[Congressional Bills 108th Congress]
[From the U.S. Government Publishing Office]
[S. 144 Enrolled Bill (ENR)]

        S.144

                       One Hundred Eighth Congress

                                 of the

                        United States of America


                          AT THE SECOND SESSION

          Begun and held at the City of Washington on Tuesday,
           the twentieth day of January, two thousand and four


                                 An Act


 
   To require the Secretary of Agriculture to establish a program to 
 provide assistance to eligible weed management entities to control or 
           eradicate noxious 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. NOXIOUS WEED CONTROL AND ERADICATION.
    The Plant Protection Act (7 U.S.C. 7701 et seq.) is amended by 
adding at the end the following new subtitle:

           ``Subtitle E--Noxious Weed Control and Eradication

``SEC. 451. SHORT TITLE.

    ``This subtitle may be cited as the `Noxious Weed Control and 
Eradication Act of 2004'.

``SEC. 452. DEFINITIONS.

    ``In this subtitle:
        ``(1) Indian tribe.--The term `Indian Tribe' has the meaning 
    given that term in section 4 of the Indian Self-Determination and 
    Education Assistance Act (25 U.S.C. 450b).
        ``(2) Weed management entity.--The term `weed management 
    entity' means an entity that--
            ``(A) is recognized by the State in which it is 
        established;
            ``(B) is established for the purpose of or has demonstrable 
        expertise and significant experience in controlling or 
        eradicating noxious weeds and increasing public knowledge and 
        education concerning the need to control or eradicate noxious 
        weeds;
            ``(C) may be multijurisdictional and multidisciplinary in 
        nature;
            ``(D) may include representatives from Federal, State, 
        local, or, where applicable, Indian Tribe governments, private 
        organizations, individuals, and State-recognized conservation 
        districts or State-recognized weed management districts; and
            ``(E) has existing authority to perform land management 
        activities on Federal land if the proposed project or activity 
        is on Federal lands.
        ``(3) Federal lands.--The term `Federal lands' means those 
    lands owned and managed by the United States Forest Service or the 
    Bureau of Land Management.

``SEC. 453. ESTABLISHMENT OF PROGRAM.

    ``(a) In General.--The Secretary shall establish a program to 
provide financial and technical assistance to control or eradicate 
noxious weeds.
    ``(b) Grants.--Subject to the availability of appropriations under 
section 457(a), the Secretary shall make grants under section 454 to 
weed management entities for the control or eradication of noxious 
weeds.
    ``(c) Agreements.--Subject to the availability of appropriations 
under section 457(b), the Secretary shall enter into agreements under 
section 455 with weed management entities to provide financial and 
technical assistance for the control or eradication of noxious weeds.

``SEC. 454. GRANTS TO WEED MANAGEMENT ENTITIES.

    ``(a) Consultation and Consent.--In carrying out a grant under this 
subtitle, the weed management entity and the Secretary shall--
        ``(1) if the activities funded under the grant will take place 
    on Federal land, consult with the heads of the Federal agencies 
    having jurisdiction over the land; or
        ``(2) obtain the written consent of the non-Federal landowner.
    ``(b) Grant Considerations.--In determining the amount of a grant 
to a weed management entity, the Secretary shall consider--
        ``(1) the severity or potential severity of the noxious weed 
    problem;
        ``(2) the extent to which the Federal funds will be used to 
    leverage non-Federal funds to address the noxious weed problem;
        ``(3) the extent to which the weed management entity has made 
    progress in addressing the noxious weeds problem; and
        ``(4) other factors that the Secretary determines to be 
    relevant.
    ``(c) Use of Grant Funds; Cost Shares.--
        ``(1) Use of grants.--A weed management entity that receives a 
    grant under subsection (a) shall use the grant funds to carry out a 
    project authorized by subsection (d) for the control or eradication 
    of a noxious weed.
        ``(2) Cost shares.--
            ``(A) Federal cost share.--The Federal share of the cost of 
        carrying out an authorized project under this section 
        exclusively on non-Federal land shall not exceed 50 percent.
            ``(B) Form of non-federal cost share.--The non-Federal 
        share of the cost of carrying out an authorized project under 
        this section may be provided in cash or in kind.
    ``(d) Authorized Projects.--Projects funded by grants under this 
section include the following:
        ``(1) Education, inventories and mapping, management, 
    monitoring, methods development, and other capacity building 
    activities, including the payment of the cost of personnel and 
    equipment that promote control or eradication of noxious weeds.
        ``(2) Other activities to control or eradicate noxious weeds or 
    promote control or eradication of noxious weeds.
    ``(e) Application.--To be eligible to receive assistance under this 
section, a weed management entity shall prepare and submit to the 
Secretary an application containing such information as the Secretary 
shall by regulation require.
    ``(f) Selection of Projects.--Projects funded under this section 
shall be selected by the Secretary on a competitive basis, taking into 
consideration the following:
        ``(1) The severity of the noxious weed problem or potential 
    problem addressed by the project.
        ``(2) The likelihood that the project will prevent or resolve 
    the problem, or increase knowledge about resolving similar 
    problems.
        ``(3) The extent to which the Federal funds will leverage non-
    Federal funds to address the noxious weed problem addressed by the 
    project.
        ``(4) The extent to which the program will improve the overall 
    capacity of the United States to address noxious weed control and 
    management.
        ``(5) The extent to which the weed management entity has made 
    progress in addressing noxious weed problems.
        ``(6) The extent to which the project will provide a 
    comprehensive approach to the control or eradication of noxious 
    weeds.
        ``(7) The extent to which the project will reduce the total 
    population of noxious weeds.
        ``(8) The extent to which the project promotes cooperation and 
    participation between States that have common interests in 
    controlling and eradicating noxious weeds.
        ``(9) Other factors that the Secretary determines to be 
    relevant.
    ``(g) Regional, State, and Local Involvement.--In determining which 
projects receive funding under this section, the Secretary shall, to 
the maximum extent practicable--
        ``(1) rely on technical and merit reviews provided by regional, 
    State, or local weed management experts; and
        ``(2) give priority to projects that maximize the involvement 
    of State, local and, where applicable, Indian Tribe governments.
    ``(h) Special Consideration.--The Secretary shall give special 
consideration to States with approved weed management entities 
established by Indian Tribes and may provide an additional allocation 
to a State to meet the particular needs and projects that the weed 
management entity plans to address.

``SEC. 455. AGREEMENTS.

    ``(a) Consultation and Consent.--In carrying out an agreement under 
this section, the Secretary shall--
        ``(1) if the activities funded under the agreement will take 
    place on Federal land, consult with the heads of the Federal 
    agencies having jurisdiction over the land; or
        ``(2) obtain the written consent of the non-Federal landowner.
    ``(b) Application of Other Laws.--The Secretary may enter into 
agreements under this section with weed management entities 
notwithstanding sections 6301 through 6309 of title 31, United States 
Code, and other laws relating to the procurement of goods and services 
for the Federal Government.
    ``(c) Eligible Activities.--Activities carried out under an 
agreement under this section may include the following:
        ``(1) Education, inventories and mapping, management, 
    monitoring, methods development, and other capacity building 
    activities, including the payment of the cost of personnel and 
    equipment that promote control or eradication of noxious weeds.
        ``(2) Other activities to control or eradicate noxious weeds.
    ``(d) Selection of Activities.--Activities funded under this 
section shall be selected by the Secretary taking into consideration 
the following:
        ``(1) The severity of the noxious weeds problem or potential 
    problem addressed by the activities.
        ``(2) The likelihood that the activity will prevent or resolve 
    the problem, or increase knowledge about resolving similar 
    problems.
        ``(3) The extent to which the activity will provide a 
    comprehensive approach to the control or eradication of noxious 
    weeds.
        ``(4) The extent to which the program will improve the overall 
    capacity of the United States to address noxious weed control and 
    management.
        ``(5) The extent to which the project promotes cooperation and 
    participation between States that have common interests in 
    controlling and eradicating noxious weeds.
        ``(6) Other factors that the Secretary determines to be 
    relevant.
    ``(e) Regional, State, and Local Involvement.--In determining which 
activities receive funding under this section, the Secretary shall, to 
the maximum extent practicable--
        ``(1) rely on technical and merit reviews provided by regional, 
    State, or local weed management experts; and
        ``(2) give priority to activities that maximize the involvement 
    of State, local, and, where applicable, representatives of Indian 
    Tribe governments.
    ``(f) Rapid Response Program.--At the request of the Governor of a 
State, the Secretary may enter into a cooperative agreement with a weed 
management entity in that State to enable rapid response to outbreaks 
of noxious weeds at a stage which rapid eradication and control is 
possible and to ensure eradication or immediate control of the noxious 
weeds if--
        ``(1) there is a demonstrated need for the assistance;
        ``(2) the noxious weed is considered to be a significant threat 
    to native fish, wildlife, or their habitats, as determined by the 
    Secretary;
        ``(3) the economic impact of delaying action is considered by 
    the Secretary to be substantial; and
        ``(4) the proposed response to such threat--
            ``(A) is technically feasible;
            ``(B) economically responsible; and
            ``(C) minimizes adverse impacts to the structure and 
        function of an ecosystem and adverse effects on nontarget 
        species and ecosystems.

``SEC. 456. RELATIONSHIP TO OTHER PROGRAMS.

    ``Funds under this Act (other than those made available for section 
455(f)) are intended to supplement, not replace, assistance available 
to weed management entities, areas, and districts for control or 
eradication of noxious weeds on Federal lands and non-Federal lands. 
The provision of funds to a weed management entity under this Act 
(other than those made available for section 455(f)) 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.

``SEC. 457. AUTHORIZATION OF APPROPRIATIONS.

    ``(a) Grants.--To carry out section 454, there are authorized to be 
appropriated to the Secretary $7,500,000 for each of fiscal years 2005 
through 2009, of which not more than 5 percent of the funds made 
available for a fiscal year may be used by the Secretary for 
administrative costs.
    ``(b) Agreements.--To carry out section 455 of this subtitle, there 
are authorized to be appropriated to the Secretary $7,500,000 for each 
of fiscal years 2005 through 2009, of which not more than 5 percent of 
the funds made available for a fiscal year may be used by the Secretary 
for administrative costs of Federal agencies.''.

SEC. 2. TECHNICAL AMENDMENT.

    The table of sections in section 1(b) of the Agricultural Risk 
Protection Act of 2000 is amended by inserting after the item relating 
to section 442 the following:

           ``Subtitle E--Noxious Weed Control and Eradication

``Sec. 451. Short title.
``Sec. 452. Definitions.
``Sec. 453. Establishment of program.
``Sec. 454. Grants to weed management entities.
``Sec. 455. Agreements.
``Sec. 456. Relationship to other programs.
``Sec. 457. Authorization of Appropriations.''.

                               Speaker of the House of Representatives.

                            Vice President of the United States and    
                                               President of the Senate.