7 U.S.C. § 8505 — Treatment of brown tree snakes as non-

Page 2217 TITLE 7—AGRICULTURE § 8506 brown tree snake into Hawaii from Guam. In carrying out this section, the Secretary shall consider the use of sniffer or tracking dogs, snake traps, and other pre- ventative processes or devices at aircraft and vessel loading facilities on Guam, Hawaii, or intermediate sites serving as transportation points that could result in the introduction of brown tree snakes into Hawaii. ‘‘(c) AUTHORITY.—The Secretary shall use the author- ity provided under the Federal Plant Pest Act (7 U.S.C. 150aa et seq.) to carry out subsections (a) and (b).’’ Pub. L. 102–190, div. A, title III, § 348, Dec. 5, 1991, 105 Stat. 1348, provided that: ‘‘The Secretary of Defense shall take such action as may be necessary to prevent the inadvertent introduction of brown tree snakes from Guam to Hawaii in aircraft and vessels transporting personnel or cargo for the Department of Defense. In carrying out this section, the Secretary shall consider the use of sniffer or tracking dogs, snake traps, and other preventive processes or devices at aircraft and vessel loading facilities in Guam or Hawaii or at inter- mediate transit points for personnel or cargo trans- ported between Guam and Hawaii.’’ § 8504. Establishment of quarantine protocols to control the introduction and spread of the brown tree snake (a) Establishment of quarantine protocols Not later than two years after October 30, 2004, but subject to the memorandum of agreement required by subsection (b) with respect to Guam, the Secretaries shall establish and cause to be operated at Federal expense a system of pre-de- parture quarantine protocols for cargo and other items being shipped from Guam and any other United States location where the brown tree snake may become established to prevent the in- troduction or spread of the brown tree snake. The Secretaries shall establish the quarantine protocols system by regulation. Under the quar- antine protocols system, Federal quarantine, natural resource, conservation, and law enforce- ment officers and inspectors may enforce State and territorial laws regarding the transpor- tation, possession, or introduction of any brown tree snake. (b) Cooperation and consultation The activities of the Secretaries under sub- section (a) shall be carried out in cooperation with other Federal agencies and the appropriate State and territorial quarantine, natural re- source, conservation, and law enforcement offi- cers. In the case of Guam, as a precondition on the establishment of the system of pre-depar- ture quarantine protocols under such sub- section, the Secretaries shall enter into a memorandum of agreement with the Govern- ment of Guam to obtain the assistance and co- operation of the Government of Guam in estab- lishing the system of pre-departure quarantine protocols. (c) Implementation The system of pre-departure quarantine proto- cols to be established under subsection (a) shall not be implemented until funds are specifically appropriated for that purpose. (d) Authorization of appropriations There is authorized to be appropriated to carry out this section the following amounts: (1) To the Secretary of Agriculture, not more than $3,000,000 for each of the fiscal years 2006 through 2010. (2) To the Secretary of the Interior, not more than $1,000,000 for each of the fiscal years 2006 through 2010. (Pub. L. 108–384, § 5, Oct. 30, 2004, 118 Stat. 2224.) § 8505. Treatment of brown tree snakes as non- mailable matter A brown tree snake constitutes nonmailable matter under section 3015 of title 39. (Pub. L. 108–384, § 6, Oct. 30, 2004, 118 Stat. 2224.) § 8506. Role of brown tree snake Technical Work- ing Group (a) Purpose The Technical Working Group shall ensure that Federal, State, territorial, and local agency efforts concerning the brown tree snake are co- ordinated, effective, complementary, and cost- effective. (b) Specific duties and activities The Technical Working Group shall be respon- sible for the following: (1) The evaluation of Federal, State, and ter- ritorial activities, programs and policies that are likely to cause or promote the introduc- tion or spread of the brown tree snake in the United States or the Freely Associated States and the preparation of recommendations for governmental actions to minimize the risk of introduction or further spread of the brown tree snake. (2) The preparation of recommendations for activities, programs, and policies to reduce and eventually eradicate the brown tree snake in Guam or other areas within the United States where the snake may be established and the monitoring of the implementation of those activities, programs, and policies. (3) Any revision of the Brown Tree Snake Control Plan, originally published in June 1996, which was prepared to coordinate Fed- eral, State, territorial, and local government efforts to control, interdict, eradicate or con- duct research on the brown tree snake. (c) Reporting requirement (1) Report Subject to the availability of appropriations for this purpose, the Technical Working Group shall prepare a report describing— (A) the progress made toward a large-scale population reduction or eradication of the brown tree snake in Guam or other sites that are infested by the brown tree snake; (B) the interdiction and other activities required to reduce the risk of introduction of the brown tree snake or other nonindige- nous snake species in Guam, the Common- wealth of the Northern Mariana Islands, Ha- waii, American Samoa, and the Freely Asso- ciated States; (C) the applied and basic research activi- ties that will lead to improved brown tree snake control, interdiction and eradication efforts conducted by Federal, State, terri- torial, and local governments; and (D) the programs and activities for brown tree snake control, interdiction, research