| Home > 105th Congressional Bills > H.R. 2311 (ih) To amend section 435(d)(1)(A)(ii) of the Higher Education Act of 1965 with respect to the definition of an eligible lender. ...
H.R. 2311 (ih) To amend section 435(d)(1)(A)(ii) of the Higher Education Act of 1965 with respect to the definition of an eligible lender. ...
108th CONGRESS 1st Session H. R. 2310 To protect, conserve, and restore native fish, wildlife, and their natural habitats on Federal lands and non-Federal lands through cooperative, incentive-based grants to control, mitigate, and eradicate harmful nonnative species, and for other purposes. _______________________________________________________________________ IN THE HOUSE OF REPRESENTATIVES June 3, 2003 Mr. Rahall (for himself, Ms. Bordallo, Mr. Acevedo-Vila, Mr. George Miller of California, Ms. Lee, Mr. Case, Mr. Grijalva, Mr. Rodriguez, Mr. Markey, Mr. Faleomavaega, Mr. Udall of Colorado, Ms. Slaughter, Mr. Pallone, Mr. Inslee, Mr. Blumenauer, Mr. Abercrombie, Mr. Nadler, and Mr. Kind) introduced the following bill; which was referred to the Committee on Resources _______________________________________________________________________ A BILL To protect, conserve, and restore native fish, wildlife, and their natural habitats on Federal lands and non-Federal lands through cooperative, incentive-based grants to control, mitigate, and eradicate harmful nonnative species, 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. This Act may be cited as the ``Species Protection and Conservation of the Environment Act''. SEC. 2. PURPOSE. The purpose of this Act is to encourage partnerships among public agencies, Indian tribes, and other interests for the following objectives: (1) To protect, enhance, restore, and manage a diversity of habitats for native fish and wildlife through control of harmful nonnative species. (2) To promote the development of voluntary State assessments to establish priorities for controlling harmful nonnative species. (3) To promote greater cooperation among Federal, State, and local land and water managers, and owners of private land, water rights, or other interests to implement ecologically based strategies to eradicate, mitigate, and control harmful nonnative species through a voluntary and incentive-based financial assistance grant program. (4) To establish a rapid response capability to combat incipient harmful nonnative species invasions. (5) To establish a National Invasive Species Council. SEC. 3. DEFINITIONS. For the purposes of this Act: (1) Appropriate committees.--The term ``appropriate Committees'' means the Committee on Resources of the House of Representatives and the Committee on Environment and Public Works of the Senate. (2) Control.--The term ``control'' means, as appropriate, eradicating, suppressing, reducing, or managing harmful nonnative species from areas where they are present; taking steps to detect early infestations on at-risk native habitats; and restoring native species and habitats to reduce the effects of harmful nonnative species. (3) Council.--The term ``Council'' means the National Invasive Species Council established by section 6(a). (4) Environmental soundness.--The term ``environmental soundness'' means the extent of inclusion of methods, efforts, actions, or programs to prevent or control infestations of harmful nonnative species, that-- (A) minimize adverse impacts to the structure and function of an ecosystem and adverse effects on nontarget species and ecosystems; and (B) emphasize integrated management techniques. (5) Federal lands.--The term ``Federal lands'' means all lands and waters that are owned and administered by the Department of the Interior or the Forest Service or are held in trust by the Federal Government for an Indian tribe. (6) Harmful nonnative species.--The term ``harmful nonnative species''-- (A) subject to subparagraph (B), means, with respect to a particular ecosystem in a particular region, any species, including its seeds, eggs, spores, or other biological material capable of propagating that species, that is not native to that ecosystem and has a demonstrable or potentially demonstrable negative environmental or economic impact in that region; and (B) does not include nonferal livestock. (7) Indian tribe.--The term ``Indian tribe'' has the meaning given that term in section 4 of the Indian Self- Determination and Education Assistance Act (25 U.S.C. 450b). (8) National management plan.--The term ``National Management Plan'' means the management plan referred to in section 5 of Executive Order 13112 of February 3, 1999, and entitled ``Meeting the Invasive Species Challenge''. (9) Secretary.--The term ``Secretary'' means the Secretary of the Interior. (10) 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, American Samoa, the Commonwealth of the Northern Mariana Islands, any other territory or possession of the United States, and any Indian tribe. SEC. 4. ALDO LEOPOLD NATIVE HERITAGE GRANT PROGRAM. (a) In General.--The Secretary may provide-- (1) a grant to any eligible applicant to carry out a qualified control project in accordance with this section; and (2) a grant to any State to carry out an assessment project consistent with relevant State plans that have been developed in whole or in part for the conservation of native fish, wildlife, and their habitats, and in accordance with this section, to-- (A) identify harmful nonnative species that occur in the State; (B) assess the needs to restore, manage, or enhance native fish and wildlife and their natural habitats and processes in the State; (C) identify priorities for actions to address such needs; (D) identify mechanisms to increase capacity building in a State or across State lines to conserve and protect native fish and wildlife and their habitats and to detect and control harmful nonnative species within the State; and (E) incorporate, where applicable, the guidelines of the National Management Plan. The grant program under this section shall be known as the ``Aldo Leopold Native Heritage Grant Program''. (b) Functions of the Secretary.-- (1) In general.--The Secretary shall-- (A) publish guidelines for and solicit applications for grants under this section not later than 6 months after the date of enactment of this Act; (B) receive, review, evaluate, and approve applications for grants under this section; (C) consult with the council on the projects proposed for grants under this section, including regarding the priority of proposed projects for such grants; and (D) consult with the Council regarding the development of the database required under subsection (j). (2) Advice.--To obtain advice regarding proposed grants under this section, including advice on the scientific merit, technical merit, and feasibility of a proposed grant, the Secretary shall consult with the advisory committee established under section 6(f). (3) Delegation of authority.--The Secretary may delegate to another Federal instrumentality the authority of the Secretary under this section, other than the authority to approve applications for grants and make grants. (c) Functions of the Council.--The Council shall-- (1) consult with the Secretary to create criteria and guidelines for grants under this section; (2) consult with the Secretary regarding whether proposed control projects are qualified control projects; and (3) carry out functions relating to monitoring control projects under subsection (j). (d) Eligible Applicant.--To be an eligible applicant for purposes of subsection (a)(1), an applicant shall-- (1) be a State, local government, interstate or regional agency, or private person; and (2) have adequate personnel, funding, and authority to carry out and monitor or maintain a control project. (e) Qualified Control Project.-- (1) In general.--To be a qualified control project under this section, a project shall-- (A) control harmful nonnative species on the lands or waters on which it is conducted; (B) include a plan for monitoring the project area and maintaining effective control of harmful nonnative species after the completion of the project, that is consistent with standards for monitoring developed under subsection (j); (C) be conducted in partnership with a Federal agency; (D) be conducted on non-Federal lands or waters that, for purposes of carrying out the project, are under the control of the eligible applicant applying for the grant under this section and on adjacent Federal lands or waters administered by the Federal agency referred to in subparagraph (C), that are-- (i) administered for the long-term conservation of such lands and waters and the native fish and wildlife dependent thereon; and (ii) managed to prevent the future reintroduction or dispersal of harmful nonnative species from the lands and waters on which the project is carried out; and (E) encourage public notice and outreach on control project activities in the affected community. (2) Other factors for selection of projects.--In ranking qualified control projects, the Secretary may consider the following: (A) The extent to which a project would address the operational backlog attributed to harmful nonnative species on habitats important to native fish and wildlife throughout any system of Federal lands. (B) Whether a project will encourage increased coordination and cooperation among one or more Federal agencies and State or local government agencies or nongovernmental or other private entities to control harmful nonnative species. (C) Whether a project fosters public-private partnerships and uses Federal resources to encourage increased private sector involvement, including consideration of the amount of private funds or in-kind contributions to control harmful nonnative species. (D) The extent to which a project would aid the conservation of species that are listed under the Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.). (E) Whether a project includes pilot testing or a demonstration of an innovative technology having the potential for improved cost-effectiveness in controlling harmful nonnative species. (F) The extent to which a project considers the potential for unintended consequences of control methods on ecosystems and includes contingency measures. (f) Distribution of Control Grant Awards.--In making grants for control projects under this section the Secretary shall, to the greatest extent practicable, ensure-- (1) a balance of smaller and larger projects conducted with grants under this section; and (2) an equitable geographic distribution of projects carried out with grants under this section, among all States within which such projects are proposed to be conducted. (g) Grant Duration.-- (1) In general.--Each grant under this section shall be to provide funding for the Federal share of the cost of a project carried out with the grant for up to 2 fiscal years. (2) Renewal.--(A) If the Secretary, after reviewing the reports under subsection (h) regarding a control project, finds that the project is making satisfactory progress, the Secretary may renew a grant under this section for the project for an additional 3 fiscal years. (B) The Secretary may renew a grant under this section to implement the monitoring and maintenance plan required for a control project under subsection (e)(1)(B) for up to 5 fiscal years after the project is otherwise completed. (h) Reporting by Grantee.-- (1) In general.--(A) A grantee carrying out a control project with a grant under this section shall report to the Secretary every 24 months or at the expiration of the grant, whichever is of shorter duration. (B) A State carrying out an assessment project with a grant under this section shall submit the assessment pursuant to subsection (a)(2) to the Secretary no later than 24 months after the date on which the grant is awarded. (2) Report contents.--Each report under this subsection shall include the following information with respect to each project covered by the report: (A) In the case of a control project-- (i) the information described in subparagraphs (B), (D), and (F) of subsection (k)(2); and (ii) specific information on the methods and techniques used to control harmful nonnative species in the project area, including any specific information on the methods and techniques used to restore native fish, wildlife, or their habitats in the project area. (B) A detailed report of the funding for the grant and the expenditures made. (3) Interim update.--Each grantee under subsection (h)(1)(A) of this Section shall also submit annually a brief synopsis to the Secretary, either electronically or in writing, that includes-- (A) a chronological list of project progress; and (B) use of awarded funds. (i) Cost Sharing for Projects.-- (1) Federal share.--Except as provided in paragraphs (2) and (3), the Federal share of the cost of a project carried out with a grant under this section shall not exceed 75 percent of such cost. (2) Innovative technology costs.--The Federal share of the
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