[Congressional Bills 107th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1462 Introduced in House (IH)]
107th CONGRESS
1st Session
H. R. 1462
To require the Secretary of the Interior to establish a program to
provide assistance through States to eligible weed management entities
to control or eradicate harmful, nonnative weeds on public and private
land.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
April 4, 2001
Mr. Hefley (for himself, Mr. Otter, Mr. Cannon, and Mr. Kennedy of
Rhode Island) introduced the following bill; which was referred to the
Committee on Resources, and in addition to the Committee on
Agriculture, for a period to be subsequently determined by the Speaker,
in each case for consideration of such provisions as fall within the
jurisdiction of the committee concerned
_______________________________________________________________________
A BILL
To require the Secretary of the Interior to establish a program to
provide assistance through States to eligible weed management entities
to control or eradicate harmful, nonnative weeds on public and private
land.
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 ``Harmful Nonnative Weed Control Act
of 2001''.
SEC. 2. FINDINGS AND PURPOSES.
(a) Findings.--Congress finds that--
(1) public and private land in the United States faces
unprecedented and severe stress from harmful, nonnative weeds;
(2) the economic and resource value of the land is being
destroyed as harmful nonnative weeds overtake native
vegetation, making the land unusable for forage and for diverse
plant and animal communities;
(3) damage caused by harmful nonnative weeds has been
estimated to run in the hundreds of millions of dollars
annually;
(4) successfully fighting this scourge will require
coordinated action by all affected stakeholders, which may
include Federal, State, and local governments, private
landowners, and nongovernmental organizations;
(5) the fight must begin at the local level, since it is at
the local level that persons feel the loss caused by harmful
nonnative weeds and will therefore have the greatest motivation
to take effective action; and
(6) to date, effective action has been hampered by
inadequate funding at all levels of government and by
inadequate coordination.
(b) Purposes.--The purposes of this Act are--
(1) to provide assistance to eligible weed management
entities in carrying out projects to control or eradicate
harmful, nonnative weeds on public and private land;
(2) to coordinate the projects with existing weed
management areas and districts;
(3) in locations in which no weed management entity, area,
or district exists, to stimulate the formation of additional
local or regional cooperative weed management entities, such as
entities for weed management areas or districts, that organize
locally affected stakeholders to control or eradicate weeds;
(4) to leverage additional funds from a variety of public
and private sources to control or eradicate weeds through local
stakeholders; and
(5) to promote healthy, diverse, and desirable plant
communities by abating through a variety of measures the threat
posed by harmful, nonnative weeds.
SEC. 3. DEFINITIONS.
In this Act:
(1) Advisory committee.--The term ``Advisory Committee''
means the advisory committee established under section 5.
(2) Agricultural commodity.--
(A) In general.--The term ``agricultural
commodity'' has the meaning given the term in section
102 of the Agricultural Trade Act of 1978 (7 U.S.C.
5602).
(B) Exclusions.--The term ``agricultural
commodity'' does not include--
(i) livestock (as defined in section 602 of
the Agricultural Act of 1949 (7 U.S.C. 1471));
(ii) insects; or
(iii) any animal- or insect-based product.
(3) Indian tribe.--The term `Indian tribe' has the meaning
given the term in section 4 of the Indian Self-Determination
and Education Assistance Act (25 U.S.C. 450b).
(4) Local stakeholder.--
(A) In general.--The term ``local stakeholder''
means an interested party that participates in the
establishment of a weed management entity in a State.
(B) Inclusions.--The term ``local stakeholder''
includes a Federal, State, local, or private landowner.
(5) Secretary.--The term ``Secretary'' means the Secretary
of the Interior.
(6) State.--The term ``State'' means each of the several
States of the United States, the District of Columbia, the
Commonwealth of Puerto Rico, the Virgin Islands, Guam, the
Commonwealth of the Northern Mariana Islands, and any other
territory or possession of the United States.
SEC. 4. ESTABLISHMENT OF PROGRAM.
The Secretary shall establish in the Office of the Secretary a
program to provide financial assistance through States to eligible weed
management entities to control or eradicate harmful, nonnative weeds on
public and private land.
SEC. 5. ADVISORY COMMITTEE.
(a) In General.--The Secretary shall establish in the Department of
the Interior an advisory committee to make recommendations to the
Secretary regarding--
(1) the annual allocation of funds to States and Indian
tribes under section 6; and
(2) other issues related to funding under this Act.
(b) Composition.--The Advisory Committee shall be composed of not
more than 10 individuals appointed by the Secretary who--
(1) have knowledge and experience in harmful, nonnative
weed management; and
(2) represent the range of economic, conservation,
geographic, and social interests affected by harmful, nonnative
weeds.
(c) Term.--The term of a member of the Advisory Committee shall be
4 years.
(d) Compensation.--
(1) In general.--A member of the Advisory Committee shall
receive no compensation for the service of the member on the
Advisory Committee.
(2) Travel expenses.--A member of the Advisory Committee
shall be allowed travel expenses, including per diem in lieu of
subsistence, at rates authorized for an employee of an agency
under subchapter I of chapter 57 of title 5, United States
Code, while away from the home or regular place of business of
the member in the performance of the duties of the Advisory
Committee.
(e) Federal Advisory Committee Act.--The Federal Advisory Committee
Act (5 U.S.C. App.) shall not apply to the Advisory Committee.
SEC. 6. ALLOCATION OF FUNDS TO STATES AND INDIAN TRIBES.
(a) Allocation.--
(1) In general.--Subject to paragraph (2), in consultation
with the Advisory Committee, the Secretary shall allocate funds
made available for each fiscal year under section 11 to States
and Indian tribes to provide funding in accordance with
sections 7 and 8 to eligible weed management entities to carry
out projects approved by States and Indian tribes to control or
eradicate harmful, nonnative weeds on public and private land.
(2) Allocation to indian tribes.--Of the funds made
available for allocation under section 11 for each fiscal year,
5 percent shall be--
(A) reserved for allocation to Indian tribes; and
(B) administered by the Advisory Committee.
(b) Amount.--The Secretary shall determine the amount of Federal
funds allocated to a State or Indian tribe for a fiscal year under this
section to be used to address a harmful, nonnative weed problem in the
State or portion of the State, or on land under the jurisdiction of the
Indian tribe, on the basis of--
(1) the severity of the harmful, nonnative weed problem;
(2) the extent to which the Federal funds will be used to
leverage non-Federal funds to address the harmful, nonnative
weed problem;
(3) the extent to which the State or Indian tribe has made
progress in addressing harmful, nonnative weed problem; and
(4) other factors recommended by the Advisory Committee and
approved by the Secretary.
SEC. 7. USE OF FUNDS ALLOCATED TO STATES.
(a) In General.--A State that receives an allocation of funds under
section 6 for a fiscal year shall use--
(1) not more than 25 percent of the allocation to make an
incentive payment to each weed management entity in accordance
with subsection (b); and
(2) not less than 75 percent of the allocation to make
financial awards to weed management entities in accordance with
subsection (c).
(b) Incentive Payments.--
(1) Use by weed management entities.--
(A) In general.--Incentive payments under
subsection (a)(1) shall be used by weed management
entities--
(i) to encourage the formation of new weed
management entities; or
(ii) to carry out 1 or more projects
described in subsection (d) to improve the
effectiveness of weed management entities that
are least effective in controlling or
eradicating harmful, nonnative weeds on public
and private land.
(B) Duration of payments.--A weed management entity
may be eligible to receive an incentive payment under
subparagraph (A) for not more than 5 years in the
aggregate.
(C) Federal share.--
(i) In general.--Except as provided in
clause (ii), under subparagraph (A), the
Federal share of the cost of carrying out a
project described in subsection (d) shall not
exceed 50 percent.
(ii) Adjustment.--The Governor of a State
that makes incentive payments under subsection
(a)(1) may increase, to a maximum of 100
percent, the Federal share of the cost of
carrying out a project described in subsection
(d) that the Governor determines is necessary
to meet the needs of an underserved area.
(iii) Form of matching funds.--Under
subparagraph (A), the non-Federal share of the
cost of carrying out a project described in
subsection (d) may be provided--
(I) in cash or in kind; or
(II) in the form of Federal funds
made available under a Federal law
other than this Act.
(2) Eligibility of weed management entities.--To be
eligible to obtain an incentive payment under paragraph (1) for
a fiscal year, a weed management entity in a State shall--
(A) be recognized by the State;
(B) be established by local stakeholders--
(i) to control or eradicate harmful,
nonnative weeds on public or private land; or
(ii) to increase public knowledge and
education concerning the need to control or
eradicate harmful, nonnative weeds on public or
private land;
(C)(i) for the first fiscal year for which the
entity receives an incentive payment, provide to the
State a description of--
(I) the purposes for which the entity was
established; and
(II) any projects carried out to accomplish
those purposes; and
(ii) for any subsequent fiscal year for which the
entity receives an incentive payment, provide to the
State--
(I) a description of the activities carried
out by the entity in the previous fiscal year--
(aa) to control or eradicate
harmful, nonnative weeds on public or
private land; or
(bb) to increase public knowledge
and education concerning the need to
control or eradicate harmful, nonnative
weeds on public or private land; and
(II) the results of each such activity; and
(D) meet such additional eligibility requirements,
and conform to such process for determining
eligibility, as the State may establish.
(c) Financial Awards.--
(1) Use by weed management entities.--
(A) In general.--Financial awards under subsection
(a)(2) shall be used by weed management entities to pay
the Federal share of the cost of carrying out projects
described in subsection (d) that are selected by the
State in accordance with subsection (d).
(B) Federal share.--
(i) In general.--Under subparagraph (A),
the Federal share of the cost of carrying out a
project described in subsection (d) shall not
exceed 50 percent.
(ii) Form of matching funds.--Under
subparagraph (A), the non-Federal share of the
cost of carrying out a project described in
subsection (d) may be provided--
(I) in cash or in kind; or
(II) in the form of Federal funds
made available under a Federal law
other than this Act.
(2) Eligibility of weed management entities.--To be
eligible to obtain a financial award under paragraph (1) for a
fiscal year, a weed management entity in a State shall--
(A) meet the requirements for eligibility for an
incentive payment under subsection (b)(2); and
(B) submit to the State a description of the
project for which the financial award is sought.
(d) Projects.--
(1) In general.--An eligible weed management entity may use
a financial award received under this section to carry out a
project relating to the control or eradication of harmful,
nonnative weeds on public or private land, including--
(A) education, inventories and mapping, management,
monitoring, and similar activities, including the
payment of the cost of personnel and equipment; and
(B) other activities, the results of which are
disseminated to the public.
(2) Selection of projects.--A State shall select projects
for funding under this section on a competitive basis, taking
into consideration (with equal consideration given to economic
and natural values)--
(A) the seriousness of the harmful, nonnative weed
problem or potential problem addressed by the project;
(B) the likelihood that the project will prevent or
resolve the problem, or increase knowledge about
resolving similar problems in the future;
(C) the extent to which the payment will leverage
non-Federal funds to address the harmful, nonnative
weed problem addressed by the project;
(D) the extent to which the entity has made
progress in addressing harmful, nonnative weed
problems;
(E) the extent to which the project will provide a
comprehensive approach to the control or eradication of
harmful, nonnative weeds;
(F) the extent to which the project will reduce the
total population of a harmful, nonnative weed within
the State;
(G) the extent to which the project uses the
principles of integrated vegetation management; and
(H) other factors that the State determines to be
relevant.
(3) Scope of projects.--
(A) In general.--A weed management entity shall
determine the geographic scope of the harmful,
nonnative weed problem to be addressed through a
project using an incentive payment or financial award
received under this section.
(B) Multiple states.--A weed management entity
shall not use any incentive payment or financial award
to carry out a project to address the harmful,
nonnative weed problem in more than 1 State.
(4) Land.--A weed management entity may use an incentive
payment or financial award received under this section to carry
out a project to control or eradicate weeds on any public or
private land with the approval of the owner of the land, other
than land that is used for production of an agricultural
commodity.
(5) Prohibition on projects to control aquatic noxious
weeds or animal pests.--An incentive payment or financial award
under this section may not be used to carry out a project to
control or eradicate submerged or floating aquatic noxious
weeds or animal pests.
(e) Administrative Costs.--Not more than 5 percent of the funds
made available under section 11 for a fiscal year may be used by the
States or the Federal Government to pay the administrative costs of the
program established by this Act, including the costs of complying with
Federal environmental laws.
(f) Report.--As a condition of the receipt of an incentive payment
or financial award under this Act, not later than October 30 of each
year, a weed management entity in a State that received such a payment
or award in the preceding fiscal year shall submit to the Advisory
Committee a report that describes, for that preceding fiscal year, the
purposes for which the payment or award was used.
SEC. 8. USE OF FUNDS ALLOCATED TO INDIAN TRIBES.
(a) In General.--The requirements for the use of funds allocated to
States described in section 7 shall apply to the use of funds allocated
to Indian tribes under section 6(a)(2).
(b) Insufficient or Excess Funds.--
(1) Insufficient funds.--If, in any fiscal year, the funds
allocated to Indian tribes under section 6(a)(2) are not
sufficient to provide incentive payments or financial awards to
each weed management entity of an Indian tribe, an Indian tribe
may seek additional funds by participating as a local
stakeholder in the establishment of a weed management entity
that receives assistance under section 7.
(2) Excess funds.--Any excess funds remaining after the
provision of incentive payments or financial awards to weed
management entities of Indian tribes shall be reserved by the
Advisory Committee for use in carrying out this Act in the
following fiscal year.
(c) Report.--As a condition of the receipt of an incentive payment
or financial award under this Act, not later than October 30 of each
year, a weed management entity of an Indian tribe that received such a
payment or award in the preceding fiscal year shall submit to the
Advisory Committee a report that describes, for that preceding fiscal
year, the purposes for which the payment or award was used.
SEC. 9. LAND-RELATED CONDITIONS.
(a) Consent of Landowner.--Any activity involving real property may
be carried out under this Act only with the consent of the landowner.
(b) No Effect on PILT Payments.--The provision of funds to any
entity under this Act shall have no effect on the amount of any payment
received by a county from the Federal Government under chapter 69 of
title 31, United States Code (commonly known as ``payments in lieu of
taxes'').
SEC. 10. APPLICABILITY OF OTHER LAWS.
Any activity carried out under this Act shall comply with all other
Federal laws (including regulations), including the Endangered Species
Act of 1973 (16 U.S.C. 1531 et seq.).
<all>