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. ...


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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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