WILD Act

II Calendar No. 20 116TH CONGRESS 1ST SESSION S. 268 To reauthorize the Partners for Fish and Wildlife Program and certain wildlife conservation funds, to establish prize competitions relating to the prevention of wildlife poaching and trafficking, wildlife conservation, the management of invasive species, and the protection of endangered species, to amend the Marine Turtle Conservation Act of 2004 to modify the protections provided by that Act, and for other purposes. IN THE SENATE OF THE UNITED STATES JANUARY 29, 2019 Mr. BARRASSO (for himself, Mr. CARPER, Mr. INHOFE, Mr. BOOKER, Mr. BOOZMAN, and Mr. WHITEHOUSE) introduced the following bill; which was read twice and referred to the Committee on Environment and Public Works FEBRUARY 5, 2019 Reported by Mr. BARRASSO, without amendment A BILL To reauthorize the Partners for Fish and Wildlife Program and certain wildlife conservation funds, to establish prize competitions relating to the prevention of wildlife poach- ing and trafficking, wildlife conservation, the manage- ment of invasive species, and the protection of endan- gered species, to amend the Marine Turtle Conservation Act of 2004 to modify the protections provided by that Act, and for other purposes. VerDate Sep 11 2014 02:27 Feb 06, 2019 Jkt 089200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6652 E:\BILLS\S268.RS S268 kjohnson on DSK79L0C42 with BILLS 2 •S 268 RS Be it enacted by the Senate and House of Representa- 1 tives of the United States of America in Congress assembled, 2 SECTION 1. SHORT TITLE. 3 This Act may be cited as the ‘‘Wildlife Innovation 4 and Longevity Driver Act’’ or the ‘‘WILD Act’’. 5 SEC. 2. WILDLIFE HABITAT AND CONSERVATION. 6 (a) PARTNERS FOR FISH AND WILDLIFE PROGRAM 7 REAUTHORIZATION.—Section 5 of the Partners for Fish 8 and Wildlife Act (16 U.S.C. 3774) is amended by striking 9 ‘‘2006 through 2011’’ and inserting ‘‘2019 through 10 2023’’. 11 (b) FISH AND WILDLIFE COORDINATION.— 12 (1) PURPOSE.—The purpose of this subsection 13 is to protect water, oceans, coasts, and wildlife from 14 invasive species. 15 (2) AMENDMENTS TO FISH AND WILDLIFE CO- 16 ORDINATION ACT.— 17 (A) SHORT TITLE; AUTHORIZATION.—The 18 first section of the Fish and Wildlife Coordina- 19 tion Act (16 U.S.C. 661) is amended by strik- 20 ing ‘‘For the purpose’’ and inserting the fol- 21 lowing: 22 ‘‘SECTION 1. SHORT TITLE; AUTHORIZATION. 23 ‘‘(a) SHORT TITLE.—This Act may be cited as the 24 ‘Fish and Wildlife Coordination Act’. 25 VerDate Sep 11 2014 02:27 Feb 06, 2019 Jkt 089200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\S268.RS S268 kjohnson on DSK79L0C42 with BILLS 3 •S 268 RS ‘‘(b) AUTHORIZATION.—For the purpose’’. 1 (B) PROTECTION OF WATER, OCEANS, 2 COASTS, AND WILDLIFE FROM INVASIVE SPE- 3 CIES.—The Fish and Wildlife Coordination Act 4 (16 U.S.C. 661 et seq.) is amended by adding 5 at the end the following: 6 ‘‘SEC. 10. PROTECTION OF WATER, OCEANS, COASTS, AND 7 WILDLIFE FROM INVASIVE SPECIES. 8 ‘‘(a) DEFINITIONS.—In this section: 9 ‘‘(1) CONTROL.—The term ‘control’, with re- 10 spect to an invasive species, means the eradication, 11 suppression, or reduction of the population of the 12 invasive species within the area in which the invasive 13 species is present. 14 ‘‘(2) ECOSYSTEM.—The term ‘ecosystem’ 15 means the complex of a community of organisms 16 and the environment of the organisms. 17 ‘‘(3) ELIGIBLE STATE.—The term ‘eligible 18 State’ means any of— 19 ‘‘(A) a State; 20 ‘‘(B) the District of Columbia; 21 ‘‘(C) the Commonwealth of Puerto Rico; 22 ‘‘(D) Guam; 23 ‘‘(E) American Samoa; 24 VerDate Sep 11 2014 02:27 Feb 06, 2019 Jkt 089200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\S268.RS S268 kjohnson on DSK79L0C42 with BILLS 4 •S 268 RS ‘‘(F) the Commonwealth of the Northern 1 Mariana Islands; and 2 ‘‘(G) the United States Virgin Islands. 3 ‘‘(4) INVASIVE SPECIES.— 4 ‘‘(A) IN GENERAL.—The term ‘invasive 5 species’ means an alien species, the introduction 6 of which causes, or is likely to cause, economic 7 or environmental harm or harm to human 8 health. 9 ‘‘(B) ASSOCIATED DEFINITION.—For pur- 10 poses of subparagraph (A), the term ‘alien spe- 11 cies’, with respect to a particular ecosystem, 12 means any species (including the seeds, eggs, 13 spores, or other biological material of the spe- 14 cies that are capable of propagating the species) 15 that is not native to the affected ecosystem. 16 ‘‘(5) MANAGE; MANAGEMENT.—The terms 17 ‘manage’ and ‘management’, with respect to an 18 invasive species, mean the active implementation of 19 any activity— 20 ‘‘(A) to reduce or stop the spread of the 21 invasive species; and 22 ‘‘(B) to inhibit further infestations of the 23 invasive species, the spread of the invasive spe- 24 cies, or harm caused by the invasive species, in- 25 VerDate Sep 11 2014 02:27 Feb 06, 2019 Jkt 089200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\S268.RS S268 kjohnson on DSK79L0C42 with BILLS 5 •S 268 RS cluding investigations regarding methods for 1 early detection and rapid response, prevention, 2 control, or management of the invasive species. 3 ‘‘(6) PREVENT.—The term ‘prevent’, with re- 4 spect to an invasive species, means— 5 ‘‘(A) to hinder the introduction of the 6 invasive species onto land or water; or 7 ‘‘(B) to impede the spread of the invasive 8 species within land or water by inspecting, 9 intercepting, or confiscating invasive species 10 threats prior to the establishment of the 11 invasive species onto land or water of an eligible 12 State. 13 ‘‘(7) SECRETARY CONCERNED.—The term ‘Sec- 14 retary concerned’ means— 15 ‘‘(A) the Secretary of the Army, with re- 16 spect to Federal land administered by the 17 Corps of Engineers; 18 ‘‘(B) the Secretary of the Interior, with re- 19 spect to Federal land administered by the Sec- 20 retary of the Interior through— 21 ‘‘(i) the United States Fish and Wild- 22 life Service; 23 ‘‘(ii) the Bureau of Indian Affairs; 24 VerDate Sep 11 2014 02:27 Feb 06, 2019 Jkt 089200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\S268.RS S268 kjohnson on DSK79L0C42 with BILLS 6 •S 268 RS ‘‘(iii) the Bureau of Land Manage- 1 ment; 2 ‘‘(iv) the Bureau of Reclamation; or 3 ‘‘(v) the National Park Service; 4 ‘‘(C) the Secretary of Agriculture, with re- 5 spect to Federal land administered by the Sec- 6 retary of Agriculture through the Forest Serv- 7 ice; and 8 ‘‘(D) the head or a representative of any 9 other Federal agency the duties of whom re- 10 quire planning relating to, and the treatment 11 of, invasive species for the purpose of protecting 12 water and wildlife on land and coasts and in 13 oceans and water. 14 ‘‘(8) SPECIES.—The term ‘species’ means a 15 group of organisms, all of which— 16 ‘‘(A) have a high degree of genetic simi- 17 larity; 18 ‘‘(B) are morphologically distinct; 19 ‘‘(C) generally— 20 ‘‘(i) interbreed at maturity only 21 among themselves; and 22 ‘‘(ii) produce fertile offspring; and 23 ‘‘(D) show persistent differences from 24 members of allied groups of organisms. 25 VerDate Sep 11 2014 02:27 Feb 06, 2019 Jkt 089200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6201 E:\BILLS\S268.RS S268 kjohnson on DSK79L0C42 with BILLS 7 •S 268 RS ‘‘(b) CONTROL AND MANAGEMENT.—Each Secretary 1 concerned shall plan and carry out activities on land di- 2 rectly managed by the Secretary concerned to protect 3 water and wildlife by controlling and managing invasive 4 species— 5 ‘‘(1) to inhibit or reduce the populations of 6 invasive species; and 7 ‘‘(2) to effectuate restoration or reclamation ef- 8 forts. 9 ‘‘(c) STRATEGIC PLAN.— 10 ‘‘(1) IN GENERAL.—Each Secretary concerned 11 shall develop a strategic plan for the implementation 12 of the invasive species program to achieve, to the 13 maximum extent practicable, a substantive annual 14 net reduction of invasive species populations or in- 15 fested acreage on land or water managed by the Sec- 16 retary concerned. 17 ‘‘(2) COORDINATION.—Each strategic plan 18 under paragraph (1) shall be developed— 19 ‘‘(A) in coordination with affected— 20 ‘‘(i) eligible States; and 21 ‘‘(ii) political subdivisions of eligible 22 States; 23 ‘‘(B) in consultation with federally recog- 24 nized Indian tribes; and 25 VerDate Sep 11 2014 02:27 Feb 06, 2019 Jkt 089200 PO 00000 Frm 00007 Fmt 6652 Sfmt 6201 E:\BILLS\S268.RS S268 kjohnson on DSK79L0C42 with BILLS 8 •S 268 RS ‘‘(C) in accordance with the priorities es- 1 tablished by 1 or more Governors of the eligible 2 States in which an ecosystem affected by an 3 invasive species is located. 4 ‘‘(3) FACTORS FOR CONSIDERATION.—In devel- 5 oping a strategic plan under this subsection, the 6 Secretary concerned shall take into consideration the 7 economic and ecological costs of action or inaction, 8 as applicable. 9 ‘‘(d) COST-EFFECTIVE METHODS.—In selecting a 10 method to be used to control or manage an invasive species 11 as part of a specific control or management project con- 12 ducted as part of a strategic plan developed under sub- 13 section (c), the Secretary concerned shall prioritize the use 14 of methods that— 15 ‘‘(1) effectively control and manage invasive 16 species, as determined by the Secretary concerned, 17 based on sound scientific data; 18 ‘‘(2) minimize environmental impacts; and 19 ‘‘(3) control and manage invasive species in the 20 most cost-effective manner. 21 ‘‘(e) COMPARATIVE ECONOMIC ASSESSMENT.—To 22 achieve compliance with subsection (d), the Secretary con- 23 cerned shall require a comparative economic assessment 24 VerDate Sep 11 2014 02:27 Feb 06, 2019 Jkt 089200 PO 00000 Frm 00008 Fmt 6652 Sfmt 6201 E:\BILLS\S268.RS S268 kjohnson on DSK79L0C42 with BILLS 9 •S 268 RS of invasive species control and management methods to 1 be conducted. 2 ‘‘(f) EXPEDITED ACTION.— 3 ‘‘(1) IN GENERAL.—The Secretaries concerned 4 shall use all tools and flexibilities available (as of the 5 date of enactment of this section) to expedite the 6 projects and activities described in paragraph (2). 7 ‘‘(2) DESCRIPTION OF PROJECTS AND ACTIVI- 8 TIES.—A project or activity referred to in paragraph 9 (1) is a project or activity— 10 ‘‘(A) to protect water or wildlife from an 11 invasive species that, as determined by the Sec- 12 retary concerned is, or will be, carried out on 13 land or water that is— 14 ‘‘(i) directly managed by the Secretary 15 concerned; and 16 ‘‘(ii) located in an area that is— 17 ‘‘(I) at high risk for the introduc- 18 tion, establishment, or spread of 19 invasive species; and 20 ‘‘(II) determined by the Sec- 21 retary concerned to require immediate 22 action to address the risk identified in 23 subclause (I); and 24 VerDate Sep 11 2014 02:27 Feb 06, 2019 Jkt 089200 PO 00000 Frm 00009 Fmt 6652 Sfmt 6201 E:\BILLS\S268.RS S268 kjohnson on DSK79L0C42 with BILLS 10 •S 268 RS ‘‘(B) carried out in accordance with appli- 1 cable agency procedures, including any applica- 2 ble— 3 ‘‘(i) land or resource management 4 plan; or 5 ‘‘(ii) land use plan. 6 ‘‘(g) ALLOCATION OF FUNDING.—Of the amount ap- 7 propriated or otherwise made available to each Secretary 8 concerned for a fiscal year for programs that address or 9 include protection of land or water from an invasive spe- 10 cies, the Secretary concerned shall use not less than 75 11 percent for on-the-ground control and management of 12 invasive species, which may include— 13 ‘‘(1) the purchase of necessary products, equip- 14 ment, or services to conduct that control and man- 15 agement; 16 ‘‘(2) the use of integrated pest management op- 17 tions, including options that use pesticides author- 18 ized for sale, distribution, or use under the Federal 19 Insecticide, Fungicide, and Rodenticide Act (7 20 U.S.C. 136 et seq.); 21 ‘‘(3) the use of biological control agents that 22 are proven to be effective to reduce invasive species 23 populations; 24 VerDate Sep 11 2014 02:27 Feb 06, 2019 Jkt 089200 PO 00000 Frm 00010 Fmt 6652 Sfmt 6201 E:\BILLS\S268.RS S268 kjohnson on DSK79L0C42 with BILLS 11 •S 268 RS ‘‘(4) the use of revegetation or cultural restora- 1 tion methods designed to improve the diversity and 2 richness of ecosystems; 3 ‘‘(5) the use of monitoring and detection activi- 4 ties for invasive species, including equipment, detec- 5 tion dogs, and mechanical devices; 6 ‘‘(6) the use of appropriate methods to remove 7 invasive species from a vehicle or vessel capable of 8 conveyance; or 9 ‘‘(7) the use of other effective mechanical or 10 manual control methods. 11 ‘‘(h) INVESTIGATIONS, OUTREACH, AND PUBLIC 12 AWARENESS.—Of the amount appropriated or otherwise 13 made available to each Secretary concerned for a fiscal 14 year for programs that address or include protection of 15 land or water from an invasive species, the Secretary con- 16 cerned may use not more than 15 percent for investiga- 17 tions, development activities, and outreach and public 18 awareness efforts to address invasive species control and 19 management needs. 20 ‘‘(i) ADMINISTRATIVE COSTS.—Of the amount appro- 21 priated or otherwise made available to each Secretary con- 22 cerned for a fiscal year for programs that address or in- 23 clude protection of land or water from an invasive species, 24 not more than 10 percent may be used for administrative 25 VerDate Sep 11 2014 02:27 Feb 06, 2019 Jkt 089200 PO 00000 Frm 00011 Fmt 6652 Sfmt 6201 E:\BILLS\S268.RS S268 kjohnson on DSK79L0C42 with BILLS 12 •S 268 RS costs incurred to carry out those programs, including costs 1 relating to oversight and management of the programs, 2 recordkeeping, and implementation of the strategic plan 3 developed under subsection (c). 4 ‘‘(j) REPORTING REQUIREMENTS.—Not later than 60 5 days after the end of the second fiscal year beginning after 6 the date of enactment of this section, each Secretary con- 7 cerned shall submit to Congress a report— 8 ‘‘(1) describing the use by the Secretary con- 9 cerned during the 2 preceding fiscal years of funds 10 for programs that address or include invasive species 11 management; and 12 ‘‘(2) specifying the percentage of funds ex- 13 pended for each of the purposes specified in sub- 14 sections (g), (h), and (i). 15 ‘‘(k) RELATION TO OTHER AUTHORITY.— 16 ‘‘(1) OTHER INVASIVE SPECIES CONTROL, PRE- 17 VENTION, AND MANAGEMENT AUTHORITIES.—Noth- 18 ing in this section precludes the Secretary concerned 19 from pursuing or supporting, pursuant to any other 20 provision of law, any activity regarding the control, 21 prevention, or management of an invasive species, 22 including investigations to improve the control, pre- 23 vention, or management of the invasive species. 24 VerDate Sep 11 2014 02:27 Feb 06, 2019 Jkt 089200 PO 00000 Frm 00012 Fmt 6652 Sfmt 6201 E:\BILLS\S268.RS S268 kjohnson on DSK79L0C42 with BILLS 13 •S 268 RS ‘‘(2) PUBLIC WATER SUPPLY SY [Text truncated for display. 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