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“INTRODUCTION OF THE NATIONAL INVASIVE SPECIES COUNCIL ACT” mentioning the Department of Interior was published in the Extensions of Remarks section on pages E633-E634 on April 13, 2005.
The publication is reproduced in full below:
INTRODUCTION OF THE NATIONAL INVASIVE SPECIES COUNCIL ACT
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HON. VERNON J. EHLERS
of michigan
in the house of representatives
Wednesday, April 13, 2005
Mr. EHLERS. Mr. Speaker, today I am introducing legislation to codify the Executive Order that established the Invasive Species Council and gave the Council responsibility for coordinating all invasive species activities across the federal government (Executive Order #13112, issued in February 1999). Invasive species, such as the snakehead fish and zebra mussel, cause an enormous economic, ecological and human health toll on the United States every year. There are over 20 different federal agencies involved in prevention, eradication, control, monitoring, research and outreach efforts to deal with the threat of invasive species, and this Executive effort seeks to make these efforts more coordinated, effective and cost-efficient. Better management of invasive species efforts across federal agencies is critical to an effective response to this threat, and the Executive Order was the right first step. However, it is only the first step. Congress now needs to pass this legislation to give the Council more authority to effectively meet this threat.
Since its inception, the Council has made progress in achieving its mandate. In particular, in January 2001 the Council issued the National Management Plan to provide a general blueprint of goals and actions for federal agencies to better deal with invasive species. While this broad plan lacks detail in some areas, it helps focus the various federal efforts on common goals and coordinated actions. In addition, the Council established a federal advisory committee consisting of 32 members from a broad array of stakeholders. The advisory committee has met several times in order to provide guidance on the development of the National Management Plan and on federal agency actions regarding invasive species in general.
While the Council has had some success, its authority to coordinate the actions of federal agencies has been limited. The Government Accountability Office (GAO) has recognized this problem, reporting that agencies did not incorporate the components of the National Management Plan into their annual performance plans. In addition, the GAO recommended that the Council study whether or not a lack of legislative authority has hampered its mission. Key agencies of the Council have already recognized this lack of authority as problematic and have supported codification of the Council in testimony before a November 2002 joint hearing of the House Resources and House Science Committees on aquatic invasive species.
The legislation I am introducing today essentially keeps the existing structure of the Council intact, while at the same time it addresses issues raised by the GAO by giving the Council a clear statutory mandate.
First, the legislation maintains the Executive Order's statement of administration policy that federal agencies should not undertake actions that may lead to the introduction or further spread of invasive species without careful consideration of the costs that the proposed action may cause. The legislation requires that the Council on Environmental Quality, in conjunction with the Council, issue guidelines for federal agencies to help them consider the consequences of any proposed action. The intent of this provision is to create a common set of guidelines by which all federal agencies can measure their actions, not to give individuals a private right of action against government agencies that take actions regarding invasive species.
Second, the legislation makes some modifications to the existing institutional structure of the Council. The membership of the Council will remain the same; however the legislation updates the membership, as described by the Executive Order, to reflect additional agencies that have been added since 1999. It also makes the Council an independent entity within the Executive Branch, to be chaired on a rotating basis by the Secretary of the Interior, the Secretary of Agriculture, and the Secretary of Commerce. This is a change from the Executive Order, which called for the Council to be housed within the Department of the Interior and chaired by that agency. If the Council is to be a truly independent entity that can work with all federal agencies, this change is necessary.
Third, the legislation retains the duties of the Council as described by the Executive Order (including development of an updated National Management Plan), but it adds some new duties in order to give the Council more tools to use in coordinating federal programs. In particular, the Council must submit an annual list of the top priorities in several different areas related to addressing the threat posed by invasive species. The legislation also specifically calls upon the Council to work with federal agencies during the budget development and submission process in order to ensure that budget priorities reflect the priorities of the National Management Plan. The legislation also calls on the Office of Management and Budget to develop a crosscut budget of all invasive species efforts in the federal government. This is a necessary tool for the Council to coordinate efforts among the various federal agencies.
Finally, the legislation retains the existing Invasive Species Advisory Council to serve as an important contributor to the ongoing dialogue between the federal government and stakeholders to ensure that the federal government acts in the most effective way.
This legislation will help further the federal government's efforts to combat invasive species, and I urge all of my colleagues to cosponsor this important legislation.
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