• Executive Order 13112
• From Forest Service Manual Zero Code 2080
• Beware of Invasive Species

See executive order 13112 of Feb 3, 1999, Invasive Species, Federal register V. 64:25 6183-6186 http://ceq.eh.doe.gov/nepa/regs/eos/eo13112.html

By the authority vested in me as President by the Constitution and the laws of the United States of America, including the National Environmental Policy Act of 1969, as amended (42 U.S.C. 4321 et seq.), Nonindigenous Aquatic Nuisance Prevention and Control Act of 1990, as amended (16 U.S.C. 4701 et seq.), Lacey Act, as amended (18 U.S.C. 42), Federal Plant Pest Act (7 U.S.C. 150aa et seq.), Federal Noxious Weed Act of 1974, as amended (7 U.S.C. 2801 et seq.), Endangered Species Act of 1973, as amended (16 U.S.C. 1531 et seq.), and other pertinent statutes, to prevent the introduction of invasive species and provide for their control and to minimize the economic, ecological, and human health impacts that invasive species cause, it is ordered as follows:

Section 1. Definitions.

a "Alien species" means, with respect to a particular ecosystem, any species, including its seeds, eggs, spores, or other biological material capable of propagating that species, that is not native to that ecosystem.

b "Control" means, as appropriate, eradicating, suppressing, reducing, or managing invasive species populations, preventing spread of invasive species from areas where they are present, and taking steps such as restoration of native species and habitats to reduce the effects of invasive species and to prevent further invasions.

c "Ecosystem" means the complex of a community of organisms and its environment.

d "Federal agency" means an executive department or agency, but does not include independent establishments as defined by 5 U.S.C. 104.

e "Introduction" means the intentional or unintentional escape, release, dissemination, or placement of a species into an ecosystem as a result of human activity.

f "Invasive species" means an alien species whose introduction does or is likely to cause economic or environmental harm or harm to human health.

g "Native species" means, with respect to a particular ecosystem, a species that, other than as a result of an introduction, historically occurred or currently occurs in that ecosystem.

h "Species" means a group of organisms all of which have a high degree of physical and genetic similarity, generally interbreed only among themselves, and show persistent differences from members of allied groups of organisms.

i "Stakeholders" means, but is not limited to, State, tribal, and local government agencies, academic institutions, the scientific community, nongovernmental entities including environmental, agricultural, and conservation organizations, trade groups, commercial interests, and private landowners.

j "United States" means the 50 States, the District of Columbia, Puerto Rico, Guam, and all possessions, territories, and the territorial sea of the United States.

Sec. 2. Federal Agency Duties.

a Each Federal agency whose actions may affect the status of invasive species shall, to the extent practicable and permitted by law,

1 identify such actions;

2 subject to the availability of appropriations, and within Administration budgetary limits, use relevant programs and authorities to: (i) prevent the introduction of invasive species; (ii) detect and respond rapidly to and control populations of such species in a cost-effective and environmentally sound manner; (iii) monitor invasive species populations accurately and reliably; (iv) provide for restoration of native species and habitat conditions in ecosystems that have been invaded; (v) conduct research on invasive species and develop technologies to prevent introduction and provide for environmentally sound control of invasive species; and (vi) promote public education on invasive species and the means to address them; and

3 not authorize, fund, or carry out actions that it believes are likely to cause or promote the introduction or spread of invasive species in the United States or elsewhere unless, pursuant to guidelines that it has prescribed, the agency has determined and made public its determination that the benefits of such actions clearly outweigh the potential harm caused by invasive species; and that all feasible and prudent measures to minimize risk of harm will be taken in conjunction with the actions.

b Federal agencies shall pursue the duties set forth in this section in consultation with the Invasive Species Council, consistent with the Invasive Species Management Plan and in cooperation with stakeholders, as appropriate, and, as approved by the Department of State, when Federal agencies are working with international organizations and foreign nations.

Sec. 3. Invasive Species Council.

a An Invasive Species Council (Council) is hereby established whose members shall include the Secretary of State, the Secretary of the Treasury, the Secretary of Defense, the Secretary of the Interior, the Secretary of Agriculture, the Secretary of Commerce, the Secretary of Transportation, and the Administrator of the Environmental Protection Agency. The Council shall be Co-Chaired by the Secretary of the Interior, the Secretary of Agriculture, and the Secretary of Commerce. The Council may invite additional Federal agency representatives to be members, including representatives from subcabinet bureaus or offices with significant responsibilities concerning invasive species, and may prescribe special procedures for their participation. The Secretary of the Interior shall, with concurrence of the Co-Chairs, appoint an Executive Director of the Council and shall provide the staff and administrative support for the Council.

b The Secretary of the Interior shall establish an advisory committee under the Federal Advisory Committee Act, 5 U.S.C. App., to provide information and advice for consideration by the Council, and shall, after consultation with other members of the Council, appoint members of the advisory committee representing stakeholders. Among other things, the advisory committee shall recommend plans and actions at local, tribal, State, regional, and ecosystem-based levels to achieve the goals and objectives of the Management Plan in section 5 of this order. The advisory committee shall act in cooperation with stakeholders and existing organizations addressing invasive species. The Department of the Interior shall provide the administrative and financial support for the advisory committee.

Sec. 4. Duties of the Invasive Species Council. The Invasive Species Council shall provide national leadership regarding invasive species, and shall:

a oversee the implementation of this order and see that the Federal agency activities concerning invasive species are coordinated, complementary, cost- efficient, and effective, relying to the extent feasible and appropriate on existing organizations addressing invasive species, such as the Aquatic Nuisance Species Task Force, the Federal Interagency Committee for the Management of Noxious and Exotic Weeds, and the Committee on Environment and Natural Resources;

b encourage planning and action at local, tribal, State, regional, and ecosystem-based levels to achieve the goals and objectives of the Management Plan in section 5 of this order, in cooperation with stakeholders and existing organizations addressing invasive species;

c develop recommendations for international cooperation in addressing invasive species;

d develop, in consultation with the Council on Environmental Quality, guidance to Federal agencies pursuant to the National Environmental Policy Act on prevention and control of invasive species, including the procurement, use, and maintenance of native species as they affect invasive species;

e facilitate development of a coordinated network among Federal agencies to document, evaluate, and monitor impacts from invasive species on the economy, the environment, and human health;

f facilitate establishment of a coordinated, up- to-date information-sharing system that utilizes, to the greatest extent practicable, the Internet; this system shall facilitate access to and exchange of information concerning invasive species, including, but not limited to, information on distribution and abundance of invasive species; life histories of such species and invasive characteristics; economic, environmental, and human health impacts; management techniques, and laws and programs for management, research, and public education; and

g prepare and issue a national Invasive Species Management Plan as set forth in section 5 of this order.

Sec. 5. Invasive Species Management Plan.

a Within 18 months after issuance of this order, the Council shall prepare and issue the first edition of a National Invasive Species Management Plan (Management Plan), which shall detail and recommend performance-oriented goals and objectives and specific measures of success for Federal agency efforts concerning invasive species. The Management Plan shall recommend specific objectives and measures for carrying out each of the Federal agency duties established in section 2(a) of this order and shall set forth steps to be taken by the Council to carry out the duties assigned to it under section 4 of this order. The Management Plan shall be developed through a public process and in consultation with Federal agencies and stakeholders.

b The first edition of the Management Plan shall include a review of existing and prospective approaches and authorities for preventing the introduction and spread of invasive species, including those for identifying pathways by which invasive species are introduced and for minimizing the risk of introductions via those pathways, and shall identify research needs and recommend measures to minimize the risk that introductions will occur. Such recommended measures shall provide for a science-based process to evaluate risks associated with introduction and spread of invasive species and a coordinated and systematic risk- based process to identify, monitor, and interdict pathways that may be involved in the introduction of invasive species. If recommended measures are not authorized by current law, the Council shall develop and recommend to the President through its Co-Chairs legislative proposals for necessary changes in authority.

c The Council shall update the Management Plan biennially and shall concurrently evaluate and report on success in achieving the goals and objectives set forth in the Management Plan. The Management Plan shall identify the personnel, other resources, and additional levels of coordination needed to achieve the Management Plan's identified goals and objectives, and the Council shall provide each edition of the Management Plan and each report on it to the Office of Management and Budget. Within 18 months after measures have been recommended by the Council in any edition of the Management Plan, each Federal agency whose action is required to implement such measures shall either take the action recommended or shall provide the Council with an explanation of why the action is not feasible. The Council shall assess the effectiveness of this order no less than once each 5 years after the order is issued and shall report to the Office of Management and Budget on whether the order should be revised.

Sec. 6. Judicial Review and Administration.

a This order is intended only to improve the internal management of the executive branch and is not intended to create any right, benefit, or trust responsibility, substantive or procedural, enforceable at law or equity by a party against the United States, its agencies, its officers, or any other person.
b Executive Order 11987 of May 24, 1977, is hereby revoked.

c The requirements of this order do not affect the obligations of Federal agencies under 16 U.S.C. 4713 with respect to ballast water programs.

d The requirements of section 2(a)(3) of this order shall not apply to any action of the Department of State or Department of Defense if the Secretary of State or the Secretary of Defense finds that exemption from such requirements is necessary for foreign policy or national security reasons.

(Presidential Sig.)
William Jefferson Clinton
THE WHITE HOUSE,

February 3, 1999.

(concerns Noxious Weed Management)

2081.03 - Policy. When any ground disturbing action or activity is proposed, determine the risk of introducing or spreading noxious weeds associated with the proposed action.
Use contract and permit clauses to prevent the introduction or spread of noxious weeds by contractors and permittees. For example, where determined to be appropriate, use clauses requiring contractors or permittees to clean their equipment prior to entering National Forest System lands…

2081.2 - Prevention and Control Measures. Determine the factors which favor the establishment and spread of noxious weeds and design management practices or prescriptions to reduce the risk of infestation or spread of noxious weeds…

Where funds and other resources do not permit undertaking all desired measures, address and schedule noxious prevention and control in the following order:

First Priority: Prevent the introduction of new invaders,
Second Priority: Conduct early treatment of new infestations, and
Third Priority: Contain and control established infestations.

Direction for the management of noxious weeds, and specifically their prevention, is outlined under the National Strategy for Invasive Plant Management (Pulling Together), the Federal Noxious Weed Act of 1974 as amended, Forest Service regulations at 36 CFR 222.8, Region 1 and Region 4 priorities for noxious weed management strategy, Forest Plan Direction from each of the managing National Forests, and Forest Service Order #04-00-052.

The following is adapted from several Department of Transportation sources, primarily Roadside Use of Native Plants, a handbook published by the Federal Highway Administration. Roadside Use of Native Plants provides state-by-state references on the use of native plants and how they can be used to benefit highway projects.

Beware of invasive species. No, we are not talking about aliens from outer space. Invasive species are plants and animals that are introduced into new areas in which they are not among the native flora and fauna, and because they no longer face the natural enemies or competition from their place of origin, they spread or reproduce prolifically. Invasive species can be a very, very big problem.

Non-native species can cause significant changes to ecosystems, upset the ecological balance, and cause economic harm to our nation's agricultural and recreational sectors. For example, introduced plants, such as kudzu in the southeastern states and purple loosestrife throughout the country, have choked out native plant species and consequently have altered wildlife and fish habitat. Zebra mussels introduced into the Great Lakes in the ballast water of cargo ships have colonized water pipes, boat hulls, and other surfaces, wreaking havoc on water systems, transportation, and native shellfish.

Each year, approximately $23 billion nationwide is lost to the effects of invasive plants on agriculture, industry, recreation, and the environment. An estimated 1860 hectares (4600 acres) of land are invaded daily by invasive plants.

Fighting Back
On Feb. 3, 1999, President Clinton signed Executive Order 13112, which directs the agencies of the executive branch of the federal government to work to prevent and control the introduction and spread of invasive species. Species that are likely to harm the environment, human health, or the economy are of particular concern. The executive order builds on the National Environmental Policy Act (NEPA) of 1969, the Federal Noxious Weed Act of 1974, and the Endangered Species Act of 1973 to prevent the introduction of invasive species; provide for their control; and take measures to minimize economic, ecological, and human health effects.

The U.S. Department of Transportation (DOT) plays a large role in the government's fight against invasive species because transportation systems can facilitate the spread of plant and animal species outside their natural range, both domestically and internationally. DOT has traditionally been in the forefront of national efforts to prevent and control the introduction of invasive species. For some time, DOT has had a strategic goal of protecting the natural environment; has adhered to statutory mandates and directives, such as the 1994 Presidential Memorandum on Environmentally and Economically Beneficial Landscaping Practices; and has participated actively on interagency committees, such as the Federal Interagency Committee for Management of Noxious and Exotic Weeds (FICMNEW), the Native Plant Conservation Initiative (NPCI), the Interagency Ecosystem Management Task Force, the Aquatic Nuisance Species Task Force, and the Interagency Working Group on Endangered Species.

On April 22, 1999, Secretary of Transportation Rodney E. Slater issued a "Policy Statement on Invasive Alien Species," which directed DOT's operating administrations to proactively implement Executive Order 13112.

The Federal Highway Administration (FHWA) is very active in the effort to control and prevent the spread of invasive species because highway corridors provide opportunities for the movement of invasive species through the landscape. Invasive plant or animal species can move on vehicles and in the loads they carry. Invasive plants can be moved from site to site during spraying and mowing operations. Weed seed can be inadvertently introduced into the corridor during construction on equipment and through the use of mulch, imported soil or gravel, or sod. Some invasive plant species might be deliberately planted in erosion control, landscape, or wildflower projects. Millions of miles of highway rights-of-way traverse public and private lands. Many of these adjacent lands have weed problems, and the highway rights-of-way provide corridors along which these noxious and exotic weeds can spread.

In its continuing effort to protect the environment, FHWA is promoting the use of native plants to help control the introduction of invasive species of plants.

"We are committed to protecting the environment along the nation's highways," said Federal Highway Administrator Kenneth R. Wykle. "Native plants are particularly useful for this because they can thrive in all parts of the country and also help preserve our natural heritage for future generations."

Wykle said that native plants can be used for erosion control, landscaping, and maintenance of highway rights-of-way. Native plants have adapted over time to the varied climates and geology that highway projects cross; can prosper without fertilizers; and, once established, can ward off the invasion of weeds, thereby reducing the need for herbicide use.

FHWA developed some guidance for implementing the executive order. The guidance, released on Aug. 19, 1999, provides a framework for preventing the introduction of and controlling the spread of invasive plant species on highway rights-of-way. Controlling invasive plants on rights-of-way can often be a complex effort involving various governmental jurisdictions, adjacent landowners, and the general public. FHWA's guidelines were developed with the goal of promoting improved cooperation, communication, and joint eradication efforts with agencies at all levels and with the private sector. To reduce economic and ecological costs and to improve eradication effectiveness, states may wish to incorporate elements of this guidance into their planning and implementation of construction, erosion control, landscaping, and maintenance.

Use of Federal Funds
Under the executive order, a federal agency cannot authorize, fund, or carry out actions that it believes are likely to cause or promote the introduction or spread of invasive species in the United States or elsewhere unless all reasonable measures to minimize risk of harm have been analyzed and considered. Complying with the executive order means that federal-aid and Federal Lands Highway Program funds cannot be used for construction, revegetation, or landscaping that purposely includes the use of known invasive plant species.

The executive order established a National Invasive Species Council, and until an approved national list of invasive plants is defined by the council, "known invasive plants" are defined as those listed on the official noxious weed list of the state in which the activity occurs. FHWA recommends use of federal-aid funds for new and expanded invasive species control under each state's roadside vegetation management program.

FHWA NEPA Analysis
A determination of the likelihood of introducing or spreading invasive species and a description of the measures being taken to minimize their potential harm should be part of any process conducted to fulfill agency responsibilities under NEPA. Consideration of invasive species should occur during all phases of the environmental process to fulfill the requirements of NEPA. For example, at the very beginning of the project, discussions with stakeholders should identify the potential effects from invasive species and include possible prevention and control measures.

The actual NEPA analysis should include the identification of any invasive terrestrial or aquatic species -- plant or animal -- that could do harm to native habitats within the project area. This could involve mapping all existing invasive populations on and adjacent to the project and a survey of existing soils for invasive potential. Also, the analysis should include the potential effect of the disturbances caused by construction on the spread of invasive species. Finally, the analysis should include a discussion of any preventative measures or eradication measures that will be taken during the project. Measures may include inspecting and cleaning construction equipment; ensuring the use of invasive-free mulches, topsoils, and seed mixes; and developing eradication strategies to be deployed should an invasion occur. Until the National Vegetation Management Plan specified in the executive order is completed, NEPA analyses should rely on each state's noxious weed list to define the invasive plants that must be addressed and the measures to be implemented to minimize their harm.

State DOT Activities
Under the executive order, state departments of transportation have new opportunities to address roadside vegetation management issues on both their construction and maintenance. Through new levels of cooperation and communication with other agencies and with conservation organizations on all levels, the highway programs offer a coordinated response against the introduction and spread of invasive species.

FHWA strongly encourages statewide, right-of-way inventories of vegetation that map existing invasive plant infestations to provide information for NEPA analysis. In addition, FHWA encourages state DOTs to develop their own vegetation management plans and their own statewide invasive plant inventories based on the executive order and the national plan, when it is available. In the absence of a specific state plan, the national plan will serve as policy and guidance for the state.

FHWA encourages the state DOTs to implement the Executive Memorandum on Beneficial Landscaping at every opportunity. This includes applying it to highway landscaping projects, rest area construction, scenic overlooks, state entrances, and transportation enhancement activities. In addition, FHWA recommends that roadside maintenance programs be given the necessary support to control and prevent invasive species.

Innovative Design
FHWA encourages the selection of construction and landscaping techniques and equipment that will contribute to accomplishing the intent of the executive order. These include bio-control delivery systems, more efficient equipment cleaners, improved seeding equipment for steep slopes, safer burn-management equipment, easier-to-use geographic positioning systems to map existing invasive populations, and methods to minimize soil disturbance during vegetation management activities to reduce the opportunities to introduce invasive species.

Coordinated Research
The FHWA environmental research program will promote studies on methods to control invasive plants and to restore native species. FHWA will also make a concerted effort to support applied research relevant to the vegetation management programs of the state DOTs. Research results will be shared with the state DOTs and other state and federal agencies.

Training
FHWA suggests additional training in integrated vegetation management principles for vegetation managers in the maintenance districts, landscape units, and erosion-control sections of each state DOT. FHWA will provide materials for training in the identification of invasive plants and the restoration of native plants. FHWA also encourages regional workshops at its four national resource centers.

FHWA supports efforts by the state agencies to increase public awareness about invasive plants and animals and the integrated management methods being used to control and prevent the spread of invasive species.

Interagency Cooperation

FHWA recommends that state DOTs participate in state invasive species councils, as they are established. These interagency councils will probably include federal agencies, state agencies, and local and tribal governments. Many states have already begun to organize these councils to promote cooperative work on invasive species issues within their state. These groups can share public awareness, training, databases, policy, and research information and can be a resource for the National Invasive Species Council.

Each state DOT should also work with adjacent state DOTs to establish coordinated prevention and control measures for invasive species.

State Models That You Can Use
Some state DOTs have already taken action. For example:

• Georgia, Maryland, Utah, and Puerto Rico have already put together intra-agency and interagency task forces to assess the problem and determine how to apply the guidance provided by FHWA to their policyand planning.
• Wyoming and surrounding states agreed to use only weed-free mulches on construction and upgrade projects.
• Florida's departments of transportation and agriculture have partnered to certify weed-free sod on their projects.
• Oregon DOT requires the washing of equipment moving into and out of a construction site.

A model partnership is found in Oregon. The state DOT supplies the truck. The Bureau of Land Management supplies the sprayer. The county provides the driver/applicator. Their combined knowledge of weed locations, equipment, and willingness to work together make them an exemplary partnership. Just ask the local ranchers!

Some states are taking steps to avoid the planting of invasive plants in the first place. Many non-native quick-cover plants have turned out to be weed problems over time. Some cool-season native grasses are being tried as quick cover to provide erosion control and to eliminate water quality issues and other problems.

Understanding the Weed Problem

Recognizing invasive species and understanding the problems they cause are critical to minimizing the problems. If the public understands this issue, states should find more support for weed prevention and control. If maintenance crews are better trained about invasive species, they will be able to spot problem plants before the plants spread. If contractors and design teams know which plants cause problems, they can avoid planting them or disturbing sites in the first place. If we partner with our neighbors, we can do so much more. If we follow up with planting native plants, weeds will be discouraged naturally.

FHWA Handbook
FHWA recently published a handbook, Roadside Use of Native Plants, with state-by-state information to aid in the use of native plants. After weed control, planting native plants on sites has worked in some states to prevent the further spread of weeds or at least to reduce the problem so that methods such as spot-spraying can be effective.

Preserving the native plants that exist on rights of way should be a priority. When these remnants are invaded by weeds, the weeds should be controlled as quickly as possible. Since plants do not understand political boundaries, states should work together to share information and equipment to halt the spread of invasive plants.

FHWA is developing a sequel handbook, Roadsides and Invasive Species. This new book will explain noxious weed law, and it provide species lists and the policies of all 50 states. The handbook should be distributed in early 2001.

Conclusion
"The executive order and the FHWA guidance is proactive, practical, and on target," said Bonnie Harper-Lore, FHWA's vegetation manager. "Now, it's important that all of us in the transportation right-of-way management business do our part. Like many, I have attended weed meetings for 20 years, but this executive order is the first meaningful national response that I have seen. It should go down in history as a turning point in our 'war on weeds.'State DOTs are definitely part of the solution to gaining control of invasive species. I have traveled with too many state vegetation managers who did not have the resources to do what is needed. This 'do more with less' situation can now change. Although some invasive plants may be beyond control, all agencies united at every level should be able to stop or contain some alien invaders, especially new invaders."

For more information about FHWA's efforts to fight invasive species and restore native plants, please contact Bonnie Harper-Lore at (651) 291-6104 or Bonnie.Harper-Lore@fhwa.dot.gov or visit the Web site at www.fhwa.dot.gov/environment/veg_mgt.htm.

The 665-page handbook Roadside Use of Native Plants includes vegetation maps and lists of native trees, shrubs, vines, grasses, and other plants indigenous to each state. In addition, the handbook lists environmental, academic, scientific, and other organizations in each state. Requests for copies should be sent to Fred Bank, Federal Highway Administration, HEPN-30, Room 3240, 400 7th Street SW, Washington, DC 20590, or via e-mail to Bonnie.Harper- Lore@fhwa.dot.gov.

References

1. Randy G. Westbrooks. Invasive Plants, Changing the Landscape of America, the Fact Book, Federal Interagency Committee for the Management of Noxious and Exotic Weeds, Washington D.C., 1998. (Copies are available from the U.S. Government Printing Office. Call (202) 512-1800 to order.)
2. John M. Randall and Janet Marinelli, editors. Invasive Plants, Weeds of the Global Garden, Brooklyn Botanic Garden, New York, N.Y., 1996. (To order, call (800) 827-8673.)
3. Michael J. Grodowitz and Al Cofrancesco. "PMIS, Plant Management Information System for Noxious and Nuisance Plants," a CD-ROM, 1998. (To order, call (601) 634-2972.)
4. Bonnie Harper-Lore, editor. Roadside Use of Native Plants, Federal Highway Administration, Washington, D.C., 1999.