[Congressional Bills 108th Congress]
[From the U.S. Government Publishing Office]
[S. 1516 Reported in Senate (RS)]

                                                       Calendar No. 445
108th CONGRESS
  2d Session
                                S. 1516

                          [Report No. 108-235]

 To further the purposes of the Reclamation Projects Authorization and 
  Adjustment Act of 1992 by directing the Secretary of the Interior, 
    acting through the Commissioner of Reclamation, to carry out an 
 assessment and demonstration program to assess potential increases in 
 water availability for Bureau of Reclamation projects and other uses 
            through control of salt cedar and Russian olive.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                July 31 (legislative day, July 21), 2003

Mr. Domenici (for himself, Mr. Campbell, Mr. Bingaman, Mr. Baucus, Mr. 
 Burns, and Mr. Allard) introduced the following bill; which was read 
  twice and referred to the Committee on Energy and Natural Resources

                             March 9, 2004

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

_______________________________________________________________________

                                 A BILL


 
 To further the purposes of the Reclamation Projects Authorization and 
  Adjustment Act of 1992 by directing the Secretary of the Interior, 
    acting through the Commissioner of Reclamation, to carry out an 
 assessment and demonstration program to assess potential increases in 
 water availability for Bureau of Reclamation projects and other uses 
            through control of salt cedar and Russian olive.

    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 ``Salt Cedar Control 
Demonstration Act''.</DELETED>

<DELETED>SEC. 2. FINDINGS.</DELETED>

<DELETED>    Congress finds that--</DELETED>
        <DELETED>    (1) the western United States is currently 
        experiencing its worst drought in modern history;</DELETED>
        <DELETED>    (2) it is estimated that throughout the western 
        United States salt cedar and Russian olive--</DELETED>
                <DELETED>    (A) occupy between 1,000,000 and 1,500,000 
                acres of land; and</DELETED>
                <DELETED>    (B) are non-beneficial users of 2,000,000 
                to 4,500,000 acre-feet of water per year;</DELETED>
        <DELETED>    (3) the quantity of non-beneficial use of water by 
        salt cedar and Russian olive is greater than the quantity that 
        valuable native vegetation would use;</DELETED>
        <DELETED>    (4) much of the salt cedar and Russian olive 
        infestation is located on Bureau of Land Management land or 
        other land of the Department of the Interior; and</DELETED>
        <DELETED>    (5) as drought conditions and legal requirements 
        relating to water supply accelerate water shortages, innovative 
        approaches are needed to address the increasing demand for a 
        diminishing water supply.</DELETED>

<DELETED>SEC. 3. SALT CEDAR AND RUSSIAN OLIVE ASSESSMENT AND 
              DEMONSTRATION PROGRAM.</DELETED>

<DELETED>    (a) Establishment.--In furtherance of the purposes of the 
Reclamation Projects Authorization and Adjustment Act of 1992 (106 
Stat. 4600), the Secretary of the Interior, acting through the 
Commissioner of Reclamation (referred to in this Act as the 
``Secretary''), shall carry out a salt cedar and Russian olive 
assessment and demonstration program to--</DELETED>
        <DELETED>    (1) assess the extent of the infestation of salt 
        cedar and Russian olive in the western United States; 
        and</DELETED>
        <DELETED>    (2) develop strategic solutions for long-term 
        management of salt cedar and Russian olive.</DELETED>
<DELETED>    (b) Assessment.--Not later than 1 year after the date on 
which funds are made available to carry out this Act, the Secretary 
shall complete an assessment of the extent of salt cedar and Russian 
olive infestation in the western United States. The assessment shall--
</DELETED>
        <DELETED>    (1) consider past and ongoing research on tested 
        and innovative methods to control salt cedar and Russian 
        olive;</DELETED>
        <DELETED>    (2) consider the feasibility of reducing water 
        consumption;</DELETED>
        <DELETED>    (3) consider methods of and challenges associated 
        with the restoration of infested land;</DELETED>
        <DELETED>    (4) estimate the costs of destruction of salt 
        cedar and Russian olive, biomass removal, and restoration and 
        maintenance of the infested land; and</DELETED>
        <DELETED>    (5) identify long-term management and funding 
        strategies that could be implemented by Federal, State, and 
        private land managers.</DELETED>
<DELETED>    (c) Demonstration Projects.--The Secretary shall carry out 
not less than 5 projects to demonstrate and evaluate the most effective 
methods of controlling salt ceder and Russian olive. Projects carried 
out under this subsection shall--</DELETED>
        <DELETED>    (1) monitor and document any water savings from 
        the control of salt cedar and Russian olive;</DELETED>
        <DELETED>    (2) identify the quantity of, and rates at which, 
        any water savings under paragraph (1) return to surface water 
        supplies;</DELETED>
        <DELETED>    (3) assess the best approach to and tools for 
        implementing available control methods;</DELETED>
        <DELETED>    (4) assess all costs and benefits associated with 
        control methods and the restoration and maintenance of 
        land;</DELETED>
        <DELETED>    (5) determine conditions under which removal of 
        biomass is appropriate and the optimal methods for its disposal 
        or use;</DELETED>
        <DELETED>    (6) define appropriate final vegetative states and 
        optimal revegetation methods; and</DELETED>
        <DELETED>    (7) identify methods for preventing the regrowth 
        and reintroduction of salt cedar and Russian olive.</DELETED>
<DELETED>    (d) Control Methods.--The demonstration projects carried 
out under subsection (c) may implement 1 or more control method per 
project, but to assess the full range of control mechanisms--</DELETED>
        <DELETED>    (1) at least 1 project shall use airborne 
        application of herbicides;</DELETED>
        <DELETED>    (2) at least 1 project shall use mechanical 
        removal; and</DELETED>
        <DELETED>    (3) at least 1 project shall use biocontrol 
        methods such as goats or insects.</DELETED>
<DELETED>    (e) Implementation.--A demonstration project shall be 
carried out during a time period and to a scale designed to meet the 
requirements of subsection (c).</DELETED>
<DELETED>    (f) Costs.--</DELETED>
        <DELETED>    (1) In general.--Each demonstration project under 
        subsection (c) shall be carried out at a cost of not more than 
        $7,000,000, including costs of planning, design, 
        implementation, maintenance, and monitoring.</DELETED>
        <DELETED>    (2) Cost-sharing.--</DELETED>
                <DELETED>    (A) Federal share.--The Federal share of 
                the costs of a demonstration project shall not exceed 
                75 percent.</DELETED>
                <DELETED>    (B) Form of non-federal share.--The non-
                Federal share of the costs of a demonstration project 
                may be provided in the form of in-kind contributions, 
                including services provided by a State 
                agency.</DELETED>
<DELETED>    (g) Cooperation.--In carrying out the program, the 
Secretary shall--</DELETED>
        <DELETED>    (1) use the expertise of Federal agencies, 
        national laboratories, Indian tribes, institutions of higher 
        education, State agencies, and soil and water conservation 
        districts that are actively conducting research on or 
        implementing salt cedar and Russian olive control activities; 
        and</DELETED>
        <DELETED>    (2) cooperate with other Federal agencies and 
        affected States, local units of government, and Indian 
        tribes.</DELETED>

<DELETED>SEC. 4. AUTHORIZATION OF APPROPRIATIONS.</DELETED>

<DELETED>    There are authorized to be appropriated to carry out this 
Act--</DELETED>
        <DELETED>    (1) $50,000,000 for fiscal year 2004; 
        and</DELETED>
        <DELETED>    (2) such sums as are necessary for each fiscal 
        year thereafter.</DELETED>

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Salt Cedar and Russian Olive Control 
Demonstration Act''.

SEC. 2. SALT CEDAR AND RUSSIAN OLIVE CONTROL DEMONSTRATION PROGRAM.

    (a) Establishment.--The Secretary of the Interior (referred to in 
this Act as the ``Secretary''), acting through the Commissioner of 
Reclamation and in cooperation with the Secretary of Agriculture and 
the Secretary of Defense, shall carry out a salt cedar (Tamarix spp) 
and Russian olive (Elaeagnus angustifolia) assessment and demonstration 
program--
            (1) to assess the extent of the infestation by salt cedar 
        and Russian olive trees in the western United States;
            (2) to demonstrate strategic solutions for--
                    (A) the long-term management of salt cedar and 
                Russian olive trees; and
                    (B) the reestablishment of native vegetation; and
            (3) to assess economic means to dispose of biomass created 
        as a result of removal of salt cedar and Russian olive trees.
    (b) Assessment.--
            (1) In general.--Not later than 1 year after the date on 
        which funds are made available to carry out this Act, the 
        Secretary shall complete an assessment of the extent of salt 
        cedar and Russian olive infestation on public and private land 
        in the western United States.
            (2) Requirements.--In addition to describing the acreage of 
        and severity of infestation by salt cedar and Russian olive 
        trees in the western United States, the assessment shall--
                    (A) consider existing research on methods to 
                control salt cedar and Russian olive trees;
                    (B) consider the feasibility of reducing water 
                consumption by salt cedar and Russian olive trees;
                    (C) consider methods of and challenges associated 
                with the revegetation or restoration of infested land; 
                and
                    (D) estimate the costs of destruction of salt cedar 
                and Russian olive trees, related biomass removal, and 
                revegetation or restoration and maintenance of the 
                infested land.
    (c) Long-Term Management Strategies.--
            (1) In general.--The Secretary shall identify and document 
        long-term management and funding strategies that--
                    (A) could be implemented by Federal, State, and 
                private land managers in addressing infestation by salt 
                cedar and Russian olive trees; and
                    (B) should be tested as components of demonstration 
                projects under subsection (d).
            (2) Grants.--The Secretary shall provide grants to 
        institutions of higher education to develop public policy 
        expertise in, and assist in developing a long-term strategy to 
        address, infestation by salt cedar and Russian olive trees.
    (d) Demonstration Projects.--
            (1) In general.--Not later than 180 days after the date on 
        which funds are made available to carry out this Act, the 
        Secretary shall establish a program that selects and funds not 
        less than 5 projects proposed by and implemented in 
        collaboration with Federal agencies, units of State and local 
        government, national laboratories, Indian tribes, institutions 
        of higher education, individuals, organizations, or soil and 
        water conservation districts to demonstrate and evaluate the 
        most effective methods of controlling salt cedar and Russian 
        olive trees.
            (2) Project requirements.--The demonstration projects under 
        paragraph (1) shall--
                    (A) be carried out over a time period and to a 
                scale designed to fully assess long-term management 
                strategies;
                    (B) implement salt cedar or Russian olive tree 
                control using 1 or more methods for each project in 
                order to assess the full range of control methods, 
                including--
                            (i) airborne application of herbicides;
                            (ii) mechanical removal; and
                            (iii) biocontrol methods, such as the use 
                        of goats or insects;
                    (C) individually or in conjunction with other 
                demonstration projects, assess the effects of and 
                obstacles to combining multiple control methods and 
                determine optimal combinations of control methods;
                    (D) assess soil conditions resulting from salt 
                cedar and Russian olive tree infestation and means to 
                revitalize soils;
                    (E) define and implement appropriate final 
                vegetative states and optimal revegetation methods, 
                with preference for self-maintaining vegetative states 
                and native vegetation, and taking into consideration 
                downstream impacts, wildfire potential, and water 
                savings;
                    (F) identify methods for preventing the regrowth 
                and reintroduction of salt cedar and Russian olive 
                trees;
                    (G) monitor and document any water savings from the 
                control of salt cedar and Russian olive trees, 
                including impacts to both groundwater and surface 
                water;
                    (H) assess wildfire activity and management 
                strategies;
                    (I) assess changes in wildlife habitat;
                    (J) determine conditions under which removal of 
                biomass is appropriate (including optimal methods for 
                the disposal or use of biomass); and
                    (K) assess economic and other impacts associated 
                with control methods and the restoration and 
                maintenance of land.
    (e) Disposition of Biomass.--
            (1) In general.--Not later than 1 year after the date on 
        which funds are made available to carry out this Act, the 
        Secretary, in cooperation with the Secretary of Agriculture, 
        shall complete an analysis of economic means to use or dispose 
        of biomass created as a result of removal of salt cedar and 
        Russian olive trees.
            (2) Requirements.--The analysis shall--
                    (A) determine conditions under which removal of 
                biomass is economically viable;
                    (B) consider and build upon existing research by 
                the Department of Agriculture and other agencies on 
                beneficial uses of salt cedar and Russian olive tree 
                fiber; and
                    (C) consider economic development opportunities, 
                including manufacture of wood products using biomass 
                resulting from demonstration projects under subsection 
                (d) as a means of defraying costs of control.
    (f) Costs.--
            (1) In general.--With respect to projects and activities 
        carried out under this Act--
                    (A) the assessment under subsection (b) shall be 
                carried out at a cost of not more than $4,000,000;
                    (B) the identification and documentation of long-
                term management strategies under subsection (c) shall 
                be carried out at a cost of not more than $2,000,000;
                    (C) each demonstration project under subsection (d) 
                shall be carried out at a Federal cost of not more than 
                $7,000,000 (including costs of planning, design, 
                implementation, maintenance, and monitoring); and
                    (D) the analysis under subsection (e) shall be 
                carried out at a cost of not more than $3,000,000.
            (2) Cost-sharing.--
                    (A) In general.--The assessment under subsection 
                (b), the identification and documentation of long-term 
                management strategies under subsection (c), a 
                demonstration project or portion of a demonstration 
                project under subsection (d) that is carried out on 
                Federal land, and the analysis under subsection (e) 
                shall be carried out at full Federal expense.
                    (B) Demonstration projects carried out on non-
                federal land.--
                            (i) In general.--The Federal share of the 
                        costs of any demonstration project funded under 
                        subsection (d) that is not carried out on 
                        Federal land shall not exceed--
                                    (I) 75 percent for each of the 
                                first 5 years of the demonstration 
                                project; and
                                    (II) for the purpose of long-term 
                                monitoring, 100 percent for each of 
                                such 5-year extensions as the Secretary 
                                may grant.
                            (ii) Form of non-federal share.--The non-
                        Federal share of the costs of a demonstration 
                        project that is not carried out on Federal land 
                        may be provided in the form of in-kind 
                        contributions, including services provided by a 
                        State agency or any other public or private 
                        partner.
    (g) Cooperation.--In carrying out the assessment under subsection 
(b), the demonstration projects under subsection (d), and the analysis 
under subsection (e), the Secretary shall cooperate with and use the 
expertise of Federal agencies and the other entities specified in 
subsection (d)(1) that are actively conducting research on or 
implementing salt cedar and Russian olive tree control activities.
    (h) Independent Review.--The Secretary shall subject to independent 
review--
            (1) the assessment under subsection (b);
            (2) the identification and documentation of long-term 
        management strategies under subsection (c);
            (3) the demonstration projects under subsection (d); and
            (4) the analysis under subsection (e).
    (i) Reporting.--
            (1) In general.--The Secretary shall submit to Congress an 
        annual report that describes the results of carrying out this 
        Act, including a synopsis of any independent review under 
        subsection (h) and details of the manner and purposes for which 
        funds are expended.
            (2) Public access.--The Secretary shall facilitate public 
        access to all information that results from carrying out this 
        Act.
    (j) Authorization of Appropriations.--There are authorized to be 
appropriated to carry out this Act--
            (1) $20,000,000 for fiscal year 2005; and
            (2) $15,000,000 for each subsequent fiscal year.
            Amend the title so as to read: ``A bill to further the 
        purposes of the Reclamation Projects Authorization and 
        Adjustment Act of 1992 by directing the Secretary of the 
        Interior, acting through the Commissioner of Reclamation, to 
        carry out an assessment and demonstration program to control 
        salt cedar and Russian olive, and for other purposes.''.
                                                       Calendar No. 445

108th CONGRESS

  2d Session

                                 S 1516

                          [Report No. 108-235]

_______________________________________________________________________

                                 AN ACT

 To further the purposes of the Reclamation Projects Authorization and 
  Adjustment Act of 1992 by directing the Secretary of the Interior, 
    acting through the Commissioner of Reclamation, to carry out an 
 assessment and demonstration program to assess potential increases in 
 water availability for Bureau of Reclamation projects and other uses 
            through control of salt cedar and Russian olive.

_______________________________________________________________________

                             March 9, 2004

        Reported with an amendment and an amendment to the title