[Congressional Bills 108th Congress]
[From the U.S. Government Publishing Office]
[S. 144 Reported in House (RH)]
Union Calendar No. 438
108th CONGRESS
2d Session
S. 144
[Report No. 108-517, Part I]
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
March 5, 2003
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
June 1, 2004
Reported from the Committee on Resources with an amendment
[Strike out all after the enacting clause and insert the part printed
in italic]
June 1, 2004
Referral to the Committee on Agriculture extended for a period ending
not later than July 9, 2004
July 9, 2004
Referral to the Committee on Agriculture extended for a period ending
not later than July 31, 2004
July 31, 2004
Referral to the Committee on Agriculture extended for a period ending
not later than September 7, 2004
September 7, 2004
Referral to the Committee on Agriculture extended for a period ending
not later than September 30, 2004
September 30, 2004
The Committee on Agriculture discharged; committed to the Committee of
the Whole House on the State of the Union and ordered to be printed
[For text of introduced bill, see copy of bill as introduced on March
5, 2003]
_______________________________________________________________________
AN ACT
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,
SEC. 1. SHORT TITLE.
This Act may be cited as the ``Noxious Weed Control Act of 2004''.
SEC. 2. DEFINITIONS.
In this Act:
(1) Noxious weed.--The term ``noxious weed'' has the
meaning given that term in section 403(10) of the Plant
Protection Act (7 U.S.C. 7702(10)).
(2) Secretary.--The term ``Secretary'' means the Secretary
of Agriculture.
(3) 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).
(4) Federal lands.--The term ``Federal lands'' means
Federal lands under the jurisdiction of the Bureau of Land
Management or the Forest Service.
(5) 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 controlling
or eradicating noxious weeds and increasing public
knowledge and education concerning the need to control
or eradicate noxious weeds;
(C) may be multijurisdicational and
multidisciplinary in nature; and
(D) may include Federal and State representatives,
private organizations, individuals, and State-
recognized conservation districts.
SEC. 3. ESTABLISHMENT OF PROGRAM.
The Secretary shall establish a program to provide financial
assistance through States to eligible weed management entities to
control or eradicate noxious weeds. In developing the program, the
Secretary shall consult with the Secretary of the Interior,
representatives from States and Indian tribes that have weed management
entities or that have particular problems with noxious weeds, and
public and private entities with experience in noxious weed management.
SEC. 4. ALLOCATION OF FUNDS TO STATES AND INDIAN TRIBES.
(a) In General.--Under the program established pursuant to section
3, the Secretary may allocate funds to States to provide funding to
weed management entities to carry out projects approved by States to
control or eradicate noxious weeds on the basis of--
(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;
(3) the extent to which the State has made progress in
addressing noxious weed problems; and
(4) such other factors as the Secretary considers relevant.
(b) 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 such a weed
management entity plans to address.
(c) Equal Consideration of Projects.--To the extent made possible
by acceptable applications, the Secretary shall give equal
consideration to projects that address noxious weed problems on lands
under the jurisdiction of the Federal Bureau of Land Management and
projects that address noxious weed problems on lands under the
jurisdiction of the Forest Service.
SEC. 5. ELIGIBILITY AND USE OF FUNDS.
(a) Requirements.--The Secretary shall prescribe requirements for
applications by weed management entities for funding under this Act
(other than section 10). Such requirements shall include--
(1) requirements for auditing of and reporting on the use
of the funds received under this Act by a weed management
entity;
(2) requirements that a weed management entity receiving
funds under this Act (other than section 10) to provide to the
Secretary adequate assurances that the weed management entity--
(A) is capable of carrying out the project;
(B) is capable of monitoring and reporting on the
use of the funds;
(C) is knowledgeable about and experienced in
noxious weed management; and
(D) represents private and public interests
adversely affected by noxious weeds; and
(3) a requirement that the results of the project be made
available to the public.
(b) Eligible Projects.--Projects eligible to be funded under this
Act (other than section 10) are projects relating to the control or
eradication of noxious weeds, including the following:
(1) Education.
(2) Inventories.
(3) Mapping.
(4) Management.
(5) Monitoring.
(6) Payment of the cost of personnel and equipment that
promote control or eradication of noxious weeds.
(7) Other activities to promote such control or
eradication, if the results of the activities are disseminated
to the public.
(c) Project Selection.--The Secretary shall select projects for
funding on a competitive basis considering the following:
(1) The seriousness 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 in the future.
(3) The extent to which the payment will leverage non-
Federal funds to address the noxious weed problem addressed by
the project.
(4) The extent to which the project is likely to provide a
comprehensive approach to the control or eradication of noxious
weeds.
(5) The extent to which the project is likely to reduce the
population of a noxious weed.
(6) The extent to which the project uses sound science.
(7) Such other factors that the Secretary determines
relevant.
(d) Federal Share.--The Federal share of any project funded under
this Act (other than section 10) may not exceed 50 percent--
(1) unless the State meets criteria established by the
Secretary that accommodates situations where a higher
percentage is necessary to meet the needs of an underserved
area or addresses a critical need that can not be met
otherwise; or
(2) the project will be carried out exclusively on Federal
lands.
SEC. 6. TECHNICAL ASSISTANCE.
Field offices of the Bureau of Land Management and the Forest
Service may provide technical assistance, on a reimbursable basis, to
weed management agencies in developing projects and filing applications
for funding of projects under this Act (other than section 10).
SEC. 7. CONDITIONS.
(a) Landowner Consent; Land Under Cultivation.--Any activity
involving real property, either private or public, may be carried out
under this Act (other than section 10) only with the consent of the
landowner and no project may be undertaken on property that is devoted
to the cultivation of row crops, fruits, or vegetables.
(b) Compliance With State Law.--A weed management entity may carry
out a project to address a noxious weed problem in more than 1 State
only if the weed management entity meets the requirements of the State
laws in all States in which the weed management entity will undertake
the project.
(c) Use of Funds.--Funding under this Act (other than section 10)
may not be used to carry out a project--
(1) to control or eradicate animals or pests; or
(2) to protect an agricultural commodity (as defined in
section 102 of the Agricultural Trade Act of 1978 (7 U.S.C.
5602)) other than--
(A) livestock (as defined in section 602 of the
Agricultural Trade Act of 1949 (7 U.S.C. 1471)); or
(B) an animal- or insect-based product.
SEC. 8. RELATIONSHIP TO OTHER PROGRAMS.
Funds under this Act (other than section 10) 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 private lands. The provision of funds to a
weed management entity under this Act (other than section 10) 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 the ``Payments in Lieu of Taxes Act'').
SEC. 9. AUTHORIZATION OF APPROPRIATIONS.
To carry out sections 1 through 8 of this Act, there is authorized
to be appropriated to the Secretary $50,000,000 for each of fiscal
years 2005 through 2009, of which--
(1) 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; and
(2) not more than 10 percent of the funds made available
for a fiscal year may be used by States for administrative
costs.
SEC. 10. RAPID RESPONSE CAPABILITY TO NOXIOUS WEEDS.
(a) Establishment.--At the request of the Governor of a State, the
Secretary may provide financial assistance to weed management entities
through that State to enable a rapid response to outbreaks of noxious
weeds that are at a stage at which rapid eradication or control is
possible and to ensure eradication or immediate control of the noxious
weeds.
(b) Requirements for Assistance.--Assistance may be provided under
this section only if--
(1) there is a demonstrated need for the assistance;
(2) the noxious weed is considered to be an immediate
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.
(c) Amount of Financial Assistance.--The Secretary shall determine
the amount of financial assistance to be provided under this section,
subject to the availability of appropriations.
(d) Cost Share.--The Federal share of the cost of any project
carried out with assistance under this section may be up to 100
percent.
(e) Reporting.--The Secretary shall require that weed management
entities receiving assistance under this section report on activities
carried out with such assistance in the same manner required pursuant
to section 5(a)(1).
Union Calendar No. 438
108th CONGRESS
2d Session
S. 144
[Report No. 108-517, Part I]
_______________________________________________________________________
AN ACT
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.
_______________________________________________________________________
September 30, 2004
The Committee on Agriculture discharged; committed to the Committee of
the Whole House on the State of the Union and ordered to be printed