[Congressional Bills 108th Congress]
[From the U.S. Government Publishing Office]
[S. 144 Reported in Senate (RS)]

                                                        Calendar No. 14
108th CONGRESS
  1st Session
                                 S. 144

                           [Report No. 108-6]

  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 SENATE OF THE UNITED STATES

                            January 13, 2003

Mr. Craig (for himself, Mr. Hagel, Mr. Daschle, Mr. Crapo, Mr. Baucus, 
 Mr. Burns, Mr. Dorgan, Mr. Smith, Mr. Johnson, Mr. Ensign, Mr. Wyden, 
 Ms. Cantwell, and Mr. Akaka) introduced the following bill; which was 
    read twice and referred to the Committee on Energy and Natural 
                               Resources

                           February 11, 2003

              Reported by Mr. Domenici, with an amendment
 [Strike out all after the enacting clause and insert the part printed 
                               in italic]

_______________________________________________________________________

                                 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,

<DELETED>SECTION 1. SHORT TITLE.</DELETED>

<DELETED>    This Act may be cited as the ``Noxious Weed Control Act of 
2003''.</DELETED>

<DELETED>SEC. 2. DEFINITIONS.</DELETED>

<DELETED>    In this Act:</DELETED>
        <DELETED>    (1) Noxious weed.--The term ``noxious weed'' has 
        the meaning given the term in section 403 of the Plant 
        Protection Act (7 U.S.C. 7702).</DELETED>
        <DELETED>    (2) Secretary.--The term ``Secretary'' means the 
        Secretary of the Interior.</DELETED>
        <DELETED>    (3) State.--The term ``State'' means--</DELETED>
                <DELETED>    (A) each of the several States of the 
                United States;</DELETED>
                <DELETED>    (B) the District of Columbia;</DELETED>
                <DELETED>    (C) the Commonwealth of Puerto 
                Rico;</DELETED>
                <DELETED>    (D) Guam;</DELETED>
                <DELETED>    (E) American Samoa;</DELETED>
                <DELETED>    (F) the Commonwealth of the Northern 
                Mariana Islands;</DELETED>
                <DELETED>    (G) the Federated States of 
                Micronesia;</DELETED>
                <DELETED>    (H) the Republic of the Marshall 
                Islands;</DELETED>
                <DELETED>    (I) the Republic of Palau; and</DELETED>
                <DELETED>    (J) the United States Virgin 
                Islands.</DELETED>
        <DELETED>    (4) 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).</DELETED>
        <DELETED>    (5) Weed management entity.--The term ``weed 
        management entity'' means an entity that--</DELETED>
                <DELETED>    (A) is recognized by the State in which it 
                is established;</DELETED>
                <DELETED>    (B) is established for the purpose of 
                controlling or eradicating harmful, invasive weeds and 
                increasing public knowledge and education concerning 
                the need to control or eradicate harmful, invasive 
                weeds; and</DELETED>
                <DELETED>    (C) is multijurisdictional and 
                multidisciplinary in nature.</DELETED>

<DELETED>SEC. 3. ESTABLISHMENT OF PROGRAM.</DELETED>

<DELETED>    (a) In General.--As soon as practicable after the date of 
enactment of this Act, the Secretary shall establish a program to 
provide to eligible weed management entities, through States, financial 
assistance for use in controlling or eradicating noxious 
weeds.</DELETED>
<DELETED>    (b) Consultation.--In carrying out subsection (a), the 
Secretary shall consult with--</DELETED>
        <DELETED>    (1) the National Invasive Species 
        Council;</DELETED>
        <DELETED>    (2) the Invasive Species Advisory 
        Committee;</DELETED>
        <DELETED>    (3) representatives of States and Indian tribes 
        with weed management entities or that have particular problems 
        with noxious weeds; and</DELETED>
        <DELETED>    (4) public and private entities with experience in 
        noxious weed management.</DELETED>

<DELETED>SEC. 4. ALLOCATION OF FUNDS TO STATES AND INDIAN 
              TRIBES.</DELETED>

<DELETED>    (a) In General.--Funds made available to carry out this 
Act shall be allocated by Secretary to each State, for further 
allocation by the State to eligible weed management entities in the 
State for use in carrying out projects approved by the State to control 
or eradicate weeds.</DELETED>
<DELETED>    (b) Basis for Allocation.--The Secretary shall allocate 
funding among States under subsection (a) based on--</DELETED>
        <DELETED>    (1) the severity or potential severity of the 
        noxious weed problem to be addressed by the State;</DELETED>
        <DELETED>    (2) the extent to which the funds will be used to 
        leverage non-Federal funds;</DELETED>
        <DELETED>    (3) the extent to which the State has made 
        progress in addressing noxious weed problems; and</DELETED>
        <DELETED>    (4) such other factors as the Secretary determines 
        to be appropriate.</DELETED>
<DELETED>    (c) Special Consideration.--In allocating funds to States 
under subsection (a), the Secretary--</DELETED>
        <DELETED>    (1) shall provide special consideration for States 
        that have approved weed management entities established by 
        Indian tribes; and</DELETED>
        <DELETED>    (2) may provide an additional allocation to a 
        State to meet the particular needs and projects that such a 
        weed management entity will address.</DELETED>

<DELETED>SEC. 5. ELIGIBILITY AND USE OF FUNDS.</DELETED>

<DELETED>    (a) Requirements.--</DELETED>
        <DELETED>    (1) In general.--The Secretary shall prescribe 
        requirements for applications to be submitted by States seeking 
        allocations under this Act, including--</DELETED>
                <DELETED>    (A) provisions for auditing of and 
                reporting on the use of funds allocated; and</DELETED>
                <DELETED>    (B) criteria to ensure that any weed 
                management entity recognized by a State is--</DELETED>
                        <DELETED>    (i) capable of carrying out a 
                        project (including conducting monitoring and 
                        reporting on the use of funds);</DELETED>
                        <DELETED>    (ii) knowledgeable about and 
                        experienced in noxious weed management; 
                        and</DELETED>
                        <DELETED>    (iii) represents private and 
                        public interests adversely affected by noxious 
                        weeds.</DELETED>
        <DELETED>    (2) Eligible activities.--Funds allocated by a 
        State to an eligible weed management agency under this Act may 
        be used--</DELETED>
                <DELETED>    (A) in an amount not to exceed 8 percent 
                of funds made available by the State for any fiscal 
                year, for applied research to solve locally significant 
                weed management problems and solutions;</DELETED>
                <DELETED>    (B) in an amount not to exceed 25 percent 
                of funds made available by the State for any fiscal 
                year, to make incentive payments to encourage the 
                formation of new weed management entities; 
                and</DELETED>
                <DELETED>    (C) to carry out projects and activities 
                relating to the control or eradication of noxious 
                weeds, including--</DELETED>
                        <DELETED>    (i) education;</DELETED>
                        <DELETED>    (ii) inventorying and 
                        mapping;</DELETED>
                        <DELETED>    (iii) management;</DELETED>
                        <DELETED>    (iv) monitoring; and</DELETED>
                        <DELETED>    (v) any similar activity 
                        (including the payment of the cost of personnel 
                        and equipment that promote the control or 
                        eradication of noxious weeds, and other 
                        activities to promote such control or 
                        eradication) on the condition that the results 
                        of the activity be disseminated to the 
                        public.</DELETED>
<DELETED>    (b) Project Selection.--A State shall select a project 
proposed to be carried out by a weed management entity using funds made 
available under this Act--</DELETED>
        <DELETED>    (1) on a competitive basis; and</DELETED>
        <DELETED>    (2) after taking into consideration--</DELETED>
                <DELETED>    (A) the seriousness of the noxious weed 
                problem or potential problem to be addressed by the 
                project;</DELETED>
                <DELETED>    (B) the likelihood that the project would 
                prevent or resolve the problem, or increase knowledge 
                about resolving similar problems in the 
                future;</DELETED>
                <DELETED>    (C) the extent to which funds made 
                available under this Act would leverage non-Federal 
                funds with respect to the project;</DELETED>
                <DELETED>    (D) the extent to which the weed 
                management entity has made progress in addressing 
                noxious weed problems;</DELETED>
                <DELETED>    (E) the extent to which the project would 
                provide a comprehensive approach to the control or 
                eradication of noxious weeds;</DELETED>
                <DELETED>    (F) the extent to which the project would 
                reduce the total population of a noxious 
                weed;</DELETED>
                <DELETED>    (G) the extent to which the project would 
                use the principles of integrated vegetation management 
                and sound science; and</DELETED>
                <DELETED>    (H) such other factors as the State 
                determines to be appropriate.</DELETED>
<DELETED>    (c) Information and Report.--As a condition of the receipt 
of funds under this Act--</DELETED>
        <DELETED>    (1) each weed management entity that receives 
        funds shall submit to the State in which the weed management 
        entity is located such information as may be requested by the 
        State; and</DELETED>
        <DELETED>    (2) not later than 180 days after the date of 
        completion by a weed management entity of a project for which 
        funds made available under this Act were used, the State in 
        which the weed management entity is located shall submit to the 
        Secretary a report that describes the purposes and results of 
        the project.</DELETED>
<DELETED>    (d) Federal Share.--</DELETED>
        <DELETED>    (1) In general.--Except as provided in paragraph 
        (2), the Federal share of the cost of any project or activity 
        approved by a State or Indian tribe under this Act may not 
        exceed 50 percent.</DELETED>
        <DELETED>    (2) Exception.--Paragraph (1) shall not apply to a 
        noxious weed control or eradication project in any case in 
        which--</DELETED>
                <DELETED>    (A) the Secretary establishes criteria 
                that would apply in any situation in which, with 
                respect to the noxious weed control or eradication 
                project, a Federal share greater than 50 percent is 
                necessary--</DELETED>
                        <DELETED>    (i) to meet the needs of an 
                        underserved area; or</DELETED>
                        <DELETED>    (ii) to address a critical need 
                        that cannot be addressed by other means; 
                        and</DELETED>
                <DELETED>    (B) the project meets those criteria, as 
                demonstrated by the State.</DELETED>

<DELETED>SEC. 6. LIMITATIONS.</DELETED>

<DELETED>    (a) Landowner Consent; Land Under Cultivation.--</DELETED>
        <DELETED>    (1) In general.--Except as provided in paragraph 
        (2), any activity involving public or private real property may 
        be carried out under this Act only with the consent of the 
        landowner.</DELETED>
        <DELETED>    (2) Land under cultivation.--No project may be 
        carried out under this Act on real property that is devoted to 
        the cultivation of row crops, fruits, or vegetables.</DELETED>
<DELETED>    (b) Compliance With State Law.--A weed management entity 
may carry out a project under this Act to address a noxious weed 
problem in more than 1 State only if the weed management entity meets 
the requirements of the laws of each State in which the project is to 
be carried out.</DELETED>
<DELETED>    (c) Use of Funds.--Funds allocated under this Act shall 
not be used to carry out any project--</DELETED>
        <DELETED>    (1) to control or eradicate animals, pests, or 
        submerged or floating noxious aquatic weeds; or</DELETED>
        <DELETED>    (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--</DELETED>
                <DELETED>    (A) livestock (as defined in section 602 
                of the Agricultural Trade Act of 1949 (7 U.S.C. 1471)); 
                or</DELETED>
                <DELETED>    (B) an animal- or insect-based 
                product.</DELETED>

<DELETED>SEC. 7. RELATIONSHIP TO OTHER PROGRAMS.</DELETED>

<DELETED>    (a) Declaration of Policy.--Congress declares that funds 
allocated under this Act are intended to supplement, and not replace, 
assistance made available to weed management entities, areas, and 
districts for control or eradication of harmful, invasive weeds on 
public and private land (including funds available under the Pulling 
Together Initiative of the National Fish and Wildlife 
Foundation).</DELETED>
<DELETED>    (b) No Effect on PILT Payments.--The allocation 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.</DELETED>

<DELETED>SEC. 8. AUTHORIZATION OF APPROPRIATIONS.</DELETED>

<DELETED>    There is authorized to be appropriated to carry out this 
Act $100,000,000 for each of fiscal years 2002 through 2006, of which 
not more than 5 percent may be used by the Secretary to pay 
administrative expenses incurred by the Department of the Interior and 
other Federal agencies in carrying out this Act.</DELETED>

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Noxious Weed Control Act of 2003''.

SEC. 2. DEFINITIONS.

    In this Act:
            (1) Noxious weed.--The term ``noxious weed'' has the same 
        meaning as in the Plant Protection Act (7 U.S.C. 7702(10)).
            (2) Secretary.--The term ``Secretary'' means the Secretary 
        of the Interior.
            (3) 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 Island, and any other 
        possession of the United States.
            (4) 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).
            (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 by and includes local 
                stakeholders, including Indian tribes;
                    (C) is established for the purpose of controlling 
                or eradicating harmful, invasive weeds and increasing 
                public knowledge and education concerning the need to 
                control or eradicate harmful, invasive weeds; and
                    (D) is multijurisdicational and multidisciplinary 
                in nature.

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 weeds. In developing the program, the Secretary 
shall consult with the National Invasive Species Council, the Invasive 
Species Advisory Committee, representatives from States and Indian 
tribes with 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.

    The Secretary shall 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 the severity or 
potential severity of the noxious weed problem, the extent to which the 
Federal funds will be used to leverage non-Federal funds, the extent to 
which the State has made progress in addressing noxious weed problems, 
and such other factors as the Secretary deems relevant. The Secretary 
shall provide special consideration for 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 will address.

SEC. 5. ELIGIBILITY AND USE OF FUNDS.

    (a) Requirements.--The Secretary shall prescribe requirements for 
applications by States for funding, including provisions for auditing 
of and reporting on the use of the funds and criteria to ensure that 
weed management entities recognized by States are capable of carrying 
out projects, monitoring and reporting on the use of funds, and are 
knowledgeable about and experienced in noxious weed management and 
represent private and public interests adversely affected by noxious 
weeds. Eligible activities for funding shall include--
            (1) applied research to solve locally significant weed 
        management problems and solutions, except that such research 
        may not exceed 8 percent of the available funds in any year;
            (2) incentive payments to encourage the formation of new 
        weed management entities, except that such payments may not 
        exceed 25 percent of the available funds in any year; and
            (3) projects relating to the control or eradication or 
        noxious weeds, including education, inventories and mapping, 
        management, monitoring, and similar activities, including the 
        payment of the cost of personnel and equipment that promote 
        such control or eradication, and other activities to promote 
        such control or eradication, if the results of the activities 
        are disseminated to the public.
    (b) Project Selection.--A State shall select projects for funding 
to a weed management entity on a competitive basis considering--
            (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 weed management entity has made 
        progress in addressing noxious weed problems;
            (5) the extent to which the project will provide a 
        comprehensive approach to the control or eradication of noxious 
        weeds;
            (6) the extent to which the project will reduce the total 
        population of a noxious weed;
            (7) the extent to which the project uses the principles of 
        integrated vegetation management and sound science; and
            (8) such other factors that the State determines to be 
        relevant.
    (c) Information and Report.--As a condition of the receipt of 
funding, States shall require such information from grant recipients as 
necessary and shall submit to the Secretary a report that describes the 
purposes and results of each project for which the payment or award was 
used, by not later than 6 months after completion of the projects.
    (d) Federal Share.--The Federal share of any project or activity 
approved by a State or Indian tribe under this Act may not exceed 50 
percent 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.

SEC. 6. LIMITATIONS.

    (A) Landowner Consent; Land Under Cultivation.--Any activity 
involving real property, either private or public, may be carried out 
under this Act 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 the noxious weed problem in more than one 
State only if the entity meets the requirements of the State laws in 
all States in which the entity will undertake the project.
    (c) Use of Funds.--Funding under this Act may not be used to carry 
out a project--
            (1) to control or eradicate animals, pests, or submerged or 
        floating noxious aquatic weeds; 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. 7. RELATIONSHIP TO OTHER PROGRAMS.

    Assistance authorized under this Act is intended to supplement, and 
not replace, assistance available to weed management entities, areas, 
and districts for control or eradication of harmful, invasive weeds on 
public lands and private lands, including funding available under the 
``Pulling Together Initiative'' of the National Fish and Wildlife 
Foundation, and 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 the Payments in Lieu of Taxes Act).

SEC. 8. AUTHORIZATION OF APPROPRIATIONS.

    To carry out this Act there is authorized to be appropriated to the 
Secretary $100,000,000 for each of fiscal years 2003 through 2007, 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.
                                                        Calendar No. 14

108th CONGRESS

  1st Session

                                 S. 144

                           [Report No. 108-6]

_______________________________________________________________________

                                 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.

_______________________________________________________________________

                           February 11, 2003

                       Reported with an amendment