Photo: Dall sheep, Arctic National Wildlife Refuge, Brooks Range. Copyright 2003 Delena Norris-Tull
Federal Bills on Invasive Species that have not yet passed Congress
Summarized by Dr. Delena Norris-Tull, Professor Emerita of Science Education, University of Montana Western, updated June 2022
Recovering America’s Wildlife Act (RAWA)
Agency: US Dept. of the Interior
The Recovering America’s Wildlife Act was introduced into the US Senate, 7/15/2021, as S. 2372, by Democratic Senator, Martin Heinrich of New Mexico, with 35 co-sponsors, including 16 Republicans.
Status of S. 2372 as of 5/2022: This bill has been placed on the Senate Legislative Calendar.
Summary of the text of S. 2372: “This bill provides funding for (1) the conservation or restoration of wildlife and plant species of greatest conservation need; (2) the wildlife conservation strategies of states, territories, or the District of Columbia; and (3) wildlife conservation education and recreation projects.
“The Department of the Interior must use a portion of the funding for a grant program. The grants must be used for innovative recovery efforts for species of greatest conservation need, species listed as endangered or threatened species, or the habitats of such species.
“In addition, the bill requires certain revenues generated from fees and penalties for violations of environmental requirements to be used as a source for the funding.”
HR 2773: The Recovering America’s Wildlife Act was introduced into the US House of Representatives, 4/22/2021, by Democratic Representative Debbie Dingell of Michigan, as HR 2773. The bill has 194 co-sponsors.
Status of HR 2773, as of 6/2022: This bill has been voted on and passed by the US House of Representatives.
In an era in which few bills successfully pass Congress, this bill has remarkable bipartisan support. It passed the House 231-190.
This Act was previously introduced into the US House of Representatives by Republican Representative Jeff Fortenberry, of Nebraska, as HR 4647, on 12/14/2017, and later re-introduced by Representative Debbie Dingell as HR 3742, on 7/12/2019. HR 4647 failed to move out of subcommittees, and HR 3742 was placed on the Union Calendar but was never put up for a vote.
The Recovering America’s Wildlife Act is designed to provide a funding source for the protection of wildlife and plant populations. It amends the Pittman-Robertson Wildlife Restoration Act of 1937, which was last amended in 2015. This fund would provide significant support for restoration of habitat, thus would support conservation of native plant populations. Funds would be available for existing and future conservation programs to protect both game and non-game fish and wildlife that are listed as threatened and endangered, AND to protect habitat of fish and wildlife for the purpose of preventing species from declining to the point of being listed as threatened or endangered.
RAWA is designed to provide supplemental funding for the “Wildlife Conservation Strategy of a State, territory, or the District of Columbia,” including fish and wildlife conservation and education programs developed to protect and restore “species of greatest conservation need.” While the Pittman-Robertson Act only provided funding for one year, this amended Act provides a permanent stream of funding for a special Subaccount, the Wildlife Conservation and Restoration Subaccount, by designating an annual transfer of funds from the “‘remaining natural resource or environmental-related violation revenue’… the amount of all civil or criminal penalties, fines, sanctions, forfeitures, or other revenues resulting from natural resource or environmental-related violations or enforcement actions by any Federal agency that are not directed to be deposited in a fund other than the general fund of the Treasury or have otherwise been appropriated.”
RAWA would allow Federal funds to be distributed to a State, territory, tribe, or foreign government, “to manage, control, and prevent invasive species, disease, and other risks to species of greatest conservation need.”
“The term ‘species of greatest conservation need’ may be fauna or flora, and may include terrestrial, aquatic, marine, and invertebrate species that are of low population, declining, rare, or facing threats and in need of conservation attention, as determined by each State fish and wildlife department, with respect to funds apportioned to such State.”
States can use funds for “conservation management, conservation education, and wildlife-associated recreation projects.” Previously, little funding for State conservation efforts was available from Federal agencies, and State funding relied primarily on fees from the purchase of hunting and fishing licenses and Federal excise taxes.
The Act recognizes that Federal funds are the major source of funding for State conservation programs, as States remain grossly underfunded. It also acknowledges that Federal projects to protect both game and non-game species are also currently underfunded. Therefore the U.S. has experienced a continued decline in fish and wildlife and plant populations, which has resulted in the listing of hundreds of species as threatened or endangered.
The wording of this amendment is quite broad. It gives State agencies quite a bit of latitude in deciding what programs to develop. For example, in recent years, a number of Western States have collaborated with Federal agencies, such as the BLM, to encourage the restoration of sage grouse populations by removing Rocky Mountain Juniper (a native species) from sagebrush habitat. This Act would provide funds to support such a program without having to list a native species as an “invasive” species. In addition, cheatgrass has become invasive in sagebrush habitat. Cheatgrass is starting to appear on a few official state lists of invasive species, but is still considered a valuable spring forage. This Act would enable States to better manage cheatgrass without having to list it as “invasive.”
The Act also provides a broad definition of sources for matching funds from States, which allows States to declare as matching, funds from other Federal agencies except the Department of the Interior and the Department of Agriculture, and “donated private lands and waters, including privately-owned easements.” While State fees from hunting and fishing licenses may not generally be used as matching funds, these fees may be listed as matching funds if Federal funds for conservation projects have all been “obligated by the State.” This single provision may be very important, by enabling the poorest States greater access to supplemental Federal funding.
Previous Sections on Federal Legislation:
Next Sections on Federal & State Laws:
Federal Bills on Invasive Species that have not yet passed Congress
Summarized by Dr. Delena Norris-Tull, Professor Emerita of Science Education, University of Montana Western, updated June 2022
Recovering America’s Wildlife Act (RAWA)
Agency: US Dept. of the Interior
The Recovering America’s Wildlife Act was introduced into the US Senate, 7/15/2021, as S. 2372, by Democratic Senator, Martin Heinrich of New Mexico, with 35 co-sponsors, including 16 Republicans.
Status of S. 2372 as of 5/2022: This bill has been placed on the Senate Legislative Calendar.
Summary of the text of S. 2372: “This bill provides funding for (1) the conservation or restoration of wildlife and plant species of greatest conservation need; (2) the wildlife conservation strategies of states, territories, or the District of Columbia; and (3) wildlife conservation education and recreation projects.
“The Department of the Interior must use a portion of the funding for a grant program. The grants must be used for innovative recovery efforts for species of greatest conservation need, species listed as endangered or threatened species, or the habitats of such species.
“In addition, the bill requires certain revenues generated from fees and penalties for violations of environmental requirements to be used as a source for the funding.”
HR 2773: The Recovering America’s Wildlife Act was introduced into the US House of Representatives, 4/22/2021, by Democratic Representative Debbie Dingell of Michigan, as HR 2773. The bill has 194 co-sponsors.
Status of HR 2773, as of 6/2022: This bill has been voted on and passed by the US House of Representatives.
In an era in which few bills successfully pass Congress, this bill has remarkable bipartisan support. It passed the House 231-190.
This Act was previously introduced into the US House of Representatives by Republican Representative Jeff Fortenberry, of Nebraska, as HR 4647, on 12/14/2017, and later re-introduced by Representative Debbie Dingell as HR 3742, on 7/12/2019. HR 4647 failed to move out of subcommittees, and HR 3742 was placed on the Union Calendar but was never put up for a vote.
The Recovering America’s Wildlife Act is designed to provide a funding source for the protection of wildlife and plant populations. It amends the Pittman-Robertson Wildlife Restoration Act of 1937, which was last amended in 2015. This fund would provide significant support for restoration of habitat, thus would support conservation of native plant populations. Funds would be available for existing and future conservation programs to protect both game and non-game fish and wildlife that are listed as threatened and endangered, AND to protect habitat of fish and wildlife for the purpose of preventing species from declining to the point of being listed as threatened or endangered.
RAWA is designed to provide supplemental funding for the “Wildlife Conservation Strategy of a State, territory, or the District of Columbia,” including fish and wildlife conservation and education programs developed to protect and restore “species of greatest conservation need.” While the Pittman-Robertson Act only provided funding for one year, this amended Act provides a permanent stream of funding for a special Subaccount, the Wildlife Conservation and Restoration Subaccount, by designating an annual transfer of funds from the “‘remaining natural resource or environmental-related violation revenue’… the amount of all civil or criminal penalties, fines, sanctions, forfeitures, or other revenues resulting from natural resource or environmental-related violations or enforcement actions by any Federal agency that are not directed to be deposited in a fund other than the general fund of the Treasury or have otherwise been appropriated.”
RAWA would allow Federal funds to be distributed to a State, territory, tribe, or foreign government, “to manage, control, and prevent invasive species, disease, and other risks to species of greatest conservation need.”
“The term ‘species of greatest conservation need’ may be fauna or flora, and may include terrestrial, aquatic, marine, and invertebrate species that are of low population, declining, rare, or facing threats and in need of conservation attention, as determined by each State fish and wildlife department, with respect to funds apportioned to such State.”
States can use funds for “conservation management, conservation education, and wildlife-associated recreation projects.” Previously, little funding for State conservation efforts was available from Federal agencies, and State funding relied primarily on fees from the purchase of hunting and fishing licenses and Federal excise taxes.
The Act recognizes that Federal funds are the major source of funding for State conservation programs, as States remain grossly underfunded. It also acknowledges that Federal projects to protect both game and non-game species are also currently underfunded. Therefore the U.S. has experienced a continued decline in fish and wildlife and plant populations, which has resulted in the listing of hundreds of species as threatened or endangered.
The wording of this amendment is quite broad. It gives State agencies quite a bit of latitude in deciding what programs to develop. For example, in recent years, a number of Western States have collaborated with Federal agencies, such as the BLM, to encourage the restoration of sage grouse populations by removing Rocky Mountain Juniper (a native species) from sagebrush habitat. This Act would provide funds to support such a program without having to list a native species as an “invasive” species. In addition, cheatgrass has become invasive in sagebrush habitat. Cheatgrass is starting to appear on a few official state lists of invasive species, but is still considered a valuable spring forage. This Act would enable States to better manage cheatgrass without having to list it as “invasive.”
The Act also provides a broad definition of sources for matching funds from States, which allows States to declare as matching, funds from other Federal agencies except the Department of the Interior and the Department of Agriculture, and “donated private lands and waters, including privately-owned easements.” While State fees from hunting and fishing licenses may not generally be used as matching funds, these fees may be listed as matching funds if Federal funds for conservation projects have all been “obligated by the State.” This single provision may be very important, by enabling the poorest States greater access to supplemental Federal funding.
Previous Sections on Federal Legislation:
- 1930s Federal Laws on Invasive Species
- Federal Seed Act 1939
- 1940s-1960s Federal Laws on Invasive Species
- 1970s Federal Laws on Invasive Species
- 1980s Federal Laws on Invasive Species
- 1990s Federal Laws on Invasive Species
- 2000-2010 Federal Laws on Invasive Species
- 2011-2022 Federal Laws on Invasive Species
Next Sections on Federal & State Laws: