to be
appropriated by H.R. 3479, CBO estimates that there would be
additional costs to administer and enforce new quarantine
procedures for travelers, baggage, and cargo leaving Guam and
other locations infested with brown tree snakes. Section 6 of
the bill would require USDA and DOI to develop protocols for
the predeparture quarantines but would prohibit implementing
the protocols unless funds are appropriated specifically for
that purpose. CBO expects that APHIS and DOI would develop the
required protocols using a portion of the funds authorized for
2005 by section 5. Assuming additional appropriations to
implement the protocols, we estimate that APHIS would spend a
total of $3 million annually beginning in 2006 for inspections
and other enforcement activities.
For this estimate, CBO assumes that the entire amounts
authorized by sections 5 and 7 or estimated to be necessary to
carry out section 6 will be appropriated for each fiscal year.
We further assume that the amounts authorized to be
appropriated to DOI and USDA by section 5 will be used to
support control and eradication measures on military and other
federal lands; no additional amounts are estimated to be
necessary to carry out the responsibilities of DoD and other
agencies under section 4. This estimate is based on information
provided by the USFWS, the National Invasive Species Council,
DoD, and other federal and local agencies.
Estimated impact on state, local, and tribal governments:
H.R. 3479 contains no intergovernmental mandates as defined in
UMRA and would impose no costs on state, local, or tribal
governments. State and territorial governments, particularly
Guam, would benefit from federal funds authorized by this bill
for efforts to control and eradicate brown tree snakes. Any
participation by these governments in the programs funded by
the bill would be voluntary.
Estimated impact on the private sector: By requiring
federal agencies to implement a system of predeparture
quarantine protocols for inspecting passengers, baggage, and
cargo leaving from Guam and other areas infested with brown
tree snakes, H.R. 3479 would impose a mandate on travelers and
shippers of goods departing from those locations. CBO estimates
that the cost of complying with the mandate would be well below
the annual threshold established by UMRA for private-sector
mandates ($120 million in 2004, adjusted annually for
inflation).
The cost of the mandate would be the value of any
additional time spent to participate in an inspection and any
cost of delay associated with having items put in quarantine.
Currently, federal officials in Guam conduct predeparture
baggage and cargo inspections with the consent of the owners of
such cargo or baggage. Among other methods used, dogs trained
to detect snakes are being used on Guam to search for snakes in
outgoing cargo and in other locations in the Pacific to inspect
incoming cargo moved by both air and surface routes. Teams of
dogs and handlers inspect a variety of materials, including
personal goods, and container cargo. According to USDA, fewer
than 15 snakes, on average, are found by the dog teams annually
on Guam using this method in predeparture inspections.
Because travelers and shippers voluntarily comply with
predeparture inspections and additional inspections at certain
destinations and because the number of snakes that have been
detected in packed cargo has been relatively low, CBO estimates
that the incremental cost of complying with the mandate would
be small.
Estimate prepared by: Federal Costs: Deborah Reis; Impact
on State, Local, and Tribal Governments: Marjorie Miller; and
Impact on the Private Sector: Crystal Taylor and Amina Masood.
Estimate approved by: Peter H. Fontaine, Deputy Assistant
Director for Budget Analysis.
COMPLIANCE WITH PUBLIC LAW 104-4
This bill contains no unfunded mandates.
PREEMPTION OF STATE, LOCAL OR TRIBAL LAW
This bill is not intended to preempt any State, local or
tribal law.
CHANGES IN EXISTING LAW
If enacted, this bill would make no changes in existing
law.
COMMITTEE CORRESPONDENCE
House of Representatives,
Committee on Resources,
Washington, DC, August 25, 2004.
Hon. Bob Goodlatte,
Chairman, Committee on Agriculture,
Longworth HOB, Washington, DC.
Dear Mr. Chairman: I ask your help in scheduling H.R. 3479,
the Brown Tree Snake Control and Eradication Act of 2004, for
consideration by the House of Representatives as soon as
possible.
H.R. 3479 was referred primarily to the Committee on
Resources and additionally to your Committee. The purpose of
H.R. 3479 is 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. The Committee on Resources ordered the bill
reported with amendments on July 14, 2004, and I hope to file
the report on the bill when Congress reconvenes on September 7,
2004.
Because the House has at most 23 legislative days before
the target adjournment, I ask that you allow the Committee on
Agriculture to be discharged from further consideration of the
bill. This action would not be considered as precedent for any
future referrals of similar measures or seen as affecting your
Committee's jurisdiction over the subject matter of the bill.
Moreover, if the bill is conferenced with the Senate, I would
support naming Agriculture Committee members to the conference
committee.
I look forward to your response and would be pleased to
include it and this letter in the report on H.R. 3479.
Sincerely,
Richard W. Pombo,
Chairman.
------
House of Representatives,
Committee on Agriculture,
Washington, DC, September 14, 2004.
Hon. Richard Pombo,
Chairman, House Committee on Resources,
Longworth House Office Building, Washington, DC.
Dear Mr. Chairman: Thank you for your August 25, 2004
correspondence regarding H.R. 3479, the Brown Tree Snake
Control and Eradication Act of 2004. As you are aware, the
Committee on Agriculture was granted an additional referral of
this legislation.
In attempts to expedite consideration of this legislation,
I will discharge H.R. 3479 from further consideration by the
Committee on Agriculture. I do so with the understanding that
by discharging these bills the Committee on Agriculture does
not waive any future jurisdictional claim over these or similar
measures. In addition, in the event a conference with the
Senate is requested on this matter, the Committee on
Agriculture reserves the right to seek appointment of
conferees, if it should become necessary.
Thank you very much for your courtesy in this matter and I
look forward to continued cooperation between our committees as
we deal with these issues in the future.
Sincerely,
Bob Goodlatte,
Chairman.