[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2720 Enrolled Bill (ENR)]


        H.R.2720

                       One Hundred Ninth Congress

                                 of the

                        United States of America


                          AT THE SECOND SESSION

          Begun and held at the City of Washington on Tuesday,
             the third day of January, two thousand and six


                                 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 control salt cedar and Russian 
                     olive, and for other purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,
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 the Director of the United States Geological Survey 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) Memorandum of Understanding.--As soon as practicable after the 
date of enactment of this Act, the Secretary and the Secretary of 
Agriculture shall enter into a memorandum of understanding providing 
for the administration of the program established under subsection (a).
    (c) 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.
        (3) Report.--
            (A) In general.--The Secretary shall submit to the 
        Committee on Energy and Natural Resources and the Committee on 
        Agriculture, Nutrition, and Forestry of the Senate and the 
        Committee on Resources and the Committee on Agriculture of the 
        House of Representatives a report that includes the results of 
        the assessment conducted under paragraph (1).
            (B) Contents.--The report submitted under subparagraph (A) 
        shall identify--
                (i) long-term management and funding strategies 
            identified under subsection (d) that could be implemented 
            by Federal, State, tribal, and private land managers and 
            owners to address the infestation by salt cedar and Russian 
            olive;
                (ii) any deficiencies in the assessment or areas for 
            additional study; and
                (iii) any field demonstrations that would be useful in 
            the effort to control salt cedar and Russian olive.
    (d) 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, tribal, 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 (e).
        (2) Grants.--
            (A) In general.--The Secretary may provide grants to 
        eligible entities to provide technical experience, support, and 
        recommendations relating to the identification and 
        documentation of long-term management and funding strategies 
        under paragraph (1).
            (B) Eligible entities.--Institutions of higher education 
        and nonprofit organizations with an established background and 
        expertise in the public policy issues associated with the 
        control of salt cedar and Russian olive trees shall be eligible 
        for a grant under subparagraph (A).
            (C) Minimum amount.--The amount of a grant provided under 
        subparagraph (A) shall be not less than $250,000.
    (e) 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.
    (f) 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 (e) as a means of 
        defraying costs of control.
    (g) Costs.--
        (1) In general.--With respect to projects and activities 
    carried out under this Act--
            (A) the assessment under subsection (c) 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 (d)(1) and the provision 
        of grants under subsection (d)(2) shall be carried out at a 
        cost of not more than $2,000,000;
            (C) each demonstration project under subsection (e) 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 (f) shall be carried out 
        at a cost of not more than $3,000,000.
        (2) Cost-sharing.--
            (A) In general.--The assessment under subsection (c), the 
        identification and documentation of long-term management 
        strategies under subsection (d), a demonstration project or 
        portion of a demonstration project under subsection (e) that is 
        carried out on Federal land, and the analysis under subsection 
        (f) 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 (e) that is 
            not carried out on Federal land shall not exceed 75 
            percent.
                (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.
    (h) Cooperation.--In carrying out the assessment under subsection 
(c), the demonstration projects under subsection (e), and the analysis 
under subsection (f), the Secretary shall cooperate with and use the 
expertise of Federal agencies and the other entities specified in 
subsection (e)(1) that are actively conducting research on or 
implementing salt cedar and Russian olive tree control activities.
    (i) Independent Review.--The Secretary shall subject to independent 
review--
        (1) the assessment under subsection (c);
        (2) the identification and documentation of long-term 
    management strategies under subsection (d);
        (3) the demonstration projects under subsection (e); and
        (4) the analysis under subsection (f).
    (j) 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 (I) 
    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.
    (k) Authorization of Appropriations.--
        (1) In general.--There are authorized to be appropriated to 
    carry out this Act--
            (A) $20,000,000 for fiscal year 2006; and
            (B) $15,000,000 for each of fiscal years 2007 through 2010.
        (2) Administrative costs.--Not more than 15 percent of amounts 
    made available under paragraph (1) shall be used to pay the 
    administrative costs of carrying out the program established under 
    subsection (a).
    (l) Termination of Authority.--This Act and the authority provided 
by this Act terminate on the date that is 5 years after the date of the 
enactment of this Act.

                               Speaker of the House of Representatives.

                            Vice President of the United States and    
                                               President of the Senate.