[Congressional Bills 104th Congress]
[From the U.S. Government Publishing Office]
[S. 690 Introduced in Senate (IS)]







104th CONGRESS
  1st Session
                                 S. 690

    To amend the Federal Noxious Weed Act of 1974 and the Terminal 
 Inspection Act to improve the exclusion, eradication, and control of 
  noxious weeds and plants, plant products, plant pests, animals, and 
   other organisms within and into the United States, and for other 
                               purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                April 6 (legislative day, April 5), 1995

 Mr. Akaka (for himself, Mr. Campbell, and Mr. Dorgan) introduced the 
 following bill; which was read twice and referred to the Committee on 
                  Agriculture, Nutrition, and Forestry

_______________________________________________________________________

                                 A BILL


 
    To amend the Federal Noxious Weed Act of 1974 and the Terminal 
 Inspection Act to improve the exclusion, eradication, and control of 
  noxious weeds and plants, plant products, plant pests, animals, and 
   other organisms within and into the United States, 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 ``Federal Noxious Weed Control 
Improvement Act of 1995''.

                         TITLE I--NOXIOUS WEEDS

SEC. 101. IMPROVEMENT IN THE EXCLUSION, ERADICATION, AND CONTROL OF 
              NOXIOUS WEEDS IN THE UNITED STATES.

    The Federal Noxious Weed Act of 1974 (7 U.S.C. 2801 et seq.) is 
amended to read as follows:

``SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

    ``(a) Short Title.--This Act may be cited as the `Foreign and 
Federal Noxious Weed Act'.
    ``(b) Table of Contents.--The table of contents of this Act is as 
follows:

``Sec. 1. Short title; table of contents.
``Sec. 2. Findings.
``Sec. 3. Definitions.
``TITLE I--MOVEMENT OF FEDERAL NOXIOUS WEED INTO OR THROUGH THE UNITED 
                                 STATES

``Sec. 101. Movement of Federal noxious weed into or through the United 
                            States.
``Sec. 102. Identification of Federal noxious weeds.
``Sec. 103. Quarantines.
``Sec. 104. Measures to prevent dissemination of foreign and Federal 
                            noxious weeds.
``Sec. 105. Search of persons, premises, and goods.
``Sec. 106. Penalties.
``Sec. 107. Cooperation with other Federal, State, and local agencies.
``Sec. 108. Authorization of appropriations.
     ``TITLE II--MANAGEMENT OF UNDESIRABLE PLANTS ON FEDERAL LANDS

``Sec. 201. Definitions.
``Sec. 202. Federal agency involvement.
``Sec. 203. Authorization of appropriations.
                    ``TITLE III--GENERAL PROVISIONS

``Sec. 301. Effect on inconsistent State and local laws.
``Sec. 302. Regulations.

``SEC. 2. FINDINGS.

    ``Congress finds that--
            ``(1) the importation or introduction in interstate 
        commerce of foreign noxious weeds, except under controlled 
        conditions, is detrimental to the environment, agriculture, and 
        commerce of the United States and to the public health in that 
        the growth and spread of weeds in the United States--
                    ``(A) interfere with the growth of useful plants;
                    ``(B) clog waterways and interfere with navigation;
                    ``(C) cause disease or have other adverse effects 
                on the environment; and
                    ``(D) directly or indirectly interfere with natural 
                resources, agriculture, forestry, native ecosystems, 
                and the management of ecosystems;
            ``(2) uncontrolled distribution within the United States of 
        foreign noxious weeds, after importation or introduction of the 
        weeds, has similar detrimental effects;
            ``(3) the distribution of noxious weeds poses long-term 
        problems for natural resources, agriculture, and native or 
        natural ecosystems and ecosystem management, including--
                    ``(A) economic injury to natural resources, 
                agriculture, and the economy of the United States;
                    ``(B) impedance of interstate and foreign commerce; 
                and
                    ``(C) diminishment of biodiversity in native 
                ecosystems of the United States; and
            ``(4) in light of the adverse consequences of uncontrolled 
        importation or distribution of foreign noxious weeds, the 
        regulation of foreign noxious weeds as provided in this Act is 
        necessary to protect interstate and foreign commerce and the 
        public welfare.

``SEC. 3. DEFINITIONS.

    ``As used in this Act:
            ``(1) Advisory panel.--The term `Advisory Panel' means the 
        Noxious Weed Technical Advisory Panel established under section 
        102(e).
            ``(2) Authorized inspector.--The term `authorized 
        inspector' means an employee of the Department, or an employee 
        of any other agency of the Federal Government or of any State 
        or other governmental agency that is cooperating with the 
        Department in the administration of this Act, who is authorized 
        by the Secretary to perform assigned duties under this Act.
            ``(3) Department.--The term ``Department'' means the United 
        States Department of Agriculture.
            ``(4) Emergency.--The term `emergency' means an unforeseen 
        combination of circumstances or the resulting state that calls 
        for immediate action, as determined by the Secretary.
            ``(5) Federal noxious weed.--The term `Federal noxious 
        weed' means a foreign noxious weed that is identified as 
        appropriate for control under this Act and included in the 
        Federal noxious weed list established pursuant to a regulation 
        issued under section 102(b).
            ``(6) Federal noxious weed list.--The term `Federal noxious 
        weed list' means the list prepared by the Secretary that 
        contains the names of all Federal noxious weeds.
            ``(7) Foreign noxious weed.--The term `foreign noxious 
        weed' means a plant species, including all reproductive parts 
        of the species, that the Secretary determines--
                    ``(A) is of foreign origin;
                    ``(B) can directly or indirectly interfere with an 
                agroecosystem, native ecosystem, or the management of 
                an ecosystem, or cause injury to public health; and
                    ``(C)(i) has not been introduced into the United 
                States;
                    ``(ii) is determined by the Secretary to be likely 
                to be introduced into the United States;
                    ``(iii) is new to the United States; or
                    ``(iv) has not expanded beyond susceptibility to 
                containment within a geographic region or ecological 
                range of the United States.
            ``(8) Interfere.--The term `interfere' means to injure, 
        harm, or impair an agroecosystem or native or natural ecosystem 
        in the environment or commerce.
            ``(9) Interstate movement.--The term `interstate movement' 
        means movement from any State into or through any other State.
            ``(10) Move.--The term `move' means deposit for 
        transmission in the mails, ship, offer for shipment, offer for 
        entry, import, receive for transportation, carry, or otherwise 
        transport.
            ``(11) Secretary.--The term `Secretary' means the Secretary 
        of Agriculture or a designee of the Secretary.
            ``(12) State.--The term `State' means a State, the District 
        of Columbia, the Commonwealth of Puerto Rico, and a territory 
        or possession of the United States.
            ``(13) United states.--The term `United States', when used 
        in a geographic sense, means all of the States and territories 
        and possessions.

``TITLE I--MOVEMENT OF FEDERAL NOXIOUS WEED INTO OR THROUGH THE UNITED 
                                 STATES

``SEC. 101. MOVEMENT OF FEDERAL NOXIOUS WEED INTO OR THROUGH THE UNITED 
              STATES.

    ``(a) Permit Required.--No person shall knowingly move any Federal 
noxious weed, into or through the United States or interstate, unless 
the movement is--
            ``(1) authorized under a general or specific permit from 
        the Secretary; and
            ``(2) made in accordance with such conditions as the 
        Secretary may prescribe in the permit and in such regulations 
        as the Secretary may issue under section 302 to prevent the 
        dissemination into or within the United States, or interstate, 
        of the Federal noxious weed.
    ``(b) Refusal To Issue Permit.--
            ``(1) In general.--The Secretary may refuse to issue a 
        permit under subsection (a) for the movement of a Federal 
        noxious weed if the Secretary determines that the movement 
        would involve a danger of dissemination of the Federal noxious 
        weed into or within the United States or interstate.
            ``(2) Reason for refusal.--If the Secretary refuses to 
        issue a permit under paragraph (1), the Secretary shall publish 
        the reasons for the refusal in the Federal Register.
    ``(c) Prohibitions.--No person shall knowingly sell, purchase, 
barter, exchange, give, deliver, or receive any Federal noxious weed 
that has been moved in violation of subsection (a).

``SEC. 102. IDENTIFICATION OF FEDERAL NOXIOUS WEEDS.

    ``(a) Federal Noxious Weeds List.--The Secretary shall maintain a 
Federal noxious weed list containing the names of all Federal noxious 
weeds identified by the Secretary under subsection (b).
    ``(b) Inclusion by Regulation.--
            ``(1) Regulation process.--
                    ``(A) In general.--Except as provided in paragraph 
                (2), a plant species may be identified as a Federal 
                noxious weed and included in the Federal noxious weed 
                list only pursuant to a regulation issued by the 
                Secretary.
                    ``(B) Notice and hearing.--The regulation shall be 
                issued only after publication of a notice of the 
                proposed regulation and, when requested by any 
                interested person, a public hearing on the proposed 
                regulation.
                    ``(C) Basis.--The regulation shall--
                            ``(i) be based on the information received 
                        at any such hearing, comments, and other 
                        information available to the Secretary; and
                            ``(ii) require a determination by the 
                        Secretary that--
                                    ``(I) the plant is a foreign 
                                noxious weed (within the meaning of 
                                section 3(7)); and
                                    ``(II) the dissemination of the 
                                weed in the United States may 
                                reasonably be expected to interfere 
                                with natural resources, agriculture, 
                                forestry, or a native ecosystem or the 
                                management of an ecosystem, or cause 
                                injury to public health.
            ``(2) Emergency designation.--
                    ``(A) In general.--In an emergency, the Secretary 
                may temporarily designate a plant species as a Federal 
                noxious weed if the Secretary determines that the plant 
                species meets the definition of a foreign noxious weed.
                    ``(B) Duration.--The temporary designation shall 
                remain in effect until the Secretary initiates and 
                completes the regulation process in accordance with 
                paragraph (1).
                    ``(C) Notice.--The Secretary shall provide notice 
                of the temporary designation to interested parties, 
                including importers, State agencies, and the general 
                public, at the time the emergency is declared.
    ``(c) Additions To and Removals From Noxious Weed List.--
            ``(1) Petition process.--
                    ``(A) In general.--Any interested person may 
                petition the Secretary to add a plant species to, or 
                remove a plant species from, the Federal noxious weed 
                list.
                    ``(B) Determination.--To the maximum extent 
                practicable, not later than 90 days after receiving a 
                petition, the Secretary shall determine whether the 
                petition presents an assessment of potential damage 
                based on scientific information indicating that the 
                plant species involved should be added to or removed 
                from the Federal noxious weed list.
                    ``(C) Publication.--The Secretary shall publish 
                each determination made under this paragraph in the 
                Federal Register.
            ``(2) Review by advisory panel.--If the Secretary 
        determines that a petition presents scientific information 
        described in paragraph (1)(B), the Secretary shall forward the 
        petition to the Advisory Panel for the review and advice of the 
        panel.
            ``(3) Findings.--Not later than 1 year after receiving a 
        petition under paragraph (1) determined to present scientific 
        information described in paragraph (1)(B), and after 
        considering the advice of the Advisory Panel, the Secretary 
        shall make 1 of the following findings:
                    ``(A) The petitioned action is not warranted.
                    ``(B) The petitioned action is warranted, in which 
                case (except as provided in subparagraph (C)) the 
                Secretary shall commence the procedure described in 
                subsection (b)(1) to add the plant species involved to, 
                or remove the plant species from, the Federal noxious 
                weed list.
                    ``(C) The petitioned action is warranted, except 
                that--
                            ``(i) immediate promulgation of a 
                        regulation implementing the petitioned action 
                        is precluded by pending proposals to identify 
                        Federal noxious weeds; and
                            ``(ii) expeditious progress is being made 
                        to add the plant species to the Federal noxious 
                        weed list.
            ``(4) Publication.--The Secretary shall publish a finding 
        made under paragraph (3) in the Federal Register, with a 
        description and evaluation of the reasons and data on which the 
        finding is based.
    ``(d) Classification System and Integrated Management Plan.--
            ``(1) Classification system.--The Secretary shall develop a 
        classification system to describe the status and action levels 
        for foreign noxious weeds and Federal noxious weeds. The 
        classification system shall include, for each foreign noxious 
        weed or Federal noxious weed, the current geographic 
        distribution, relative threat, and actions initiated to prevent 
        introduction or distribution.
            ``(2) Integrated management plan.--The Secretary shall 
        develop an integrated management plan for each foreign noxious 
        weed or Federal noxious weed introduced into the United States 
        for the geographic region or ecological range where the weed is 
        found in the United States. The plan may include the use of a 
        permanent or temporary quarantine established under section 
        103.
            ``(3) Consultation.--The Secretary shall develop the 
        classification system and integrated management plans in 
        consultation with the Advisory Panel.
    ``(e) Noxious Weed Technical Advisory Panel.--
            ``(1) Establishment.--The Secretary shall appoint a Noxious 
        Weed Technical Advisory Panel consisting of 6 individuals to--
                    ``(A) assist the Secretary in--
                            ``(i) the identification of foreign noxious 
                        weeds for inclusion on the Federal noxious weed 
                        list;
                            ``(ii) the development of integrated 
                        management plans; and
                            ``(iii) other matters relating to the 
                        administration of this Act; and
                    ``(B) recommend to the Secretary any foreign 
                noxious weed that should be added to or deleted from 
                the Federal noxious weed list.
            ``(2) Members.--The members of the Advisory Panel shall be 
        appointed by the Secretary from among persons who have 
        professional or working knowledge of agroecosystems or native 
        or natural ecosystems management. In appointing the members, 
        the Secretary shall ensure that there is 1 representative from 
        each of the North Central, Northeastern, Southern, 
        Southwestern, Northwestern, and Western regions of the United 
        States, and that each of the following entities is represented:
                    ``(A) An environmental organization.
                    ``(B) A State agency with weed management 
                responsibility.
                    ``(C) A land grant college or university.
                    ``(D) A weed science society.
                    ``(E) A trade association.
                    ``(F) An ecologist.
            ``(3) Ex officio members.--The Advisory Panel shall also 
        include a representative of each of the following agencies, who 
        shall serve as ex officio members of the Advisory Panel:
                    ``(A) The Animal and Plant Health Inspection 
                Service of the Department.
                    ``(B) The Agricultural Research Service of the 
                Department.
                    ``(C) A Representative of the Federal Interagency 
                Committee for the Management of Noxious and Exotic 
                Weeds.
                    ``(D) A Federal agency with land management 
                responsibilities.
            ``(4) Compensation.--A member of the Advisory Panel who is 
        not a Federal employee shall receive compensation while on 
        official business in the form of reimbursement for travel and 
        per diem expenses, to be paid by the Secretary in accordance 
        with subchapter I of chapter 57 of title 5, United States Code.
            ``(5) Annual report.--The Advisory Panel shall submit to 
        the Secretary, the Committee on Agriculture of the House of 
        Representatives, and the Committee on Agriculture, Nutrition, 
        and Forestry of the Senate an annual report describing the 
        activities of the Advisory Panel during the preceding year.

``SEC. 103. QUARANTINES.

    ``(a) In General.--The Secretary may establish by regulation such 
quarantines as are necessary to prevent the importation or 
introduction, or control the distribution, of a Federal noxious weed.
    ``(b) Temporary Quarantine.--
            ``(1) Authorized.--If the Secretary has reason to believe 
        that an infestation of a foreign noxious weed exists in any 
        State, the Secretary may by order--
                    ``(A) temporarily quarantine the State or a portion 
                of the State; and
                    ``(B) restrict or prohibit the interstate movement 
                from the quarantined area of any products and articles 
                of any character, and means of conveyance, capable of 
                carrying the foreign noxious weed.
            ``(2) Time period of quarantine.--A temporary quarantine 
        ordered under paragraph (1) may not extend for more than 1 year 
        after the date on which the order is issued, unless the order 
        is renewed by the Secretary.
            ``(3) Expedited consideration for listing.--Not later than 
        the end of the 1-year period referred to in paragraph (2), the 
        Secretary shall determine whether or not the foreign noxious 
        weed involved should be added to the Federal noxious weed list 
        established pursuant to section 102(b). The Secretary shall 
        make the determination in consultation with the Advisory Panel.
    ``(c) Prohibition.--It shall be unlawful for any person to move 
interstate or intrastate from a quarantined area any product, article, 
or means of conveyance specified in the regulation or order 
establishing the quarantine, except in accordance with the regulation 
or order.
    ``(d) Relationship of Quarantines to Other Activities.--The 
establishment of a quarantine shall not be required in order for the 
Secretary to regulate the interstate movement, sale, or distribution of 
a foreign noxious weed.

``SEC. 104. MEASURES TO PREVENT DISSEMINATION OF FOREIGN AND FEDERAL 
              NOXIOUS WEEDS.

    ``(a) Emergency Disposal.--
            ``(1) Disposal authority.--Subject to subsection (c), if 
        the Secretary determines that action under this paragraph is 
        necessary as an emergency measure to prevent the dissemination 
        of any foreign noxious weed or Federal noxious weed, the 
        Secretary may seize, quarantine, treat, destroy, or otherwise 
        dispose of any product or article of any character, or means of 
        conveyance, that--
                    ``(A) is moving into or through the United States 
                or interstate, with bond or otherwise; and
                    ``(B) the Secretary has reason to believe is 
                infested by the foreign noxious weed or Federal noxious 
                weed, in violation of this Act or any regulation issued 
                under this Act.
            ``(2) Method of disposal.--Subject to subsection (c), the 
        Secretary may dispose of a product, article, or means of 
        conveyance seized under this subsection in such manner as the 
        Secretary considers appropriate.
    ``(b) Orders Requiring Disposal.--
            ``(1) Disposal orders.--
                    ``(A) In general.--Subject to subsection (c), the 
                Secretary may order the owner (or agent of the owner) 
                of any product, article, or means of conveyance 
                contaminated with a foreign noxious weed or Federal 
                noxious weed subject to disposal under subsection (a) 
                to treat, destroy, or otherwise dispose of the product, 
                article, or means of conveyance of a foreign noxious 
                weed or Federal noxious weed, without cost to the 
                Federal Government and in such manner as the Secretary 
                considers appropriate.
                    ``(B) Enforcement.--The Secretary may apply to the 
                United States District Court or the judicial district 
                in which the owner or agent resides or transacts 
                business or in which the product, article, means of 
                conveyance of a foreign noxious weed or Federal noxious 
                weed is found, for enforcement of the order by 
                injunction.
                    ``(C) Process.--Process in the case may be served 
                in any judicial district in which the defendant resides 
                or transacts business or may be found. A subpoena for a 
                witness who is required to attend a court in any 
                judicial district in such a case may be served in any 
                other judicial district.
    ``(c) Destruction, Export, or Return as the Least Drastic Action.--
No product, article, or means of conveyance shall be destroyed, 
exported, or returned to the shipping point of origin, or ordered to be 
destroyed, exported, or returned to the shipping point of origin under 
this section, unless in the opinion of the Secretary there is no less 
drastic action that would be adequate to prevent the dissemination of a 
foreign noxious weed or Federal noxious weed within the United States 
or interstate.
    ``(d) Civil Action Against United States by Owner.--
            ``(1) In general.--The owner of any product, article, or 
        means of conveyance destroyed or otherwise disposed of by the 
        Secretary under this section may bring an action against the 
        United States in a Federal district court, not later than 1 
        year after the destruction or disposal, to recover just 
        compensation for the destruction or disposal (other than 
        compensation for loss due to delays incident to determining the 
        eligibility of the product, article, or conveyance for movement 
        under this Act), if the owner establishes that the destruction 
        or disposal was not authorized under this Act.
            ``(2) Payment of judgment.--Any judgment rendered in favor 
        of the owner shall be paid out of sums in the Treasury of the 
        United States appropriated for the administration of this Act.

``SEC. 105. SEARCH OF PERSONS, PREMISES, AND GOODS.

    ``(a) Warrantless Searches.--An authorized inspector, if properly 
identified, shall have the authority, without a warrant, to stop any 
person or means of conveyance moving into or through the United States, 
and to inspect any product or article of any character moving into or 
through the United States, if the authorized inspector has probable 
cause to believe that the person or means of conveyance is moving a 
foreign noxious weed or Federal noxious weed regulated under this Act, 
or a product or article containing a foreign noxious weed or Federal 
noxious weed regulated under this Act.
    ``(b) Warrant Searches.--
            ``(1) In general.--An authorized inspector shall have 
        authority, with a warrant, to enter any premises in the United 
        States for purposes of an inspection or other action necessary 
        to carry out this Act.
            ``(2) Issuance of warrants.--A judge of the United States 
        or of a court of record of any State, or a United States 
        magistrate judge, may within the jurisdiction of the judge or 
        magistrate judge, on proper oath or affirmation showing 
        probable cause to believe that there are on certain premises 
        any product, article, or means of conveyance contaminated with 
        a foreign noxious weed or Federal noxious weed plant regulated 
        under this Act, issue a warrant for the entry of the premises 
        for purposes of any inspection or other action necessary to 
        carry out this Act, except as otherwise provided in section 
        107.
            ``(3) Execution of warrants.--The warrant may be executed 
        by any authorized inspector or any United States marshal.

``SEC. 106. PENALTIES.

    ``(a) In General.--Any person who knowingly violates section 101 or 
103, or any regulation issued to carry out section 101 or 103, shall be 
fined not more than $100,000 or imprisoned not more than 1 year, or 
both.
    ``(b) Pecuniary Gain or Loss.--If any person derives pecuniary gain 
from an offense described in subsection (a), or if the offense results 
in pecuniary loss to a person other than the defendant, the defendant 
may be fined not more than an amount that is the greater of twice the 
gross gain or twice the gross loss, unless imposition of a fine under 
this subsection would unduly complicate or prolong the imposition of a 
fine or sentence under subsection (a).

``SEC. 107. COOPERATION WITH OTHER FEDERAL, STATE, AND LOCAL AGENCIES.

    ``(a) Cooperation Authorized.--
            ``(1) In general.--The Secretary shall cooperate with other 
        Federal agencies, agencies of States and political subdivisions 
        of States, agriculture producer associations and similar 
        organizations, and individuals in carrying out operations or 
        measures in the United States to prevent, retard, eradicate, 
        suppress, control, or manage the spread of a foreign noxious 
        weed or Federal noxious weed.
            ``(2) Cooperators.--The Secretary may appoint employees of 
        other Federal agencies, and employees of agencies of any State 
        or political subdivision of the State, to assist in the 
        administration of this Act, pursuant to cooperative agreements 
        with the agencies, if the Secretary determines that the 
        appointments would facilitate administration of this Act.
    ``(b) Conditions on Cooperation.--In performing an operation or 
measure authorized by subsection (a), the cooperating State or other 
governmental agency shall be responsible for the authority necessary to 
carry out the operation or measure on all lands and properties, subject 
to coordination with landowners and land managers within the State or 
other jurisdiction involved.

``SEC. 108. AUTHORIZATION OF APPROPRIATIONS.

    ``(a) In General.--There are authorized to be appropriated such 
sums as are necessary to carry out this title.
    ``(b) Limitation.--Unless specifically authorized in other laws or 
provided for in appropriations, no part of sums made available under 
subsection (a) shall be used to pay the cost or value of property 
disposed of under section 104.

     ``TITLE II--MANAGEMENT OF UNDESIRABLE PLANTS ON FEDERAL LANDS

``SEC. 201. DEFINITIONS.

    ``As used in this title:
            ``(1) Cooperative agreement.--The term `cooperative 
        agreement' means a written agreement between a Federal agency 
        and a State agency entered into pursuant to this title.
            ``(2) Federal agency.--The term `Federal agency' means a 
        department or agency of the Federal Government responsible for 
        administering or managing Federal lands under the jurisdiction 
        of the department, agency, or bureau.
            ``(3) Federal land.--The term `Federal land' means land 
        managed by or under the jurisdiction of the Federal Government.
            ``(4) Integrated management system.--The term `integrated 
        management system' means a system for the planning and 
        implementation of a program, using an interdisciplinary 
        approach, to comprehensively manage an undesirable plant 
        species or group of species using all available methods, 
        including--
                    ``(A) education;
                    ``(B) preventive measures;
                    ``(C) physical or mechanical methods;
                    ``(D) biological agents;
                    ``(E) herbicide methods;
                    ``(F) cultural methods; and
                    ``(G) general land management practices, such as 
                manipulation of livestock or wildlife grazing 
                strategies or improving wildlife or livestock habitat.
            ``(5) Interdisciplinary approach.--The term 
        `interdisciplinary approach' means an approach to making 
        decisions regarding the containment or control of an 
        undesirable plant species or group of species, that--
                    ``(A) includes participation by personnel of 
                Federal or State agencies with experience in areas 
                including weed science, range science, wildlife 
                biology, land management, and forestry; and
                    ``(B) includes consideration of--
                            ``(i) the most efficient and effective 
                        method of containing or controlling the 
                        undesirable plant species over the long term;
                            ``(ii) scientific studies and current 
                        technologies;
                            ``(iii) the physiology and habitat of a 
                        plant species and the associated environment of 
                        the plant species; and
                            ``(iv) the economic, social, ecological, 
                        and human health consequences of carrying out 
                        the approach.
            ``(6) State agency.--The term `State agency' means a State 
        department of agriculture, or other State agency or political 
        subdivision of a State, responsible for the administration or 
        implementation of laws of the State regulating undesirable 
        plants.
            ``(7) Undesirable plant.--The term `undesirable plant' 
        means a plant species that is classified as undesirable, 
        noxious, harmful, exotic, injurious, or poisonous, pursuant to 
        State or Federal law. A species listed as an endangered or 
        threatened species under the Endangered Species Act of 1973 (16 
        U.S.C. 1531 et seq.) shall not be designated as an undesirable 
        plant under this paragraph and the term shall not include a 
        plant indigenous to an area where control measures are to be 
        taken under this title.

``SEC. 202. FEDERAL AGENCY INVOLVEMENT.

    ``(a) Duties of Agencies.--The head of each Federal agency shall--
            ``(1) designate an office and person adequately trained in 
        the management of undesirable plants to develop and coordinate 
        an undesirable plant management program for the control of 
        undesirable plants on Federal land under the jurisdiction of 
        the agency;
            ``(2) establish and adequately fund an undesirable plant 
        management program through the budgetary process of the agency;
            ``(3) complete and carry out cooperative agreements with 
        State agencies regarding the management of undesirable plants 
        on Federal land under the jurisdiction of the agency; and
            ``(4) establish integrated management systems to control or 
        contain undesirable plants targeted under cooperative 
        agreements.
    ``(b) Environmental Impact Statements.--If an environmental 
assessment or environmental impact statement is required under the 
National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) to 
carry out an integrated management system to manage undesirable plants 
under this section, a Federal agency shall complete the assessment or 
statement not later than 1 year after the requirement for the 
assessment or statement is determined.
    ``(c) Cooperative Agreements With State Agencies.--
            ``(1) In general.--A Federal agency shall enter into a 
        cooperative agreement with a State agency to coordinate the 
        management of undesirable plants on Federal land under the 
        jurisdiction of the Federal agency.
            ``(2) Contents of plan.--A cooperative agreement entered 
        into pursuant to paragraph (1) shall--
                    ``(A) prioritize and target undesirable plants or 
                groups of undesirable plants to be controlled or 
                contained within a specific geographic area;
                    ``(B) describe the integrated management system to 
                be used to control or contain the targeted undesirable 
                plants or group of undesirable plants; and
                    ``(C) detail the means of carrying out the 
                integrated management system, define the duties of the 
                Federal agency and the State agency in carrying out the 
                system, and establish a timeframe for the initiation 
                and completion of the tasks specified in the system.
    ``(d) Exception.--A Federal agency shall not be required to carry 
out programs on Federal land under this section unless similar programs 
are being carried out generally on State or private land in the same 
area.
    ``(e) Coordination.--
            ``(1) In general.--The Secretary of Agriculture, Secretary 
        of Defense, Secretary of Energy, Secretary of the Interior, and 
        Secretary of Transportation, acting through the Federal 
        Interagency Committee for the Management of Noxious and Exotic 
        Weeds, shall take such actions as are necessary to coordinate 
        Federal agency programs for control, research, and educational 
        efforts associated with Federal, State, and locally designated 
        noxious weeds.
            ``(2) Duties.--The Federal Interagency Committee for the 
        Management of Noxious and Exotic Weeds, in consultation with 
        the appropriate Assistant Secretaries, shall--
                    ``(A) identify regional priorities for noxious weed 
                control in cooperation with the appropriate States;
                    ``(B) incorporate into technical guides regionally 
                appropriate technical information; and
                    ``(C) disseminate the technical information to 
                interested State, local, and private entities.
            ``(3) Cost share assistance.--The Secretary may provide 
        cost share assistance to State and local agencies to manage 
        noxious weeds in an area if a majority of landowners in the 
        area agree to participate in a noxious weed management program.

``SEC. 203. AUTHORIZATION OF APPROPRIATIONS.

    ``There are authorized to be appropriated to carry out this title 
such sums as are necessary for fiscal years 1995 through 1999.

                    ``TITLE III--GENERAL PROVISIONS

``SEC. 301. EFFECT ON INCONSISTENT STATE AND LOCAL LAWS.

    ``This Act shall not invalidate the law of any State or political 
subdivision of a State relating to foreign noxious weeds or Federal 
noxious weeds, except that a State or political subdivision of a State 
may not permit any action that is prohibited under this Act.

``SEC. 302. REGULATIONS.

    ``The Secretary may issue such regulations as are necessary to 
carry out this Act.''.

SEC. 102. EFFECT OF AMENDMENT ON PREVIOUS LISTING OF NOXIOUS WEEDS.

    (a) Definition of Noxious Weed.--In this section, the term 
``noxious weed'' has the meaning given the term in section 3(c) of the 
Federal Noxious Weed Act of 1974 (7 U.S.C. 2802(c)), as in effect on 
the day before the date of enactment of this Act.
    (b) Inclusion on New Federal List of Noxious Weeds.--Each noxious 
weed identified by the Secretary of Agriculture in a regulation issued 
before the date of enactment of this Act shall be considered to be a 
Federal noxious weed and included on the Federal noxious weed list for 
purposes of the Foreign and Federal Noxious Weed Act (as amended by 
section 101).

                  TITLE II--STATE TERMINAL INSPECTION

SEC. 201. INSPECTION OF ANIMALS AND OTHER ORGANISMS.

    The matter under the heading ``Enforcement of the plant-quarantine 
act:'' under the heading ``MISCELLANEOUS'' of the Act of March 4, 1915 
(commonly known as the ``Terminal Inspection Act'') (38 Stat. 1113, 
chapter 144; 7 U.S.C. 166) is amended--
            (1) in the second paragraph--
                    (A) by striking ``plants and plant products'' each 
                place it appears and inserting ``plants, plant 
                products, animals, and other organisms'';
                    (B) by striking ``plants or plant products'' each 
                place it appears and inserting ``plants, plant 
                products, animals, or other organisms'';
                    (C) by striking ``plant-quarantine law or plant-
                quarantine regulation'' each place it appears and 
                inserting ``plant-quarantine or other law or 
                regulation''; and
                    (D) in the last sentence, by striking ``be 
                forward'' and inserting ``be forwarded''; and
            (2) in the third paragraph, by striking ``plant or plant 
        product'' and inserting ``plant, plant product, animal, or 
        other organism''.

SEC. 202. INSPECTION OF ITEMS ON STATE LISTS.

    The second sentence of the second paragraph of the matter under the 
heading ``Enforcement of the plant-quarantine act:'' under the heading 
``MISCELLANEOUS'' of the Act of March 4, 1915 (commonly known as the 
``Terminal Inspection Act'') (38 Stat. 1113, chapter 144; 7 U.S.C. 166) 
is amended--
            (1) by striking ``Upon his approval of said list, in whole 
        or in part, the Secretary of Agriculture'' and inserting ``On 
        the receipt of the list by the Secretary of Agriculture, the 
        Secretary''; and
            (2) by striking ``said approved lists'' and inserting ``the 
        list''.

SEC. 203. WARRANTS.

    The second paragraph of the matter under the heading ``Enforcement 
of the plant-quarantine act:'' under the heading ``MISCELLANEOUS'' of 
the Act of March 4, 1915 (commonly known as the ``Terminal Inspection 
Act'') (38 Stat. 1113, chapter 144; 7 U.S.C. 166) is amended by 
inserting after the second sentence the following: ``On the request of 
a representative of a State, a Federal agency shall act on behalf of 
the State to obtain a warrant to inspect mail to carry out this 
paragraph.''.
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