S.Amdt. 3293

SA 3293. Mr. BARRASSO submitted an amendment intended to be proposed
by him to the bill H.R. 2, to provide for the reform and continuation
of agricultural and other programs of the Department of Agriculture
through fiscal year 2023, and for other purposes; which was ordered to
lie on the table; as follows:

At the end of subtitle E of title XII, add the following:

[[Page S4663]]

SEC. 125___. PROTECTION OF NATURAL RESOURCES FROM INVASIVE
SPECIES.

(a) Purpose.--The purpose of this section is to ensure the
effective management of Federal land, including National
Monuments and National Heritage Areas, to protect from
invasive species important natural resources, including--
(1) soil;
(2) vegetation;
(3) archeological sites;
(4) water resources; and
(5) rare or unique habitats.
(b) Definitions.--In this section:
(1) Control.--The term ``control'', with respect to an
invasive species, means the eradication, suppression, or
reduction of the population of the invasive species within
the area in which the invasive species is present.
(2) Ecosystem.--The term ``ecosystem'' means the complex of
a community of organisms and the environment of the
organisms.
(3) Eligible state.--The term ``eligible State'' means any
of--
(A) a State;
(B) the District of Columbia;
(C) the Commonwealth of Puerto Rico;
(D) American Samoa;
(E) Guam; and
(F) the United States Virgin Islands.
(4) Invasive species.--
(A) In general.--The term ``invasive species'' means an
alien species, the introduction of which causes, or is likely
to cause, economic or environmental harm or harm to human
health.
(B) Associated definition.--For purposes of subparagraph
(A), the term ``alien species'', with respect to a particular
ecosystem, means any species (including the seeds, eggs,
spores, or other biological material of the species that are
capable of propagating the species) that is not native to the
affected ecosystem.
(C) Inclusion.--The terms ``invasive species'' and ``alien
species'' include any terrestrial or aquatic species
determined by the relevant tribal, regional, State, or local
authority to meet the requirements of subparagraph (A) or
(B), as applicable.
(5) Manage; management.--The terms ``manage'' and
``management'', with respect to an invasive species, mean the
active implementation of any activity--
(A) to reduce or stop the spread of the invasive species;
and
(B) to inhibit further infestations of the invasive
species, the spread of the invasive species, or harm caused
by the invasive species, including investigations regarding
methods for early detection and rapid response, prevention,
control, or management of the invasive species.
(6) Prevent.--The term ``prevent'', with respect to an
invasive species, means--
(A) to hinder the introduction of the invasive species onto
land or water; or
(B) to impede the spread of the invasive species within
land or water by inspecting, intercepting, or confiscating
invasive species threats prior to the establishment of the
invasive species onto land or water of an eligible State.
(7) Secretary concerned.--The term ``Secretary concerned''
means--
(A) the Secretary of the Interior, with respect to Federal
land administered by the Secretary of the Interior through--
(i) the Bureau of Indian Affairs;
(ii) the Bureau of Land Management;
(iii) the Bureau of Reclamation;
(iv) the National Park Service; or
(v) the United States Fish and Wildlife Service;
(B) the Secretary, with respect to Federal land
administered by the Secretary through the Forest Service; and
(C) the head or a representative of any other Federal
agency the duties of whom require planning relating to, and
the treatment of, invasive species on Federal land.
(8) 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.
(c) Federal Efforts to Control and Manage Invasive Species
on Federal Land.--
(1) Control and management.--Each Secretary concerned shall
plan and carry out activities on land directly managed by the
Secretary concerned to control and manage invasive species--
(A) to inhibit or reduce the populations of invasive
species; and
(B) to effectuate restoration or reclamation efforts.
(2) Strategic plan.--
(A) In general.--Each Secretary concerned shall develop a
strategic plan for the implementation of the invasive species
program to achieve, to the maximum extent practicable, a
substantive annual net reduction of invasive species
populations or infested acreage on land managed by the
Secretary concerned.
(B) Coordination.--Each strategic plan under subparagraph
(A) shall be developed--
(i) in coordination with affected--

(I) eligible States;
(II) political subdivisions of eligible States; and
(III) federally recognized Indian tribes; and

(ii) in accordance with the priorities established by 1 or
more Governors of the eligible States in which an ecosystem
affected by an invasive species is located.
(C) Factors for consideration.--In developing a strategic
plan under this paragraph, the Secretary concerned shall take
into consideration the economic and ecological costs of
action or inaction, as applicable.
(d) Program Funding Allocations.--
(1) Control and management.--Of the amount appropriated or
otherwise made available to each Secretary concerned for a
fiscal year for programs that address or include invasive
species management, the Secretary concerned shall use not
less than 75 percent for on-the-ground control and management
of invasive species, including through--
(A) the purchase of necessary products, equipment, or
services to conduct that control and management;
(B) the use of integrated pest management options,
including pesticides authorized for sale, distribution, or
use under the Federal Insecticide, Fungicide, and Rodenticide
Act (7 U.S.C. 136 et seq.);
(C) the use of biological control agents that are proven to
be effective to reduce invasive species populations;
(D) the use of revegetation or cultural restoration methods
designed to improve the diversity and richness of ecosystems;
or
(E) the use of other effective mechanical or manual control
methods.
(2) Investigations, outreach, and public awareness.--Of the
amount appropriated or otherwise made available to each
Secretary concerned for a fiscal year for programs that
address or include invasive species management, the Secretary
concerned may use not more than 15 percent for
investigations, development activities, and outreach and
public awareness efforts to address invasive species control
and management needs.
(3) Administrative costs.--Of the amount appropriated or
otherwise made available to each Secretary concerned for a
fiscal year for programs that address or include invasive
species management, not more than 10 percent may be used for
administrative costs incurred to carry out those programs,
including costs relating to oversight and management of the
programs, recordkeeping, and implementation of the strategic
plan developed under subsection (c)(2).
(4) Reporting requirements.--Not later than 60 days after
the end of the second fiscal year beginning after the date of
enactment of this Act, each Secretary concerned shall submit
to Congress a report--
(A) describing the use by the Secretary concerned during
the 2 preceding fiscal years of funds for programs that
address or include invasive species management; and
(B) specifying the percentage of funds expended for each of
the purposes specified in paragraphs (1), (2), and (3).
(e) Prudent Use of Funds.--
(1) Cost-effective methods.--In selecting a method to be
used to control or manage an invasive species as part of a
specific control or management project, the Secretary
concerned shall prioritize the use of the least-costly
option, based on sound scientific data and other commonly
used, cost-effective benchmarks, in an area to effectively
control and manage invasive species.
(2) Comparative economic assessment.--To achieve compliance
with paragraph (1), the Secretary concerned shall require a
comparative economic assessment of invasive species control
and management methods to be conducted.
(3) Categorical exclusions.--
(A) In general.--An invasive species control or management
project or activity described in subparagraph (B) is
categorically excluded from the requirement to prepare an
environmental assessment or an environmental impact statement
under the National Environmental Policy Act of 1969 (42
U.S.C. 4321 et seq.) during the period for which the
Secretary concerned determines that the project or activity
is otherwise conducted in accordance with applicable agency
procedures, including any land and resource management plan
or land use plan applicable to the area.
(B) Description of projects and activities.--A project or
activity referred to in subparagraph (A) is a project or
activity that, as determined by the Secretary concerned--
(i) is, or will be, carried out on land or water that is--

(I) directly managed by the Secretary concerned; and
(II) located in a prioritized, high-risk area; and

(ii) involves the treatment of any land or waterway located
within 1,000 feet of--

(I) any port of entry to the United States, including--

(aa) a water body or waterway;
(bb) a railroad line;
(cc) an airport; and
(dd) a roadside or highway;

(II) a water project;
(III) a utility or telephone infrastructure or right-of-
way;
(IV) a campground;
(V) a National Heritage Area;
(VI) a National Monument;
(VII) a park or other recreational site;
(VIII) a school; or
(IX) any other similar, valuable infrastructure.

(4) Relation to other authority.--
(A) Other invasive species control, prevention, and
management authorities.--Nothing in this section precludes
the Secretary concerned from pursuing or supporting, pursuant
to any other provision of

[[Page S4664]]

law, any activity regarding the control, prevention, or
management of an invasive species, including investigations
to improve the control, prevention, or management of the
invasive species.
(B) Public water supply systems.--Nothing in this section
authorizes the Secretary concerned to suspend any water
delivery or diversion, or otherwise to prevent the operation
of a public water supply system, as a measure to control,
manage, or prevent the introduction or spread of an invasive
species.
(f) Use of Partnerships.--
(1) In general.--Subject to the requirements of this
subsection, the Secretary concerned may enter into any
contract or cooperative agreement with another Federal
agency, an eligible State, a political subdivision of an
eligible State, or a private individual or entity to assist
with the control and management of an invasive species.
(2) Memorandum of understanding.--
(A) In general.--As a condition of a contract or
cooperative agreement under paragraph (1), the Secretary
concerned and the applicable Federal agency, eligible State,
political subdivision of an eligible State, or private
individual or entity shall enter into a memorandum of
understanding that describes--
(i) the nature of the partnership between the parties to
the memorandum of understanding; and
(ii) the control and management activities to be conducted
under the contract or cooperative agreement.
(B) Contents.--A memorandum of understanding under this
paragraph shall contain, at a minimum, the following:
(i) A prioritized listing of each invasive species to be
controlled or managed.
(ii) An assessment of the total acres or area infested by
the invasive species.
(iii) An estimate of the expected total acres or area
infested by the invasive species after control and management
of the invasive species is attempted.
(iv) A description of each specific, integrated pest
management option to be used, including a comparative
economic assessment to determine the least-costly method.
(v) Any map, boundary, or Global Positioning System
coordinates needed to clearly identify the area in which each
control or management activity is proposed to be conducted.
(vi) A written assurance that each partner will comply with
section 15 of the Federal Noxious Weed Act of 1974 (7 U.S.C.
2814).
(C) Coordination.--If a partner to a contract or
cooperative agreement under paragraph (1) is an eligible
State, political subdivision of an eligible State, or private
individual or entity, the memorandum of understanding under
this paragraph shall include a description of--
(i) the means by which each applicable control or
management effort will be coordinated; and
(ii) the expected outcomes of managing and controlling the
invasive species.
(D) Public outreach and awareness efforts.--If a contract
or cooperative agreement under paragraph (1) involves any
outreach or public awareness effort, the memorandum of
understanding under this paragraph shall include a list of
goals and objectives for each outreach or public awareness
effort that have been determined to be efficient to inform
national, regional, State, or local audiences regarding
invasive species control and management.
(3) Investigations.--The purpose of any invasive species-
related investigation carried out under a contract or
cooperative agreement under paragraph (1) shall be--
(A) to develop solutions and specific recommendations for
control and management of invasive species; and
(B) specifically to provide faster implementation of
control and management methods.
(g) Coordination With Affected Local Governments.--Each
project and activity carried out under this section shall be
coordinated with affected local governments, in accordance
with section 202(c)(9) of the Federal Land Policy and
Management Act of 1976 (43 U.S.C. 1712(c)(9)).
______