[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.