Headlines:
Federal
Register - Final Rule on Conservation of Private Grazing Lands - published on Nov 12,
2002
(an Adobe .pdf file)
University of Wisconsin - Beginning Dairy Farmer Course Offered -Deadline October 1st - April 1st for Scholarships
National Conference on Grazing Lands an overwhelming success - Special Thanks
Invasive Species - Federal Register Vol. 64, No. 185 - Under the "What's New" Section
Total Maximum Daily Loads - Federal Register Vol. 64, No. 162 - Under the "What's New" Section
Senate Bill 1100 (S1100) - An Amendment to the Endangered Species Act of 1973 - May 20, 1999
Executive Order 13112 - Invasive Species - Released February 3, 1999
Senate Bill 910 (S910) - Noxious Weed Coordination and Plant Protection Act - April 29, 1999
The First National Conference on Grazing Lands - An Overwhelming Success!!
The conference was co-sponsored by the Grazing Lands Conservation Initiative (GLCI) National Steering Committee, and the Grazing Land and Public Lands Resources Committee of the National Association of Conservation Districts (NACD). Planning for the conference began more two years ago at a National GLCI Steering Committee meeting in Syracuse, New York. Major financial contributors to the conference were the USDA - Natural Resources Conservation Service. USDA - Agricultural Research Service. USDA
- Cooperative State Research, Education, and Extension Service, USDA - Forest Service, and USD1 -Bureau of Land Management.
Thanks to all of the subcommittees and individuals who worked so hard over the last two years to make it happen. Thanks to the conference sponsors and financial supporters for underwriting the effort. But we extend a SPECIAL THANK YOU to everyone who attended and participated. YOU were the ones who made the NCGL such a big success.
If you did not come to the first National Conference on Grazing Lands, you really missed a special event. Don’t be too discouraged, though. Based on the positive comments, this was probably the first of many National Conferences on Grazing Lands. In fact, discussions have already begun about the possibility of future conferences. Right now several folks just need a little break.
106th CONGRESS
1st Session
S. 1100
To amend the Endangered Species Act of 1973 to provide that the designation of critical
habitat for endangered and threatened species be required as part of the development of
recovery plans for those species.
IN THE SENATE OF THE UNITED STATES
May 20, 1999
Mr. CHAFEE (for himself, Mr. CRAPO, and Mr. DOMENICI) introduced the following bill; which
was read twice and referred to the Committee on Environment and Public Works
A BILL
To amend the Endangered Species Act of 1973 to provide that the designation of critical
habitat for endangered and threatened species be required as part of the development of
recovery plans for those species.
Be it enacted by the Senate and House of Representatives of the United States of America
in Congress
assembled,
SECTION 1. RECOVERY PLANS AND CRITICAL HABITAT DESIGNATIONS.
The Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.) is amended--
(1) by inserting after section 4 the following:
`RECOVERY PLANS AND CRITICAL HABITAT DESIGNATIONS
`SEC. 4A.';
(2) by moving subsection (f) of section 4 to appear at the end of section 4A (as added by
paragraph (1)); and
(3) in section 4A (as amended by paragraph (2))--
(A) by striking `(f)(1) RECOVERY PLANS- The' and inserting the following:
`(a) IN GENERAL- The';
(B) by redesignating paragraphs (2) through (5) as subsections (b) through (e),
respectively;
(C) in subsection (b) (as so redesignated)--
(i) by striking `(b) The Secretary' and inserting the following:
`(b) RECOVERY TEAMS-
`(1) IN GENERAL- The Secretary'; and
(ii) by adding at the end the following:
`(2) APPOINTMENT OF A TEAM- Not later than 60 days after the date of publication under
section 4 of a
final determination that a species is a threatened species or endangered species, the
Secretary, in cooperation with any State affected by the determination, shall--
`(A) appoint a recovery team to develop a recovery plan for the species; or
`(B) after public notice and opportunity for comment, determine that a recovery team shall
not be
appointed.'; and
(D) by adding at the end the following:
`(f) SCHEDULE- For each species determined to be an endangered species or a threatened
species after the date of enactment of this subsection for which the Secretary is required
to develop a recovery plan under subsection (a), the Secretary shall publish--
`(1) not later than 18 months after the date of the publication under section 4 of the
final regulation containing the
listing determination, a draft recovery plan; and
`(2) not later than 3 years after the date of publication under section 4 of the final
regulation containing the listing
determination, a final recovery plan.'.
SEC. 2. CRITICAL HABITAT DESIGNATIONS.
(a) IN GENERAL- Section 4A of the Endangered Species Act of 1973 (as added by section 1)
is amended by adding at the end the following:
`(g) CRITICAL HABITAT DESIGNATIONS-
`(1) RECOMMENDATION OF THE RECOVERY TEAM-
`(A) RECOVERY TEAM APPOINTED- Not later than nine months after the date of publication
under
section 4 of a final regulation containing a listing determination for a species, the
recovery team (if a
recovery team has been appointed for the species) shall provide the Secretary with a
description of any
habitat of the species that is recommended for designation as critical habitat pursuant to
this subsection and
any recommendations for special management considerations or protection that are specific
to the habitat.
`(B) NO RECOVERY TEAM APPOINTED- If a recovery team is not appointed by the Secretary, the
Secretary shall perform all duties of the recovery team required under this section.
`(2) DESIGNATION BY THE SECRETARY- The Secretary, to the maximum extent prudent and
determinable, shall by regulation designate any habitat that is considered to be critical
habitat of an endangered species or a threatened species that is indigenous to the United
States or waters with respect to which the United States exercises sovereign rights or
jurisdiction.
`(A) DESIGNATION-
`(i) PROPOSAL- Concurrently with publication of a draft recovery plan, the Secretary,
after
consultation and in cooperation with the recovery team, shall publish in the Federal
Register a
proposed regulation, based on the draft recovery plan for the species, that designates
critical habitat
for the species.
`(ii) PROMULGATION- Concurrently with publication of a final recovery plan, the Secretary,
after
consultation and in cooperation with the recovery team, shall publish a final regulation,
based on the
final recovery plan for the species, that designates critical habitat for the species.
`(B) OTHER DESIGNATIONS- If a recovery plan is not developed under this section for an
endangered
species or a threatened species, the Secretary shall publish a final critical habitat
determination for the
endangered species or threatened species not later than three years after making a
determination that the
species is an endangered species or a threatened species.
`(C) ADDITIONAL AUTHORITY- The Secretary may publish a regulation designating critical
habitat for
an endangered species or a threatened species concurrently with the final regulation
implementing the
determination that the species is endangered or threatened if the Secretary determines
that designation of
such habitat at the time of listing is essential to avoid the imminent extinction of the
species.
`(3) FACTORS TO BE CONSIDERED- The designation of critical habitat shall be made on the
basis of the best scientific and commercial data available and after taking into
consideration the economic impact, impacts to
military training and operations, and any other relevant impact, of specifying any
particular area as critical habitat.
The Secretary shall describe the economic impacts and other relevant impacts that are to
be considered under this subsection in the publication of any proposed regulation
designating critical habitat.
`(4) EXCLUSIONS- The Secretary may exclude any area from critical habitat for a species if
the Secretary
determines that the benefits of the exclusion outweigh the benefits of designating the
area as part of the critical
habitat, unless the Secretary determines that the failure to designate the area as
critical habitat will result in the
extinction of the species.
`(5) REVISIONS- The Secretary may, from time-to-time and as appropriate, revise a
designation. Each area
designated as critical habitat before the date of enactment of this subsection shall
continue to be considered so
designated, until the designation is revised in accordance with this subsection.
`(6) PETITIONS-
`(A) DETERMINATION THAT REVISION MAY BE WARRANTED- To the maximum extent
practicable, not later than 90 days after receiving the petition of an interested person
under section 553(e)
of title 5, United States Code, to revise a critical habitat designation, the Secretary
shall make a finding as to
whether the petition presents substantial scientific or commercial information indicating
that the revision may
be warranted. The Secretary shall promptly publish the finding in the Federal Register.
`(B) NOTICE OF PROPOSED ACTION- Not later than one year after receiving a petition that is
found
under subparagraph (A) to present substantial information indicating that the requested
revision may be
warranted, the Secretary shall determine how to proceed with the requested revision, and
shall promptly
publish notice of the intention in the Federal Register.
`(7) PROPOSED AND FINAL REGULATIONS- Any regulation to designate critical habitat or
implement a
requested revision shall be proposed and promulgated in accordance with paragraphs (4),
(5), and (6) of section
4(b) in the same manner as a regulation to implement a determination with respect to
listing a species.'.
(b) CITIZEN SUITS- Section 11(g) of the Endangered Species Act of 1973 (16 U.S.C. 1540(g))
is amended--
(1) in paragraph (1)(C), by inserting `or section 4A' after `section 4'; and
(2) in paragraph (2), by adding at the end the following:
`(D) ACTIONS RELATING TO CRITICAL HABITAT DESIGNATION- With respect to an action
relating to an alleged violation of section 4A(g) concerning the area designated by the
Secretary as critical
habitat, no action may be commenced independently of an action relating to an alleged
violation of
subsection (a) or (f) of section 4A.'.
(c) PLANS FOR PREVIOUSLY LISTED SPECIES-
(1) IN GENERAL- In the case of species included in the list published under section 4(c)
of the Endangered
Species Act of 1973 (16 U.S.C. 1533(c)) before the date of enactment of this Act, and for
which no final
recovery plan was developed before the date of enactment of this Act, the Secretary of the
Interior or the
Secretary of Commerce, as appropriate, shall develop a final recovery plan in accordance
with the requirements of section 4A of the Endangered Species Act of 1973, including the
priorities of subsection (a)(1) of that section, for not less than one-half of the species
not later than 36 months after the date of enactment of this Act and for all
species not later than 60 months after such date.
(2) DESIGNATIONS OF CRITICAL HABITAT- The Secretary of the Interior or the Secretary of
Commerce,
as appropriate, shall review and revise as necessary any designation of critical habitat
for a species described in
paragraph (1) based on the final recovery plan for the species and in accordance with
section 4A(g) of the
Endangered Species Act of 1973.
(d) CONFORMING AMENDMENTS-
(1) Section 3(5)(A) of the Endangered Species Act of 1973 (16 U.S.C. 1532(5)(A)) is
amended--
(A) in clause (i), by striking `, at the time it is listed in accordance with the
provisions of section 4 of this
Act,'; and
(B) in clause (ii), by striking `at the time it is listed in accordance with the
provisions of section 4 of this Act'.
(2) Section 4 of the Endangered Species Act of 1973 (16 U.S.C. 1533) (as amended by
section 1(2)) is
amended--
(A) in subsection (a), by striking paragraph (3);
(B) in subsection (b)--
(i) by striking paragraph (2);
(ii) in paragraph (3), by striking subparagraph (D);
(iii) in paragraph (5), by striking `, designation, or revision referred to in subsection
(a)(1) or (3),' and
inserting `referred to in subsection (a)(1),';
(iv) in paragraph (6)--
(I) by striking `(6)(A)' and all that follows through the end of subparagraph (A) and
inserting
the following:
`(6) FINAL REGULATIONS-
`(A) IN GENERAL- Within the one-year period beginning on the date on which general notice
is published
in accordance with paragraph (5)(A)(i) regarding a proposed regulation, the Secretary
shall publish in the
Federal Register--
`(i) a final regulation to implement the determination;
`(ii) notice that the one-year period is being extended under subparagraph (B)(i); or
`(iii) notice that the proposed regulation is being withdrawn under subparagraph (B)(ii),
together with
the finding on which the withdrawal is based.';
(II) in subparagraph (B)(i), by striking `or revision';
(III) in subparagraph (B)(iii), by striking `or revision concerned, a finding that the
revision
should not be made,'; and
(IV) by striking subparagraph (C); and
(v) by redesignating paragraph (8) as paragraph (2) and moving that paragraph to appear
after
paragraph (1);
(C) in subsection (c)(1)--
(i) in the second sentence, by inserting `designated' before `critical habitat'; and
(ii) in the third sentence, by striking `determinations, designations, and revisions' and
inserting
`determinations';
(D) by redesignating subsections (g) through (i) as subsections (f) through (h),
respectively; and
(E) in subsection (g)(4) (as so redesignated), by striking `subsection (f) of this
section' and inserting `section
4A'.
(3) Section 4A of the Endangered Species Act of 1973 (as added by section 1) is amended--
(A) in subsection (a)--
(i) in the first sentence--
(I) by striking `this subsection' and inserting `this section'; and
(II) by striking `this section' and inserting `section 4';
(ii) by redesignating subparagraphs (A) and (B) as paragraphs (1) and (2), respectively;
and
(iii) in paragraph (2) (as so redesignated)--
(I) by redesignating clauses (i) through (iii) as subparagraphs (A) through (C),
respectively;
and
(II) in subparagraph (B) (as so redesignated), by striking `the provisions of this
section' and
inserting `section 4';
(B) in subsection (c), by striking `this section' and inserting `section 4'; and
(C) in subsection (e), by striking `paragraph (4)' and inserting `subsection (d)'.
(4) Section 6(d)(1) of the Endangered Species Act of 1973 (16 U.S.C. 1535(d)(1)) is
amended in the first
sentence by striking `section 4(g)' and inserting `section 4(f)'.
(5) Section 10(f)(5) of the Endangered Species Act of 1973 (16 U.S.C. 1539(f)(5)) is
amended by striking the
last sentence.
(6) Section 104(c)(4)(A)(ii)(I) of the Marine Mammal Protection Act of 1972 (16 U.S.C.
1374(c)(4)(A)(ii)(I)) is amended by striking `section 4(f)' and inserting `section 4A'.
(7) Section 115(b)(2) of the Marine Mammal Protection Act of 1972 (16 U.S.C. 1383b(b)(2))
is amended by
striking `section 4(f) of the Endangered Species Act of 1973 (16 U.S.C. 1533(f))' and
inserting `section 4A of the Endangered Species Act of 1973'.
(8) Section 118(f)(11) of the Marine Mammal Protection Act of 1972 (16 U.S.C. 1387(f)(11))
is amended by
striking `section 4' and inserting `section 4A'.
(9) The table of contents in the first section of the Endangered Species Act of 1973 (16
U.S.C. prec. 1531) is
amended by inserting after the item relating to section 4 the following:
`Sec. 4A. Recovery plans and critical habitat designations.'.
THE WHITE HOUSE
Office of the Press Secretary
________________________________________________________________________
For Immediate Release February 3, 1999
EXECUTIVE ORDER 13112
- - - - - - -
INVASIVE SPECIES
By the authority vested in me as President by the Constitution and
the laws of the United States of America, including the National
Environmental Policy Act of 1969, as amended (42 U.S.C. 4321 et seq.),
Nonindigenous Aquatic Nuisance Prevention and Control Act of 1990, as
amended (16 U.S.C. 4701 et seq.), Lacey Act, as amended (18 U.S.C. 42),
Federal Plant Pest Act (7 U.S.C. 150aa et seq.), Federal Noxious Weed
Act of 1974, as amended (7 U.S.C. 2801 et seq.), Endangered Species Act
of 1973, as amended (16 U.S.C. 1531 et seq.), and other pertinent
statutes, to prevent the introduction of invasive species and provide
for their control and to minimize the economic, ecological, and human
health impacts that invasive species cause, it is ordered as follows:
Section 1. Definitions.
(a) "Alien species" means, with respect to a particular ecosystem,
any species, including its seeds, eggs, spores, or other biological
material capable of propagating that species, that is not native to that
ecosystem.
(b) "Control" means, as appropriate, eradicating, suppressing,
reducing, or managing invasive species populations, preventing spread of
invasive species from areas where they are present, and taking steps
such as restoration of native species and habitats to reduce the effects
of invasive species and to prevent further invasions.
(c) "Ecosystem" means the complex of a community of organisms and its
environment.
(d) "Federal agency" means an executive department or agency, but
does not include independent establishments as defined by 5 U.S.C. 104.
(e) "Introduction" means the intentional or unintentional escape,
release, dissemination, or placement of a species into an ecosystem as a
result of human activity.
(f) "Invasive species" means an alien species whose introduction does
or is likely to cause economic or environmental harm or harm to human
health.
(g) "Native species" means, with respect to a particular ecosystem, a
species that, other than as a result of an introduction, historically
occurred or currently occurs in that ecosystem.
(h) "Species" means a group of organisms all of which have a high
degree of physical and genetic similarity, generally interbreed only
among themselves, and show persistent differences from members of allied
groups of organisms.
(i) "Stakeholders" means, but is not limited to, State, tribal, and
local government agencies, academic institutions, the scientific
community, nongovernmental entities including environmental,
agricultural, and conservation organizations, trade groups, commercial
interests, and private landowners.
(j) "United States" means the 50 States, the District of Columbia,
Puerto Rico, Guam, and all possessions, territories, and the territorial
sea of the United States.
Sec. 2. Federal Agency Duties. (a) Each Federal agency whose
actions may affect the status of invasive species shall, to the extent
practicable and permitted by law,
(1) identify such actions;
(2) subject to the availability of appropriations, and within
Administration budgetary limits, use relevant programs and authorities
to: (i) prevent the introduction of invasive species; (ii) detect and
respond rapidly to and control populations of such species in a
cost-effective and environmentally sound manner; (iii) monitor invasive
species populations accurately and reliably; (iv) provide for
restoration of native species and habitat conditions in ecosystems that
have been invaded; (v) conduct research on invasive species and develop
technologies to prevent introduction and provide for environmentally
sound control of invasive species; and (vi) promote public education on
invasive species and the means to address them; and
(3) not authorize, fund, or carry out actions that it believes are
likely to cause or promote the introduction or spread of invasive
species in the United States or elsewhere unless, pursuant to guidelines
that it has prescribed, the agency has determined and made public its
determination that the benefits of such actions clearly outweigh the
potential harm caused by invasive species; and that all feasible and
prudent measures to minimize risk of harm will be taken in conjunction
with the actions.
(b) Federal agencies shall pursue the duties set forth in this
section in consultation with the Invasive Species Council, consistent
with the Invasive Species Management Plan and in cooperation with
stakeholders, as appropriate, and, as approved by the Department of
State, when Federal agencies are working with international
organizations and foreign nations.
Sec. 3. Invasive Species Council. (a) An Invasive Species Council
(Council) is hereby established whose members shall include the
Secretary of State, the Secretary of the Treasury, the Secretary of
Defense, the Secretary of the Interior, the Secretary of Agriculture,
the Secretary of Commerce, the Secretary of Transportation, and the
Administrator of the Environmental Protection Agency. The Council shall
be Co-Chaired by the Secretary of the Interior, the Secretary of
Agriculture, and the Secretary of Commerce. The Council may invite
additional Federal agency representatives to be members, including
representatives from subcabinet bureaus or offices with significant
responsibilities concerning invasive species, and may prescribe special
procedures for their participation. The Secretary of the Interior
shall, with concurrence of the Co-Chairs, appoint an Executive Director
of the Council and shall provide the staff and administrative support
for the Council.
(b) The Secretary of the Interior shall establish an advisory
committee under the Federal Advisory Committee Act, 5 U.S.C. App., to
provide information and advice for consideration by the Council, and
shall, after consultation with other members of the Council, appoint
members of the advisory committee representing stakeholders. Among
other things, the advisory committee shall recommend plans and actions
at local, tribal, State, regional, and ecosystem-based levels to achieve
the goals and objectives of the Management Plan in section 5 of this
order. The advisory committee shall act in cooperation with
stakeholders and existing organizations addressing invasive species.
The Department of the Interior shall provide the administrative and
financial support for the advisory committee.
Sec. 4. Duties of the Invasive Species Council. The Invasive
Species Council shall provide national leadership regarding invasive
species, and shall:
(a) oversee the implementation of this order and see that the Federal
agency activities concerning invasive species are coordinated,
complementary, cost-efficient, and effective, relying to the extent
feasible and appropriate on existing organizations addressing invasive
species, such as the Aquatic Nuisance Species Task Force, the Federal
Interagency Committee for the Management of Noxious and Exotic Weeds,
and the Committee on Environment and Natural Resources;
(b) encourage planning and action at local, tribal, State, regional,
and ecosystem-based levels to achieve the goals and objectives of the
Management Plan in section 5 of this order, in cooperation with
stakeholders and existing organizations addressing invasive species;
(c) develop recommendations for international cooperation in
addressing invasive species;
(d) develop, in consultation with the Council on Environmental
Quality, guidance to Federal agencies pursuant to the National
Environmental Policy Act on prevention and control of invasive species,
including the procurement, use, and maintenance of native species as
they affect invasive species;
(e) facilitate development of a coordinated network among Federal
agencies to document, evaluate, and monitor impacts from invasive
species on the economy, the environment, and human health;
(f) facilitate establishment of a coordinated, up-to-date
information-sharing system that utilizes, to the greatest extent
practicable, the Internet; this system shall facilitate access to and
exchange of information concerning invasive species, including, but not
limited to, information on distribution and abundance of invasive
species; life histories of such species and invasive characteristics;
economic, environmental, and human health impacts; management
techniques, and laws and programs for management, research, and public
education; and
(g) prepare and issue a national Invasive Species Management Plan as
set forth in section 5 of this order.
Sec. 5. Invasive Species Management Plan. (a) Within 18 months
after issuance of this order, the Council shall prepare and issue the
first edition of a National Invasive Species Management Plan (Management
Plan), which shall detail and recommend performance-oriented goals and
objectives and specific measures of success for Federal agency efforts
concerning invasive species. The Management Plan shall recommend
specific objectives and measures for carrying out each of the Federal
agency duties established in section 2(a) of this order and shall set
forth steps to be taken by the Council to carry out the duties assigned
to it under section 4 of this order. The Management Plan shall be
developed through a public process and in consultation with Federal
agencies and stakeholders.
(b) The first edition of the Management Plan shall include a review
of existing and prospective approaches and authorities for preventing
the introduction and spread of invasive species, including those for
identifying pathways by which invasive species are introduced and for
minimizing the risk of introductions via those pathways, and shall
identify research needs and recommend measures to minimize the risk that
introductions will occur. Such recommended measures shall provide for a
science-based process to evaluate risks associated with introduction and
spread of invasive species and a coordinated and systematic risk-based
process to identify, monitor, and interdict pathways that may be
involved in the introduction of invasive species. If recommended
measures are not authorized by current law, the Council shall develop
and recommend to the President through its Co-Chairs legislative
proposals for necessary changes in authority.
(c) The Council shall update the Management Plan biennially and shall
concurrently evaluate and report on success in achieving the goals and
objectives set forth in the Management Plan. The Management Plan shall
identify the personnel, other resources, and additional levels of
coordination needed to achieve the Management Plan's identified goals
and objectives, and the Council shall provide each edition of the
Management Plan and each report on it to the Office of Management and
Budget. Within 18 months after measures have been recommended by the
Council in any edition of the Management Plan, each Federal agency whose
action is required to implement such measures shall either take the
action recommended or shall provide the Council with an explanation of
why the action is not feasible. The Council shall assess the
effectiveness of this order no less than once each 5 years after the
order is issued and shall report to the Office of Management and Budget
on whether the order should be revised.
Sec. 6. Judicial Review and Administration. (a) This order is
intended only to improve the internal management of the executive branch
and is not intended to create any right, benefit, or trust
responsibility, substantive or procedural, enforceable at law or equity
by a party against the United States, its agencies, its officers, or any
other person.
(b) Executive Order 11987 of May 24, 1977, is hereby revoked.
(c) The requirements of this order do not affect the obligations of
Federal agencies under 16 U.S.C. 4713 with respect to ballast water
programs.
(d) The requirements of section 2(a)(3) of this order shall not apply
to any action of the Department of State or Department of Defense if the
Secretary of State or the Secretary of Defense finds that exemption from
such requirements is necessary for foreign policy or national security
reasons.
WILLIAM J. CLINTON
THE WHITE HOUSE,
February 3, 1999.
106th CONGRESS
1st Session
S. 910
To streamline, modernize, and enhance the authority of the Secretary of Agriculture
relating to plant protection and quarantine,
and for other purposes.
IN THE SENATE OF THE UNITED STATES
April 29, 1999
Mr. CRAIG introduced the following bill; which was read twice and referred to the
Committee on Agriculture, Nutrition, and
Forestry
A BILL
To streamline, modernize, and enhance the authority of the Secretary of Agriculture
relating to plant protection and quarantine,
and for other purposes.
Be it enacted by the Senate and House of Representatives of the United States of America
in Congress
assembled,
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) SHORT TITLE- This Act may be cited as the `Noxious Weed Coordination and Plant
Protection Act'.
(b) TABLE OF CONTENTS- The table of contents of this Act is as follows:
Sec. 1. Short title; table of contents.
Sec. 2. Findings.
Sec. 3. Definitions.
TITLE I--PLANT PROTECTION
Sec. 101. Regulation of movement of plant pests.
Sec. 102. Regulation of movement of plants, plant products, biological control organisms,
noxious weeds, articles,
and means of conveyance.
Sec. 103. Notification and holding requirements on arrival.
Sec. 104. General remedial measures for new plant pests and noxious weeds.
Sec. 105. Extraordinary emergencies.
Sec. 106. Recovery of compensation for unauthorized activities.
Sec. 107. Control of grasshoppers and Mormon Crickets.
Sec. 108. Certification for exports.
TITLE II--INSPECTION AND ENFORCEMENT
Sec. 201. Inspections and warrants.
Sec. 202. Collection of information.
Sec. 203. Subpoena authority.
Sec. 204. Penalties for violation.
Sec. 205. Enforcement actions of Attorney General.
Sec. 206. Court jurisdiction.
TITLE III--MISCELLANEOUS PROVISIONS
Sec. 301. Cooperation.
Sec. 302. Buildings, land, people, claims, and agreements.
Sec. 303. Reimbursable agreements.
Sec. 304. Protection for mail handlers.
Sec. 305. Preemption.
Sec. 306. Regulations and orders.
Sec. 307. Repeal of superseded laws.
TITLE IV--FEDERAL COORDINATION
Sec. 401. Definitions.
Sec. 402. Invasive Species Council.
Sec. 403. Advisory committee.
Sec. 404. Invasive Species Action Plan.
TITLE V--AUTHORIZATION OF APPROPRIATIONS
Sec. 501. Authorization of appropriations.
Sec. 502. Transfer authority.
SEC. 2. FINDINGS.
Congress finds that--
(1) the detection, control, eradication, suppression, prevention, and retardation of the
spread of plant pests and
noxious weeds is necessary for the protection of the agriculture, environment, and economy
of the United States;
(2) biological control--
(A) is often a desirable, low-risk means of ridding crops and other plants of plant pests
and noxious weeds;
and
(B) should be facilitated by the Secretary of Agriculture, Federal agencies, and States,
whenever feasible;
(3) the smooth movement of enterable plants, plant products, certain biological control
organisms, or other articles
into, out of, or within the United States is vital to the economy of the United States and
should be facilitated to the
extent practicable;
(4) markets could be severely impacted by the introduction or spread of plant pests or
noxious weeds into or
within the United States;
(5) the unregulated movement of plants, plant products, biological control organisms,
plant pests, noxious weeds,
and articles capable of harboring plant pests or noxious weeds would present an
unacceptable risk of introducing
or spreading plant pests or noxious weeds;
(6) the existence on any premises in the United States of a plant pest or noxious weed new
to or not known to be
widely prevalent in or distributed within and throughout the United States could threaten
crops, other plants, and
plant products of the United States and burden interstate commerce or foreign commerce;
and
(7) all plants, plant products, biological control organisms, plant pests, noxious weeds,
or articles capable of
harboring plant pests or noxious weeds regulated under this Act are in or affect
interstate commerce or foreign
commerce.
SEC. 3. DEFINITIONS.
In this Act:
(1) ARTICLE- The term `article' means a material or tangible object that could harbor a
plant pest or noxious
weed.
(2) BIOLOGICAL CONTROL ORGANISM- The term `biological control organism' means an enemy,
antagonist, or competitor organism used to control a plant pest or noxious weed.
(3) ENTER- The term `enter' means to move into the commerce of the United States.
(4) ENTRY- The term `entry' means the act of movement into the commerce of the United
States.
(5) EXPORT- The term `export' means to move from the United States to any place outside
the United States.
(6) EXPORTATION- The term `exportation' means the act of movement from the United States
to any place
outside the United States.
(7) IMPORT- The term `import' means to move into the territorial limits of the United
States.
(8) IMPORTATION- The term `importation' means the act of movement into the territorial
limits of the United
States.
(9) INTERSTATE- The term `interstate' means--
(A) from 1 State into or through any other State; or
(B) within the District of Columbia, Guam, the Virgin Islands of the United States, or any
other territory or
possession of the United States.
(10) INTERSTATE COMMERCE- The term `interstate commerce' means trade, traffic, movement,
or other
commerce--
(A) between a place in a State and a point in another State;
(B) between points within the same State but through any place outside the State; or
(C) within the District of Columbia, Guam, the Virgin Islands of the United States, or any
other territory or
possession of the United States.
(11) MEANS OF CONVEYANCE- The term `means of conveyance' means any personal property that
could
harbor a pest, disease, or noxious weed and that is used for or intended for use for the
movement of any other
personal property.
(12) MOVE- The term `move' means to--
(A) carry, enter, import, mail, ship, or transport;
(B) aid, abet, cause, or induce the carrying, entering, importing, mailing, shipping, or
transporting;
(C) offer to carry, enter, import, mail, ship, or transport;
(D) receive to carry, enter, import, mail, ship, or transport;
(E) release into the environment; or
(F) allow an agent to participate in any of the activities referred to in this paragraph.
(13) MOVEMENT- The term `move' means the act of--
(A) carrying, entering, importing, mailing, shipping, or transporting;
(B) aiding, abetting, causing, or inducing the carrying, entering, importing, mailing,
shipping, or transporting;
(C) offering to carry, enter, import, mail, ship, or transport;
(D) receiving to carry, enter, import, mail, ship, or transport;
(E) releasing into the environment; or
(F) allowing an agent to participate in any of the activities referred to in this
paragraph.
(14) NOXIOUS WEED- The term `noxious weed' means a plant or plant product that has the
potential to directly
or indirectly injure or cause damage to a plant or plant product through injury or damage
to a crop (including
nursery stock or a plant product), livestock, poultry, or other interest of agriculture
(including irrigation),
navigation, natural resources of the United States, public health, or the environment.
(15) PERMIT- The term `permit' means a written (including electronic) or oral
authorization by the Secretary to
move a plant, plant product, biological control organism, plant pest, noxious weed,
article, or means of
conveyance under conditions prescribed by the Secretary.
(16) PERSON- The term `person' means an individual, partnership, corporation, association,
joint venture, or
other legal entity.
(17) PLANT- The term `plant' means a plant (including a plant part) for or capable of
propagation (including a
tree, tissue culture, plantlet culture, pollen, shrub, vine, cutting, graft, scion, bud,
bulb, root, and seed).
(18) PLANT PEST- The term `plant pest' means--
(A) a living stage of a protozoan, invertebrate animal, parasitic plant, bacteria, fungus,
virus, viroid, infection
agent, or pathogen that has the potential to directly or indirectly injure or cause damage
to, or cause disease
in, a plant or plant product; or
(B) an article that is similar to or allied with an article referred to in subparagraph
(A).
(19) PLANT PRODUCT- The term `plant product' means--
(A) a flower, fruit, vegetable, root, bulb, seed, or other plant part that is not covered
by paragraph (17);
and
(B) a manufactured or processed plant or plant part.
(20) SECRETARY- The term `Secretary' means the Secretary of Agriculture.
(21) STATE- The term `State' means each of the several States of the United States, the
District of Columbia, the
Commonwealth of Puerto Rico, the Virgin Islands, Guam, the Commonwealth of the Northern
Mariana Islands,
and any other territory or possession of the United States.
(22) UNITED STATES- The term `United States', when used in a geographical sense, means all
of the States.
TITLE I--PLANT PROTECTION
SEC. 101. REGULATION OF MOVEMENT OF PLANT PESTS.
(a) PROHIBITION OF UNAUTHORIZED MOVEMENT OF PLANT PESTS- Except as provided in subsection
(b),
no person shall import, enter, export, or move in interstate commerce a plant pest, unless
the importation, entry,
exportation, or movement is authorized under general or specific permit and is in
accordance with such regulations as the
Secretary may promulgate to prevent the introduction of plant pests into the United States
or the dissemination of plant
pests within the United States.
(b) AUTHORIZATION OF MOVEMENT OF PLANT PESTS BY REGULATION-
(1) EXCEPTION TO PERMIT REQUIREMENT- The Secretary may promulgate regulations to allow the
importation, entry, exportation, or movement in interstate commerce of specified plant
pests without further
restriction if the Secretary finds that a permit under subsection (a) is not necessary.
(2) PETITION TO ADD OR REMOVE PLANT PESTS FROM REGULATION- A person may petition the
Secretary to add a plant pest to, or remove a plant pest from, the regulations promulgated
under paragraph (1).
(3) RESPONSE TO PETITION BY THE SECRETARY- In the case of a petition submitted under
paragraph
(2), the Secretary shall--
(A) act on the petition within a reasonable time; and
(B) notify the petitioner of the final action the Secretary takes on the petition.
(4) BASIS FOR DETERMINATION- The determination of the Secretary on the petition shall be
based on
sound science.
(c) PROHIBITION OF UNAUTHORIZED MAILING OF PLANT PESTS-
(1) IN GENERAL- Subject to section 304, a letter, parcel, box, or other package containing
a plant pest,
whether or not sealed as letter-rate postal matter, is nonmailable and shall not knowingly
be conveyed in the mail
or delivered from any post office or by any mail carrier, unless the package is mailed in
compliance with such
regulations as the Secretary may promulgate to prevent the dissemination of plant pests
into the United States or
interstate.
(2) APPLICATION OF POSTAL LAWS- Nothing in this subsection authorizes a person to open a
mailed letter
or other mailed sealed matter except in accordance with the postal laws (including
regulations).
(d) REGULATIONS- Regulations promulgated by the Secretary to implement subsections (a),
(b), or (c) may include
provisions requiring that a plant pest imported, entered, to be exported, moved in
interstate commerce, mailed, or
delivered from a post office--
(1) be accompanied by a permit issued by the Secretary before the importation, entry,
exportation, movement in
interstate commerce, mailing, or delivery of the plant pest;
(2) be accompanied by a certificate of inspection issued (in a manner and form required by
the Secretary) by
appropriate officials of the country or State from which the plant pest is to be moved;
(3) be raised under post-entry quarantine conditions by or under the supervision of the
Secretary for the purposes
of determining whether the plant pest may be infested with other plant pests, may pose a
significant risk of causing
injury to, damage to, or disease in a plant or plant product, or may be a noxious weed;
and
(4) be subject to such remedial measures as the Secretary determines are necessary to
prevent the dissemination
of plant pests.
SEC. 102. REGULATION OF MOVEMENT OF PLANTS, PLANT PRODUCTS, BIOLOGICAL
CONTROL ORGANISMS, NOXIOUS WEEDS, ARTICLES, AND MEANS OF CONVEYANCE.
(a) IN GENERAL- The Secretary may prohibit or restrict the importation, entry,
exportation, or movement in interstate
commerce of a plant, plant product, biological control organism, noxious weed, article, or
means of conveyance, if the
Secretary determines that the prohibition or restriction is necessary to prevent the
introduction into the United States or
the dissemination of a plant pest or noxious weed within the United States.
(b) REGULATIONS- The Secretary may promulgate regulations to carry out this section,
including regulations requiring
that a plant, plant product, biological control organism, noxious weed, article, or means
of conveyance imported, entered,
to be exported, or moved in interstate commerce--
(1) be accompanied by a permit issued by the Secretary prior to the importation, entry,
exportation, or movement
in interstate commerce;
(2) be accompanied by a certificate of inspection issued (in a manner and form required by
the Secretary) by
appropriate officials of the country or State from which the plant, plant product,
biological control organism,
noxious weed, article, or means of conveyance is to be moved;
(3) be subject to remedial measures the Secretary determines to be necessary to prevent
the spread of plant pests
or noxious weeds; and
(4) in the case of a plant or biological control organism, be grown or handled under
post-entry quarantine
conditions by or under the supervision of the Secretary for the purpose of determining
whether the plant or
biological control organism may be infested with a plant pest or noxious weed, or may be a
plant pest or noxious
weed.
(c) LIST OF RESTRICTED NOXIOUS WEEDS-
(1) PUBLICATION- The Secretary may publish, by regulation, a list of noxious weeds that
are prohibited or
restricted from entering the United States or that are subject to restrictions on
interstate movement within the
United States.
(2) PETITIONS TO ADD PLANT SPECIES TO OR REMOVE PLANT SPECIES FROM LIST-
(A) IN GENERAL- A person may petition the Secretary to add a plant species to, or remove a
plant
species from, the list authorized under paragraph (1).
(B) ACTION ON PETITION- The Secretary shall--
(i) act on the petition within a reasonable time; and
(ii) notify the petitioner of the final action the Secretary takes on the petition.
(C) BASIS FOR DETERMINATION- The determination of the Secretary on the petition shall be
based
on sound science.
(d) LIST OF BIOLOGICAL CONTROL ORGANISMS-
(1) PUBLICATION- The Secretary may publish, by regulation, a list of biological control
organisms the
movement of which in interstate commerce is not prohibited or restricted.
(2) DISTINCTIONS- In publishing the list, the Secretary may take into account distinctions
between biological
control organisms, such as whether the organisms are indigenous, nonindigenous, newly
introduced, or
commercially raised.
(3) PETITIONS TO ADD BIOLOGICAL CONTROL ORGANISMS TO OR REMOVE BIOLOGICAL
CONTROL ORGANISMS FROM LIST-
(A) IN GENERAL- A person may petition the Secretary to add a biological control organism
to, or
remove a biological control organism from, the list authorized under paragraph (1).
(B) ACTION ON PETITION- The Secretary shall--
(i) act on the petition within a reasonable time; and
(ii) notify the petitioner of the final action the Secretary takes on the petition.
(C) BASIS FOR DETERMINATION- The determination of the Secretary on the petition shall be
based
on sound science.
SEC. 103. NOTIFICATION AND HOLDING REQUIREMENTS ON ARRIVAL.
(a) DUTY OF SECRETARY OF THE TREASURY-
(1) NOTIFICATION- The Secretary of the Treasury shall promptly notify the Secretary of
Agriculture of the
arrival of a plant, plant product, biological control organism, plant pest, or noxious
weed at a port of entry.
(2) HOLDING- The Secretary of the Treasury shall hold a plant, plant product, biological
control organism, plant
pest, or noxious weed, for which notification is made under paragraph (1) at the port of
entry until the plant, plant
product, biological control organism, plant pest, or noxious weed is--
(A) inspected and authorized by the Secretary of Agriculture for entry into or movement
through the United
States; or
(B) otherwise released by the Secretary of Agriculture.
(3) EXCEPTIONS- Paragraphs (1) and (2) shall not apply to a plant, plant product,
biological control organism,
plant pest, or noxious weed that is imported from a country or region of a country
designated by the Secretary of
Agriculture, by regulation, as exempt from the requirements of those paragraphs.
(b) NOTIFICATION BY RESPONSIBLE PERSON- The person responsible for a plant, plant product,
biological
control organism, plant pest, noxious weed, article, or means of conveyance required to
have a permit under section 101
or 102 shall, as soon as practicable on arrival
at the port of entry and before the plant, plant product, biological control organism,
plant pest, noxious weed, article, or means
of conveyance is moved from the port of entry, notify the Secretary of Agriculture or, at
the Secretary of Agriculture's direction,
the proper official of the State to which the plant, plant product, biological control
organism, plant pest, noxious weed, article,
or means of conveyance is destined, or both, as the Secretary of Agriculture may
prescribe, of--
(1) the name and address of the consignee;
(2) the nature and quantity of the plant, plant product, biological control organism,
plant pest, noxious weed,
article, or means of conveyance proposed to be moved; and
(3) the country and locality where the plant, plant product, biological control organism,
plant pest, noxious weed,
article, or means of conveyance was grown, produced, or located.
(c) PROHIBITION OF MOVEMENT OF ITEMS WITHOUT INSPECTION AND AUTHORIZATION- No
person shall move from a port of entry or interstate an imported plant, plant product,
biological control organism, plant
pest, noxious weed, article, or means of conveyance unless the imported plant, plant
product, biological control
organism, plant pest, noxious weed, article, or means of conveyance has been--
(1) inspected and authorized by the Secretary of Agriculture for entry into or movement
through the United States;
or
(2) otherwise released by the Secretary of Agriculture.
SEC. 104. GENERAL REMEDIAL MEASURES FOR NEW PLANT PESTS AND NOXIOUS
WEEDS.
(a) AUTHORITY TO HOLD, TREAT, OR DESTROY ITEMS- If the Secretary considers it necessary to
prevent the
dissemination of a plant pest or noxious weed that is new to or not known to be widely
prevalent or distributed within
and throughout the United States, the Secretary may hold, seize, quarantine, treat, apply
other remedial measures to,
destroy, or otherwise dispose of a plant, plant product, biological control organism,
plant pest, noxious weed, article, or
means of conveyance that--
(1)(A) is moving into or through the United States or interstate, or has moved into or
through the United States or
interstate; and
(B)(i) the Secretary has reason to believe is a plant pest or noxious weed or is infested
with a plant pest or noxious
weed at the time of the movement; or
(ii) is or has been otherwise in violation of this Act;
(2) has not been maintained in compliance with a post-entry quarantine requirement; or
(3) is the progeny of a plant, plant product, biological control organism, plant pest, or
noxious weed that is moving
into or through the United States or interstate, or has moved into the United States or
interstate, in violation of this
Act.
(b) AUTHORITY TO ORDER AN OWNER TO TREAT OR DESTROY-
(1) IN GENERAL- The Secretary may order the owner of a plant, plant product, biological
control organism,
plant pest, noxious weed, article, or means of conveyance subject to action under
subsection (a), or the owner's
agent, to treat, apply other remedial measures to, destroy, or otherwise dispose of the
plant, plant product,
biological control organism, plant pest, noxious weed, article, or means of conveyance,
without cost to the Federal
Government and in a manner the Secretary considers appropriate.
(2) FAILURE TO COMPLY- If the owner or agent of the owner fails to comply with an order of
the Secretary
under paragraph (1), the Secretary may take an action authorized by subsection (a) and
recover from the owner
or agent of the owner the costs of any care, handling, application of remedial measures,
or disposal incurred by the
Secretary in connection with actions taken under subsection (a).
(c) CLASSIFICATION SYSTEM-
(1) IN GENERAL- To facilitate control of noxious weeds, the Secretary may develop a
classification system to
describe the status and action levels for noxious weeds.
(2) CATEGORIES- The classification system may include the geographic distribution,
relative threat, and actions
initiated to prevent introduction or distribution.
(3) MANAGEMENT PLANS- In conjunction with the classification system, the Secretary may
develop
integrated management plans for noxious weeds for the geographic region or ecological
range where the noxious
weed is found in the United States.
(d) APPLICATION OF LEAST DRASTIC ACTION- No plant, plant product, biological control
organism, plant pest,
noxious weed, article, or means of conveyance shall be destroyed, exported, or returned to
the shipping point of origin,
or ordered to be destroyed, exported, or returned to the shipping point of origin under
this section unless,
in the opinion of the Secretary, there is no less drastic action that is feasible and that
would be adequate to prevent the
dissemination of any plant pest or noxious weed new to or not known to be widely prevalent
or distributed within and
throughout the United States.
SEC. 105. EXTRAORDINARY EMERGENCIES.
(a) AUTHORITY TO DECLARE- Subject to subsection (b), if the Secretary determines that an
extraordinary
emergency exists because of the presence of a plant pest or noxious weed that is new to or
not known to be widely
prevalent in or distributed within and throughout the United States and that the presence
of the plant pest or noxious
weed threatens plants or plant products of the United States, the Secretary may--
(1) hold, seize, quarantine, treat, apply other remedial measures to, destroy, or
otherwise dispose of, a plant, plant
product, biological control organism, article, or means of conveyance that the Secretary
has reason to believe is
infested with the plant pest or noxious weed;
(2) quarantine, treat, or apply other remedial measures to any premises, including a
plant, plant product, biological
control organism, article, or means of conveyance on the premises, that the Secretary has
reason to believe is
infested with the plant pest or noxious weed;
(3) quarantine a State or portion of a State in which the Secretary finds the plant pest
or noxious weed or a plant,
plant product, biological control organism, article, or means of conveyance that the
Secretary has reason to believe
is infested with the plant pest or noxious weed; or
(4) prohibit or restrict the movement within a State of a plant, plant product, biological
control organism, article, or
means of conveyance if the Secretary determines that the prohibition or restriction is
necessary to prevent the
dissemination of the plant pest or noxious weed or to eradicate the plant pest or noxious
weed.
(b) REQUIRED FINDING OF EMERGENCY- The Secretary may take action under this section only
on finding, after
review and consultation with the Governor or other appropriate official of the State
affected, that the measures being
taken by the State are inadequate to prevent the dissemination of the plant pest or
noxious weed or to eradicate the plant
pest or noxious weed.
(c) NOTIFICATION PROCEDURES-
(1) IN GENERAL- Before any action is taken in a State under this section, the Secretary
shall--
(A) notify the Governor or another appropriate official of the State;
(B) issue a public announcement; and
(C) except as provided in paragraph (2), publish in the Federal Register a statement of--
(i) the findings of the Secretary;
(ii) the action the Secretary intends to take;
(iii) the reason for the intended action; and
(iv) if practicable, an estimate of the anticipated duration of the extraordinary
emergency.
(2) TIME SENSITIVE ACTIONS- If it is not practicable to publish a statement in the Federal
Register under
paragraph (1) before taking an action under this section, the Secretary shall publish the
statement in the Federal
Register within a reasonable period of time, not to exceed 10 business days, after
commencement of the action.
(d) APPLICATION OF LEAST DRASTIC ACTION- No plant, plant product, biological control
organism, plant pest,
noxious weed, article, or means of conveyance shall be destroyed, exported, or returned to
the shipping point of origin,
or ordered to be destroyed, exported, or returned to the shipping point of origin under
this section unless, in the opinion
of the Secretary, there is no less drastic action that is feasible and that would be
adequate to prevent the dissemination of
a plant pest or noxious weed new to or not known to be widely prevalent or distributed
within and throughout the United
States.
(e) PAYMENT OF COMPENSATION-
(1) IN GENERAL- The Secretary may pay compensation to a person for economic losses
incurred by the person
as a result of action taken by the Secretary under this section.
(2) AMOUNT- The determination by the Secretary of the amount of any compensation to be
paid under this
subsection shall be final and shall not be subject to judicial review.
SEC. 106. RECOVERY OF COMPENSATION FOR UNAUTHORIZED ACTIVITIES.
(a) RECOVERY ACTION- The owner of a plant, plant product, biological control organism,
plant pest, noxious weed,
article, or means of conveyance destroyed or otherwise disposed of by the Secretary under
section 104 or 105 may
bring an action against the United States to recover just compensation for the destruction
or disposal of the plant, plant
product, biological control organism, plant pest, noxious weed, article, or means of
conveyance (not including
compensation for loss due to delays incident to determining eligibility for importation,
entry, exportation, movement in
interstate commerce, or release into the environment) if the owner establishes that the
destruction or disposal was not
authorized under this Act.
(b) TIME FOR ACTION; LOCATION-
(1) TIME FOR ACTION- An action under this section shall be brought not later than 1 year
after the destruction
or disposal of the plant, plant product, biological control mechanism, plant pest, noxious
weed, article, or means of
conveyance involved.
(2) LOCATION- The action may be brought in a United States District Court where the owner
is found, resides,
transacts business, is licensed to do business, or is incorporated.
(c) PAYMENT OF JUDGMENTS- A judgment in favor of the owner shall be paid out of any money
in the Treasury
appropriated for plant pest control activities of the Department of Agriculture.
SEC. 107. CONTROL OF GRASSHOPPERS AND MORMON CRICKETS.
(a) IN GENERAL- Subject to the availability of funds under this section, the Secretary of
Agriculture shall
carry out a program to control grasshoppers and Mormon Crickets on all Federal land to
protect rangeland.
(b) TRANSFER AUTHORITY-
(1) IN GENERAL- Subject to paragraph (3), on the request of the Secretary of Agriculture,
the Secretary of the
Interior shall transfer to the Secretary of Agriculture, from any no-year appropriations,
funds for the prevention,
suppression, and control of actual or potential grasshopper and Mormon Cricket outbreaks
on Federal land under
the jurisdiction of the Secretary of the Interior.
(2) USE- The transferred funds shall be available only for the payment of obligations
incurred on the Federal land.
(3) TRANSFER REQUESTS- The Secretary of Agriculture shall make a request for the transfer
of funds under
this subsection as promptly as practicable.
(4) LIMITATION- The Secretary of Agriculture may not use funds transferred under this
subsection until funds
specifically appropriated to the Secretary of Agriculture for grasshopper and Mormon
Cricket control have been
exhausted.
(5) REPLENISHMENT OF TRANSFERRED FUNDS- Funds transferred under this section shall be
replenished by supplemental or regular appropriations, which the Secretary of Agriculture
shall request as
promptly as practicable.
(c) TREATMENT FOR GRASSHOPPERS AND MORMON CRICKETS-
(1) IN GENERAL- Subject to the availability of funds under this section, on request of the
head of the
administering agency or the agriculture department of an affected State, the Secretary of
Agriculture, to protect
rangeland, shall immediately treat Federal, State, or private land that is infested with
grasshoppers or Mormon
Crickets at levels of economic infestation, unless the Secretary of Agriculture determines
that delaying treatment
will not cause greater economic damage to adjacent owners of rangeland.
(2) OTHER PROGRAMS- In carrying out this section, the Secretary of Agriculture shall work
in conjunction with
other Federal, State, and private prevention, control, or suppression efforts to protect
rangeland.
(d) FEDERAL COST SHARE OF TREATMENT-
(1) CONTROL ON FEDERAL LAND- Out of funds made available under this section, the Secretary
of
Agriculture shall pay 100 percent of the cost of grasshopper or Mormon Cricket control on
Federal land to
protect rangeland.
(2) CONTROL ON STATE LAND- Out of funds made available under this section, the Secretary
of Agriculture
shall pay 50 percent of the cost of grasshopper or Mormon Cricket control on State land.
(3) CONTROL ON PRIVATE LAND- Out of funds made available under this section, the Secretary
of
Agriculture shall pay 33.3 percent of the cost of grasshopper or Mormon Cricket control on
private land.
(e) TRAINING- From funds made available or transferred by the Secretary of the Interior to
the Secretary of
Agriculture to carry out this section, the Secretary of Agriculture shall provide adequate
funding for a program to train
personnel to accomplish effectively the purposes of this section.
SEC. 108. CERTIFICATION FOR EXPORTS.
The Secretary may certify a plant, plant product, or biological control organism as free
from plant pests and noxious
weeds, and exposure to plant pests and noxious weeds, according to the phytosanitary or
other requirements of the
countries to which the plant, plant product, or biological control organism may be
exported.
TITLE II--INSPECTION AND ENFORCEMENT
SEC. 201. INSPECTIONS AND WARRANTS.
(a) IN GENERAL- Consistent with guidelines approved by the Attorney General, the Secretary
may--
(1) stop and inspect, without a warrant, a person or means of conveyance moving into the
United States to
determine whether the person or means of conveyance is carrying a plant, plant product,
biological control
organism, plant pest, noxious weed, article, or means of conveyance subject to this Act;
(2) stop and inspect, without a warrant, a person or means of conveyance moving in
interstate commerce on
probable cause to believe that the person or means of conveyance is carrying a plant,
plant product, biological
control organism, plant pest, noxious weed, article, or means of conveyance subject to
this Act;
(3) stop and inspect, without a warrant, a person or means of conveyance moving in
intrastate commerce or on
premises quarantined as part of an extraordinary emergency declared under section 105 on
probable cause to
believe that the person or means of conveyance is carrying a plant, plant product,
biological control organism,
plant pest, noxious weed, article, or means of conveyance subject to this Act; and
(4) enter, with a warrant, a premises in the United States for the purpose of conducting
investigations or making
inspections under this Act.
(b) WARRANTS-
(1) IN GENERAL- A United States judge, a judge of a court of record in the United States,
or a United States
magistrate judge may, on proper oath or affirmation showing probable cause to believe that
there is on certain
premises a plant, plant product, biological control organism, plant pest, noxious weed,
article, or means of
conveyance regulated under this Act, issue a warrant for entry on the premises to conduct
an investigation or make
an inspection under this Act.
(2) EXECUTION- The warrant may be applied for and executed by the Secretary or a United
States marshal.
SEC. 202. COLLECTION OF INFORMATION.
The Secretary may gather and compile information and conduct such investigations as the
Secretary considers necessary
for the administration and enforcement of this Act.
SEC. 203. SUBPOENA AUTHORITY.
(a) AUTHORITY TO ISSUE- The Secretary may require by subpoena--
(1) the attendance and testimony of a witness; and
(2) the production of all documentary evidence relating to the administration or
enforcement of this Act or a matter
under investigation in connection with this Act.
(b) LOCATION OF PRODUCTION- The attendance of a witness and production of documentary
evidence may be
required from any place in the United States at any designated place of hearing.
(c) ENFORCEMENT OF SUBPOENA- If a person fails to comply with a subpoena, the Secretary
may request the
Attorney General to invoke the aid of a court of the United States within the jurisdiction
in which the investigation is
conducted, or where the person resides, is found, transacts business, is licensed to do
business, or is incorporated, in
obtaining compliance.
(d) FEES AND MILEAGE-
(1) IN GENERAL- A witness summoned by the Secretary shall be paid the same fees and
mileage that are paid
to a witness in a court of the United States.
(2) DEPOSITIONS- A witness whose deposition is taken, and the person taking the
deposition, shall be entitled
to the same fees that are paid for similar services in a court of the United States.
(e) PROCEDURES-
(1) IN GENERAL- The Secretary shall publish procedures for the issuance of subpoenas under
this section.
(2) LEGAL SUFFICIENCY- The procedures shall include a requirement that a subpoena be
reviewed for legal
sufficiency and signed by the Secretary.
(3) DELEGATION- If the authority to sign a subpoena is delegated, the agency receiving the
delegation shall seek
review for legal sufficiency outside that agency.
(f) SCOPE OF SUBPOENA- A subpoena for a witness to attend a court in a judicial district
or to testify or produce
evidence at an administrative hearing in a judicial district in an action or proceeding
arising under this Act may run to any
other judicial district.
SEC. 204. PENALTIES FOR VIOLATION.
(a) CRIMINAL PENALTIES- A person that knowingly violates this Act, or that knowingly
forges, counterfeits, or,
without authority from the Secretary, uses, alters, defaces, or destroys a certificate,
permit, or other document provided
under this Act shall be guilty of a misdemeanor, and, on conviction, shall be fined in
accordance with title 18, United
States Code, imprisoned not more than 1 year, or both.
(b) CIVIL PENALTIES-
(1) IN GENERAL- A person that violates this Act, or that forges, counterfeits, or, without
authority from the
Secretary, uses, alters, defaces, or destroys a certificate, permit, or other document
provided under this Act may,
after notice and opportunity for a hearing on the record, be assessed a civil penalty by
the Secretary that does not
exceed the greater of--
(A) $50,000 in the case of an individual (except that the civil penalty may not exceed
$1,000 in the case of
an initial violation of this Act by an individual moving regulated articles not for
monetary gain), or $250,000
in the case of any other person for each violation, except the amount of penalties
assessed under this
subparagraph in a single proceeding shall not exceed $500,000; or
(B) twice the gross gain or gross loss for a violation or forgery, counterfeiting, or
unauthorized use, defacing
or destruction of a certificate, permit, or other document provided for in this Act that
results in the person's
deriving pecuniary gain or causing pecuniary loss to another person.
(2) FACTORS IN DETERMINING CIVIL PENALTY- In determining the amount of a civil penalty,
the
Secretary--
(A) shall take into account the nature, circumstance, extent, and gravity of the
violation; and
(B) may take into account the ability to pay, the effect on ability to continue to do
business, any history of
prior violations, the degree of culpability of the violator, and any other factors the
Secretary considers
appropriate.
(3) SETTLEMENT OF CIVIL PENALTIES- The Secretary may compromise, modify, or remit, with or
without
conditions, a civil penalty that may be assessed under this subsection.
(4) FINALITY OF ORDERS-
(A) IN GENERAL- An order of the Secretary assessing a civil penalty shall be treated as a
final order
reviewable under chapter 158 of title 28, United States Code.
(B) COLLECTION ACTION- The validity of an order of the Secretary may not be reviewed in an
action
to collect the civil penalty.
(C) INTEREST- A civil penalty not paid in full when due under an order assessing the civil
penalty shall
(after the due date) accrue interest until paid at the rate of interest applicable to a
civil judgment of the
courts of the United States.
(c) LIABILITY FOR ACTS OF AN AGENT- For purposes of this Act, the act, omission, or
failure of an officer,
agent, or person acting for or employed by any other person within the scope of employment
or office of the officer,
agent, or person, shall be considered to be the act, omission, or failure of the other
person.
(d) GUIDELINES FOR CIVIL PENALTIES- The Secretary shall coordinate with the Attorney
General to establish
guidelines to determine under what circumstances the Secretary may issue a civil penalty
or suitable notice of warning in
lieu of prosecution by the Attorney General of a violation of this Act.
SEC. 205. ENFORCEMENT ACTIONS OF ATTORNEY GENERAL.
The Attorney General may--
(1) prosecute, in the name of the United States, a criminal violation of this Act that is
referred to the Attorney
General by the Secretary or is brought to the notice of the Attorney General by any
person;
(2) bring a civil action to enjoin the violation of or to compel compliance with this Act,
or to enjoin any interference
by a person with the Secretary in carrying out this Act, if the Attorney General has
reason to believe that the
person has violated or is about to violate this Act, or has interfered, or is about to
interfere, with the Secretary; and
(3) bring a civil action for the recovery of an unpaid civil penalty, funds under a
reimbursable agreement, late
payment penalty, or interest assessed under this Act.
SEC. 206. COURT JURISDICTION.
(a) IN GENERAL- Except as provided in section 204(b), a United States district court, the
District Court of Guam, the
District Court of the Virgin Islands, the highest court of American Samoa, and the United
States courts of other territories
and possessions are vested with jurisdiction in all cases arising under this Act.
(b) LOCATION- An action arising under this Act may be brought, and process may be served,
in the judicial district
where--
(1) a violation or interference occurred or is about to occur; or
(2) the person charged with the violation, interference, impending violation, impending
interference, or failure to
pay resides, is found, transacts business, is licensed to do business, or is incorporated.
TITLE III--MISCELLANEOUS PROVISIONS
SEC. 301. COOPERATION.
(a) IN GENERAL- To carry out this Act, the Secretary may cooperate with--
(1) other Federal agencies or entities;
(2) States or political subdivisions of States;
(3) national governments;
(4) local governments of other nations;
(5) domestic or international organizations;
(6) domestic or international associations; and
(7) other persons.
(b) RESPONSIBILITY- The individual or entity cooperating with the Secretary shall be
responsible for--
(1) obtaining the authority necessary for conducting the operations or taking measures on
all land and property
within the foreign country or State, other than land and property owned or controlled by
the United States; and
(2) other facilities and means determined by the Secretary.
(c) TRANSFER OF BIOLOGICAL CONTROL METHODS- The Secretary may transfer to a Federal or
State
agency or other person biological control methods using biological control organisms
against plant pests or noxious
weeds.
(d) COOPERATION IN PROGRAM ADMINISTRATION- The Secretary may cooperate with State
authorities or
other persons in the administration of programs for the improvement of plants, plant
products, and biological control
organisms.
SEC. 302. BUILDINGS, LAND, PEOPLE, CLAIMS, AND AGREEMENTS.
(a) IN GENERAL- The Secretary may acquire and maintain such real or personal property, and
employ such persons,
make such grants, and enter into such contracts, cooperative agreements, memoranda of
understanding, or other
agreements, as are necessary to carry out this Act.
(b) TORT CLAIMS-
(1) IN GENERAL- Except as provided in paragraph (2), the Secretary may pay a tort claim
(in the manner
authorized in the first paragraph of section 2672 of title 28, United States Code) if the
claim arises outside the
United States in connection with an activity authorized under this Act.
(2) REQUIREMENTS OF CLAIM- A claim may not be allowed under paragraph (1) unless the claim
is
presented in writing to the Secretary not later than 2 years after the claim arises.
SEC. 303. REIMBURSABLE AGREEMENTS.
(a) PRECLEARANCE-
(1) IN GENERAL- The Secretary may enter into a reimbursable fee agreement with a person
for preclearance (at
a location outside the United States) of plants, plant products, biological control
organisms, articles, and means of
conveyance for movement to the United States.
(2) ACCOUNT- All funds collected under this subsection shall be credited to an account
that--
(A) may be established by the Secretary; and
(B) if established, shall remain available for preclearance activities until expended.
(b) OVERTIME-
(1) IN GENERAL- Notwithstanding any other law, the Secretary may pay an employee of the
Department of
Agriculture performing services under this Act relating to imports into and exports from
the United States, for all
overtime, night, or holiday work performed by the employee, at a rate of pay determined by
the Secretary.
(2) REIMBURSEMENT OF SECRETARY- The Secretary may require a person for whom the services
are
performed to reimburse the Secretary for funds paid by the Secretary for the services.
(3) ACCOUNT- All funds collected under this subsection shall be credited to the account
that incurs the costs
and remain available until expended.
(c) LATE PAYMENT PENALTY AND INTEREST-
(1) COLLECTION- On failure of a person to reimburse the Secretary in accordance with this
section, the
Secretary may assess a late payment penalty against the person.
(2) INTEREST- Overdue funds due the Secretary under this section shall accrue interest in
accordance with
section 3717 of title 31, United States Code.
(3) ACCOUNT- A late payment penalty and accrued interest shall be credited to the account
that incurs the costs
and shall remain available until expended.
SEC. 304. PROTECTION FOR MAIL HANDLERS.
This Act shall not apply to an employee of the United States in the performance of the
duties of the employee in handling
the mail.
SEC. 305. PREEMPTION.
(a) REGULATION OF FOREIGN COMMERCE- No State or political subdivision of a State may--
(1) regulate in foreign commerce a plant, plant product, biological control organism,
plant pest, noxious weed,
article, or means of conveyance; or
(2) in order to control a plant pest or noxious weed--
(A) eradicate a plant pest or noxious weed; or
(B) prevent the introduction or dissemination of a biological control organism, plant
pest, or noxious weed.
(b) REGULATION OF INTERSTATE COMMERCE-
(1) IN GENERAL- Except as provided in paragraph (2), if the Secretary has promulgated a
regulation or order to
prevent the dissemination of a plant, plant product, biological control organism, plant
pest, or noxious weed within
the United States, no State or political subdivision of a State may--
(A) regulate the movement in interstate commerce of the plant, plant product, biological
control organism,
plant pest, noxious weed, article, or means of conveyance; or
(B) in order to control the plant pest or noxious weed--
(i) eradicate the plant pest or noxious weed; or
(ii) prevent the introduction or dissemination of the biological control organism, plant
pest, or noxious
weed.
(2) EXCEPTIONS-
(A) REGULATIONS CONSISTENT WITH FEDERAL REGULATIONS- Except as provided in
subparagraph (B), a State or a political subdivision of a State may impose a prohibition
or restriction on the
movement in interstate commerce of plants, plant products, biological control organisms,
plant pests,
noxious weeds, articles, or means of conveyance that are consistent with and do not exceed
the
requirements of the regulations promulgated or orders issued by the Secretary under this
Act.
(B) SPECIAL LOCAL NEED- A State or political subdivision of a State may impose a
prohibition or
restriction on the movement in interstate commerce of plants, plant products, biological
control organisms,
plant pests, noxious weeds, articles, or means of conveyance, that are in addition to a
prohibition or
restriction imposed by the Secretary, if the State or political subdivision of a State
demonstrates to the
Secretary and the Secretary finds that there is a special need for additional prohibitions
or restrictions based
on sound scientific data or a thorough risk assessment.
SEC. 306. REGULATIONS AND ORDERS.
The Secretary may promulgate such regulations, and issue such orders, as the Secretary
considers necessary to carry out
this Act.
SEC. 307. REPEAL OF SUPERSEDED LAWS.
(a) REPEAL- The following provisions of law are repealed:
(1) Subsections (a) through (e) of section 102 of the Department of Agriculture Organic
Act of 1944 (7 U.S.C.
147a).
(2) Section 1773 of the Food Security Act of 1985 (7 U.S.C. 148f).
(3) The Golden Nematode Act (7 U.S.C. 150 et seq.).
(4) The Federal Plant Pest Act (7 U.S.C. 150aa et seq.).
(5) The Joint Resolution of April 6, 1937 (56 Stat. 57, chapter 69; 7 U.S.C. 148 et seq.).
(6) The Act of January 31, 1942 (56 Stat. 40, chapter 31; 7 U.S.C. 149).
(7) The Act of August 20, 1912 (commonly known as the `Plant Quarantine Act') (37 Stat.
315, chapter 308; 7
U.S.C. 151 et seq.).
(8) The Halogeton Glomeratus Control Act (7 U.S.C. 1651 et seq.).
(9) The Act of August 28, 1950 (64 Stat. 561, chapter 815; 7 U.S.C. 2260).
(10) The Federal Noxious Weed Act of 1974 (7 U.S.C. 2801 et seq.), other than the first
section and section 15
of that Act (7 U.S.C. 2801 note, 2814).
(b) EFFECT ON REGULATIONS- Regulations promulgated under the authority of a provision of
law repealed by
subsection (a) shall remain in effect until such time as the Secretary promulgates a
regulation under section 306 that
supersedes the earlier regulation.
TITLE IV--FEDERAL COORDINATION
SEC. 401. DEFINITIONS.
In this title:
(1) ACTION PLAN- The term `Action Plan' means the National Invasive Species Action Plan
developed and
submitted to Congress under section 404, including any updates to the Action Plan.
(2) ALIEN SPECIES- The term `alien species' means, with respect to a particular ecosystem,
any species,
including its seeds, eggs, spores, or other biological material capable of propagating the
species, that is not native
to that ecosystem.
(3) CONTROL- The term `control' means--
(A) the suppression, reduction, or management of invasive species populations;
(B) the prevention of the spread of invasive species from areas where the species are
present; and
(C) the taking of measures such as the restoration of native species and habitats to
reduce the effects of
invasive species and to prevent further invasions.
(4) COUNCIL- The term `Council' means the Invasive Species Council established by section
402.
(5) ECOSYSTEM- The term `ecosystem' means the complex of a community of organisms and the
community's
environment.
(6) FEDERAL AGENCY- The term `Federal agency' has the meaning given the term `agency' in
section 551 of
title 5, United States Code, except that the term does not include an independent
establishment (as defined in
section 104 of title 5, United States Code).
(7) INTRODUCTION- The term `introduction' means the intentional or unintentional escape,
release,
dissemination, or placement of a species into an ecosystem as a result of human activity.
(8) INVASIVE SPECIES- 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.
(9) NATIVE SPECIES- The term `native species' means, with respect to a particular
ecosystem, a species that,
other than as a result of an introduction, historically occurred or currently occurs in
the ecosystem.
(10) SPECIES- The term `species' means a group of organisms all of which--
(A) have a high degree of physical and genetic similarity;
(B) generally interbreed only among themselves; and
(C) show persistent differences from members of allied groups of organisms.
(11) STAKEHOLDER- The term `stakeholder' means an entity with an interest in invasive
species, including--
(A) a State, tribal, or local government agency;
(B) an academic institution;
(C) the scientific community; and
(D) a nongovernmental entity, including an environmental, agricultural, or conservation
organization, trade
group, commercial interest, or private landowner.
SEC. 402. INVASIVE SPECIES COUNCIL.
(a) ESTABLISHMENT- There is established an advisory council to be known as the `Invasive
Species Council'.
(b) MEMBERSHIP-
(1) IN GENERAL- The Council shall be composed of--
(A) the Secretary of State;
(B) the Secretary of the Treasury;
(C) the Secretary of Defense;
(D) the Secretary of the Interior, who shall be a cochairperson of the Council;
(E) the Secretary of Agriculture, who shall be a cochairperson of the Council;
(F) the Secretary of Commerce, who shall be a cochairperson of the Council;
(G) the Secretary of Transportation;
(H) the Administrator of the Environmental Protection Agency; and
(I) a representative of State government appointed by the National Governors' Association.
(2) OTHER FEDERAL AGENCY REPRESENTATIVES- The Council may--
(A) invite other representatives of Federal agencies to serve as members of the Council,
including
representatives from subcabinet bureaus or offices with significant responsibilities
concerning invasive
species; and
(B) prescribe special procedures for the participation by those other representatives on
the Council.
(c) DUTIES- The Invasive Species Council shall--
(1) provide national leadership regarding invasive species;
(2) oversee the implementation of this title and make recommendations designed to ensure
that the activities of
Federal agencies concerning invasive species are coordinated, complementary,
cost-efficient, and effective, relying
to the maximum extent practicable on organizations addressing invasive species, such as--
(A) the Aquatic Nuisance Species Task Force established by section 1201 of the
Nonindigenous Aquatic
Nuisance Prevention and Control Act of 1990 (16 U.S.C. 4721);
(B) the Federal Interagency Committee for the Management of Noxious and Exotic Weeds; and
(C) the Committee on Environment and Natural Resources of the Office of Science and
Technology Policy;
(3) encourage planning and action at local, tribal, State, regional, and ecosystem-based
levels to achieve the goals
and objectives of the Action Plan, in cooperation with stakeholders and organizations
addressing invasive species;
(4) develop recommendations for international cooperation in addressing invasive species;
(5) develop, in consultation with the Council on Environmental Quality, guidance to
Federal agencies under the
National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) concerning prevention
and control of
invasive species, including the procurement, use, and maintenance of native species in a
manner designed to affect
invasive species;
(6) facilitate development of a coordinated network among Federal agencies to document,
evaluate, and monitor
impacts from invasive species on the economy, the environment, and human health;
(7) facilitate establishment of a coordinated, up-to-date information-sharing system
that--
(A) uses, to the maximum extent practicable, the Internet; and
(B) facilitates access to and exchange of information concerning invasive species, such
as--
(i) information on the distribution and abundance of invasive species;
(ii) life histories of invasive species and invasive characteristics;
(iii) economic, environmental, and human health impacts from invasive species;
(iv) techniques for management of invasive species; and
(v) laws and programs for management, research, and public education concerning invasive
species;
and
(8) develop and submit to Congress the Action Plan.
(d) EXECUTIVE DIRECTOR; STAFF- With the concurrence of the other cochairpersons, the
Secretary of the Interior
shall--
(1) appoint an Executive Director of the Council; and
(2) provide staff and administrative support for the Council.
SEC. 403. ADVISORY COMMITTEE.
(a) ESTABLISHMENT- The Secretary of the Interior shall--
(1) establish an advisory committee to provide information and advice for consideration by
the Council; and
(2) after consultation with other members of the Council, appoint members of the advisory
committee to represent
stakeholders.
(b) DUTIES- The duties of the advisory committee shall include making recommendations for
plans and actions at local,
tribal, State, regional, and ecosystem-based levels to achieve the goals and objectives of
the Action Plan.
(c) COOPERATION- The advisory committee shall act in cooperation with stakeholders and
organizations addressing
the problem of invasive species.
(d) ADMINISTRATIVE AND FINANCIAL SUPPORT- The Secretary of the Interior shall provide
administrative and
financial support for the advisory committee.
SEC. 404. INVASIVE SPECIES ACTION PLAN.
(a) IN GENERAL- Not later than 270 days after the date of enactment of this Act, the
Council shall develop and submit
to Congress a National Invasive Species Action Plan, which shall--
(1) detail and recommend performance-oriented goals and objectives and specific measures
of success for
Federal agency efforts concerning invasive species;
(2) detail and recommend measures to be taken by the Council to carry out its duties under
section 402; and
(3) identify the personnel, other resources, and additional levels of coordination needed
to achieve the goals and
objectives of the Action Plan.
(b) PUBLIC PARTICIPATION AND COORDINATION- The Action Plan shall be--
(1) developed through a public process and in consultation with Federal agencies and
stakeholders; and
(2) coordinated with any State plans concerning invasive species.
(c) SPECIAL REQUIREMENTS FOR FIRST ACTION PLAN-
(1) IN GENERAL- The first Action Plan submitted under subsection (a) shall--
(A) include a review of existing and prospective approaches and authorities for preventing
the introduction
and spread of invasive species, including approaches for--
(i) identifying pathways for the introduction of invasive species; and
(ii) minimizing the risk of introductions by means of those pathways; and
(B) identify research needs and recommend measures to minimize the risk that introductions
will occur.
(2) RECOMMENDED PROCESSES- The measures recommended under paragraph (1)(B) shall provide
for--
(A) a science-based process to evaluate risks associated with the introduction and spread
of invasive
species; and
(B) a coordinated and systematic risk-based process to identify, monitor, and interdict
pathways that may
be involved in the introduction of invasive species.
(3) RECOMMENDATIONS FOR LEGISLATION- If any measure recommended under paragraph (1)(B) is
not authorized by law in effect as of the date of the recommendation, the Council shall
develop and submit to
Congress legislative proposals for necessary changes in law.
(d) UPDATES AND EVALUATIONS OF ACTION PLAN- The Council shall--
(1) develop and submit to Congress biennial updates of the Action Plan; and
(2) concurrently evaluate and report on success in achieving the goals and objectives
specified in the Action Plan.
(e) RESPONSE BY FEDERAL AGENCIES- Not later than 18 months after the date of submission to
Congress of the
Action Plan, each Federal agency that is required to implement a measure recommended under
subsection (a)(1) or
(c)(1)(B) shall--
(1) take the recommended action; or
(2) provide to the Council an explanation of why the action is not feasible.
TITLE V--AUTHORIZATION OF APPROPRIATIONS
SEC. 501. AUTHORIZATION OF APPROPRIATIONS.
(a) IN GENERAL- There are authorized to be appropriated such sums as are necessary to
carry out this Act.
(b) COMPENSATION- Except as provided in section 106 and as specifically authorized by law,
no part of the amounts
appropriated under this section shall be used to provide compensation for property injured
or destroyed by or at the
direction of the Secretary.
SEC. 502. TRANSFER AUTHORITY.
(a) AUTHORITY TO TRANSFER CERTAIN FUNDS- In connection with an emergency in which a plant
pest or
noxious weed threatens a segment of the agricultural production of the United States, the
Secretary may transfer from
other appropriations or funds available to the agencies or corporations of the Department
of Agriculture such amounts as
the Secretary considers necessary to be available in the emergency for the arrest,
control, eradication, and prevention of
the dissemination of the plant pest or noxious weed and for related expenses.
(b) AVAILABILITY- Any funds transferred under this section shall remain available for such
purposes until expended.
(c) CONFORMING AMENDMENTS- The first section of Public Law 97-46 (7 U.S.C. 147b) is
amended--
(1) by striking `plant pests or'; and
(2) by striking `section 102 of the Act of September 21, 1944, as amended (7 U.S.C. 147a),
and'.
EPA's Executive
Summary on Unified National
Animal Feeding Operations
(The following is an excerpt which may be of interest and concern to GLCI supporters.
It is from the following website: http://www.epa.gov/owm/afo.htm)
Over the past quarter century, the United States has made tremendous progress in
cleaning up its rivers, lakes, and coastal waters. While pollution from factories and
sewage treatment plants has been dramatically reduced, runoff from city streets,
agricultural activities (including animal feeding operations or AFOs), and other
sources continues to degrade the environment and puts drinking water at risk.
In February 1998, President Clinton released the Clean Water Action Plan
(CWAP), which provides a blueprint for restoring and protecting water quality
across the Nation. The CWAP identifies polluted runoff as the most important
remaining source of water pollution and provides for a coordinated effort to reduce
polluted runoff from a variety of sources. As part of this effort, the CWAP calls for
the U.S. Department of Agriculture (USDA) and the U.S. Environmental
Protection Agency (EPA) to develop a Unified National Strategy to minimize the
water quality and public health impacts of animal feeding operations (AFOs).
USDA and EPA issued a draft of this Strategy on September 16, 1998, and
requested public comment during a 120-day period. In addition, 11 national
"listening sessions" were held throughout the U.S. to discuss the draft Strategy
and
hear public feedback. The final Strategy reflects written comments received as well
as issues raised during the listening sessions.
The Unified AFO Strategy discusses the relationships between AFOs and
environmental and public health, is based on a national performance expectation for
all AFO owners and operators, and presents a series of actions to minimize public
health impacts and improve water quality while complementing the long-term
sustainability of livestock production.
Background
AFOs are agricultural enterprises where animals are kept and raised in confined
situations. Approximately 450,000 AFOs in the United States congregate animals,
feed, manure and urine, dead animals, and production operations on a small land
area. USDA data indicate that the vast majority of farms with livestock are small --
about 85 percent of these farms have fewer than 250 animal units (AUs), where an
AU is equal to roughly one beef cow (therefore 1,000 AUs is equal to 1,000 beef
cows or an equivalent number of other kinds of animals). About 6,600 AFOs had
more than 1,000 AUs in 1992 and are considered to be large operations.
As a result of domestic and export market forces, technological changes, and
industry adaptations, the past several decades have seen substantial changes in the
animal production industry. Despite USDA support for sustainable agricultural
practices, these factors have promoted expansion of confined production units,
with growth in both existing areas and new areas; integration and concentration of
some of the industries; geographic separation of animal production and feed
production operations; and the concentration of large quantities of manure and
wastewater on farms and in some watersheds.
AFOs can pose a number of risks to water quality and public health, mainly
because of the amount of animal manure and wastewater they generate. Manure
and wastewater from AFOs have the potential to contribute pollutants such as
nutrients (e.g., nitrogen, phosphorus), organic matter, sediments, pathogens, heavy
metals, hormones, antibiotics, and ammonia to the environment. These pollutants
can cause several types of water quality and public health impacts, such as
contamination of drinking water supplies and fish kills. While there are other
potential environmental impacts associated with AFOs (e.g., odor, habitat loss,
ground water depletion), this Strategy focuses on addressing surface and ground
water quality problems. Once implemented, however, this Strategy will indirectly
benefit other resources.
(For a complete Executive Summary on AFOs please see the URL
address above. To view the complete AFOs Strategy see our links page.)
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