[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