[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[S. 177 Introduced in Senate (IS)]







109th CONGRESS
  1st Session
                                 S. 177

 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.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                            January 26, 2005

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

_______________________________________________________________________

                                 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.

    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 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 2006; and
            (2) $15,000,000 for each subsequent fiscal year.
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