[Congressional Record Volume 147, Number 11 (Monday, January 29, 2001)]
[Senate]
[Pages S646-S649]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

      By Mr. CRAIG (for himself, Mr. Daschle, Mr. Baucus, Mr. Burns, 
        Mr. Conrad, Mr. Crapo, Mr. Dorgan, Mr. Johnson, and Mr. Smith 
        of Oregon):
  S. 198. 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; to the Committee on Energy and Natural 
Resources.
  Mr. CRAIG. Mr. President, I rise today with Senator Daschle to 
introduce the Harmful Non-native Weed Control Act of 2000--to provide 
assistance to eligible weed management entities to control or eradicate 
harmful, non-native weeds on public and private land. I am pleased that 
Senators Baucus, Burns, Conrad, Crapo, Dorgan, Johnson, and Gordon 
Smith are joining us as original cosponsors.
  I have stood before Congress for the past three years pushing 
legislation and speaking on the issue of noxious weeds. I know some 
members tire of hearing me bring up this issue, but I have seen the 
destruction caused when non-native weeds are not treated and are left 
to over take native species.

[[Page S647]]

  Non-native weeds threaten fully two-thirds of all endangered species 
and are now considered by some experts to be the second most important 
threat to bio-diversity. In some areas, spotted knapweed grows so thick 
that big game like deer will move out of the area to find edible 
plants. Noxious weeds also increase soil erosion, and prevent 
recreationists from accessing land that is infested with poisonous 
plants.
  Because of these problems, during the 106th Congress I introduced and 
worked to pass the Plant Protection Act. As you may recall, that bill 
primarily dealt with Animal Plant Health Inspection Service's authority 
to block or regulate the importation or movement of a noxious weed and 
plant pest, and it also provides authority for inspection and 
enforcement of the regulations. Basically the bill focused on stopping 
the weeds at the border.
  Stopping the spread of noxious weeds requires a two pronged effort. 
First, we must prevent new non-native weed species from becoming 
established in the United States, which was the focus of the Plant 
Protection Act. Second, we must stop or slow the spread of the non-
native weeds we already have, which is the focus of the Harmful Non-
native Weed Control Act.
  I have been working with the National Cattlemen's Beef Association, 
Public Lands Council, and the Nature Conservancy to develop the Harmful 
Non-native Weed Control Act. This legislation will provide a mechanism 
to get funding to the local level where weeds can be fought in a 
collaborative way. Working together is what the entire initiative is 
about.
  Specifically, this bill establishes, in the Office of Secretary of 
the Interior, a program to provide assistance through States to 
eligible weed management entities. The Secretary of the Interior 
appoints an Advisory Committee of ten individuals to make 
recommendations to the Secretary regarding the annual allocation to 
funds. The Secretary, in consultation with the Advisory Committee, will 
allocate funds to States to provide funding to eligible weed management 
entities to carry out projects approved by States to control or 
eradicate harmful, non-native weeds on public and private lands. Funds 
will be allocated based on several factors, including but not limited 
to: the seriousness of the problem in the State; the extent to which 
the federal funds will be used to leverage non-federal funds to address 
the problem; and the extent to which the State has already made 
progress in addressing the problems.
  The bill directs that the States use 25 percent of their allocation 
to make base payments and 75 percent for financial awards to eligible 
weed management entities for carrying out projects relating to the 
control or eradication of harmful, non-native weeds on public or 
private lands. To be eligible to obtain a base payment, a weed 
management entity must be established by local stakeholders for weed 
management or public education purposes, provide the State a 
description of its purpose and proposed projects, and fulfill any other 
requirements set by the State. Weed management entities are also 
eligible for financial awards--funds awarded by the State on a 
competitive basis to carry out projects which can not be funded within 
the base payment. Projects will be evaluated, giving equal 
consideration to economic and natural values, and selected for funding 
based on factors such as the seriousness of the problem, the likelihood 
that the project will address the problem, and how comprehensive the 
project's approach is to the harmful, non-native weed problem within 
the state. A 50 percent non-federal match is required to receive the 
funds.
  The Department of Agriculture in Idaho (ISDA) has developed a 
Strategic Plan for Managing Noxious Weeds through a collaborative 
effort involving private landowners, state and federal land managers, 
state and local governmental entities, and other interested parties. 
Cooperative Weed Management Areas (CWMAs) are the centerpiece of the 
strategic plan. CWMAs cross jurisdictional boundaries to bring together 
all landowners, land managers, and interested parties to identify and 
prioritize noxious weed strategies within the CWMA in a collaborative 
manner. The primary responsibilities of the ISDA are to provide 
coordination, administrative support, facilitation, and project cost-
share funding for this collaborative effort. Idaho already has a record 
of working in a collaborative way on this issue--my legislation will 
build on the progress we have had, and establish the same formula for 
success in other states.
  As I have said before, non-native weeds are a serious problem on both 
public and private lands across the nation. They are particularly 
troublesome in the West where much of our land is entrusted to the 
management of the federal government. Like a ``slow burning wildfire,'' 
noxious weeds take land out of production, force native species off the 
land, and interrupt the commerce and activities of all those who rely 
on the land for their livelihoods--including farmers, ranchers, 
recreationists, and others.
  I believe we must focus our efforts to rid our lands of these non-
native weeds. Noxious weeds are not only a problem for farmers and 
ranchers, but a hazard to our environment, economy, and communities in 
Idaho, the West, and for the country as a whole. We must reclaim the 
rangeland for natural species. Noxious weeds do not recognize property 
boundaries, so if we want to win this war on weeds, we must be fighting 
at the federal, state, local, and individual levels. The Harmful Non-
native Weed Control Act is an important step to ensure we are diligent 
in stopping the spread of these weeds. I am confident that if we work 
together at all levels of government and throughout our communities, we 
can protect our land, livelihood, and environment.
  Mr. President, I ask unanimous consent that a copy of the bill be 
printed in the Record.
  There being no objection, the bill was ordered to be printed in the 
Record, as follows:

                                 S. 198

       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 ``Harmful Nonnative Weed 
     Control Act of 2000''.

     SEC. 2. FINDINGS AND PURPOSES.

       (a) Findings.--Congress finds that--
       (1) public and private land in the United States faces 
     unprecedented and severe stress from harmful, nonnative 
     weeds;
       (2) the economic and resource value of the land is being 
     destroyed as harmful nonnative weeds overtake native 
     vegetation, making the land unusable for forage and for 
     diverse plant and animal communities;
       (3) damage caused by harmful nonnative weeds has been 
     estimated to run in the hundreds of millions of dollars 
     annually;
       (4) successfully fighting this scourge will require 
     coordinated action by all affected stakeholders, including 
     Federal, State, and local governments, private landowners, 
     and nongovernmental organizations;
       (5) the fight must begin at the local level, since it is at 
     the local level that persons feel the loss caused by harmful 
     nonnative weeds and will therefore have the greatest 
     motivation to take effective action; and
       (6) to date, effective action has been hampered by 
     inadequate funding at all levels of government and by 
     inadequate coordination.
       (b) Purposes.--The purposes of this Act are--
       (1) to provide assistance to eligible weed management 
     entities in carrying out projects to control or eradicate 
     harmful, nonnative weeds on public and private land;
       (2) to coordinate the projects with existing weed 
     management areas and districts;
       (3) in locations in which no weed management entity, area, 
     or district exists, to stimulate the formation of additional 
     local or regional cooperative weed management entities, such 
     as entities for weed management areas or districts, that 
     organize locally affected stakeholders to control or 
     eradicate weeds;
       (4) to leverage additional funds from a variety of public 
     and private sources to control or eradicate weeds through 
     local stakeholders; and
       (5) to promote healthy, diverse, and desirable plant 
     communities by abating through a variety of measures the 
     threat posed by harmful, nonnative weeds.

     SEC. 3. DEFINITIONS.

       In this Act:
       (1) Advisory committee.--The term ``Advisory Committee'' 
     means the advisory committee established under section 5.
       (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 Islands, and any other 
     territory or possession of the United States.

     SEC. 4. ESTABLISHMENT OF PROGRAM.

       The Secretary shall establish in the Office of the 
     Secretary a program to provide financial assistance through 
     States to eligible weed management entities to control or 
     eradicate harmful, nonnative weeds on public and private 
     land.

[[Page S648]]

     SEC. 5. ADVISORY COMMITTEE.

       (a) In General.--The Secretary shall establish in the 
     Department of the Interior an advisory committee to make 
     recommendations to the Secretary regarding the annual 
     allocation of funds to States under section 6 and other 
     issues related to funding under this Act.
       (b) Composition.--The Advisory Committee shall be composed 
     of not more than 10 individuals appointed by the Secretary 
     who--
       (1) have knowledge and experience in harmful, nonnative 
     weed management; and
       (2) represent the range of economic, conservation, 
     geographic, and social interests affected by harmful, 
     nonnative weeds.
       (c) Term.--The term of a member of the Advisory Committee 
     shall be 4 years.
       (d) Compensation.--
       (1) In general.--A member of the Advisory Committee shall 
     receive no compensation for the service of the member on the 
     Advisory Committee.
       (2) Travel expenses.--A member of the Advisory Committee 
     shall be allowed travel expenses, including per diem in lieu 
     of subsistence, at rates authorized for an employee of an 
     agency under subchapter I of chapter 57 of title 5, United 
     States Code, while away from the home or regular place of 
     business of the member in the performance of the duties of 
     the Advisory Committee.
       (e) Federal Advisory Committee Act.--The Federal Advisory 
     Committee Act (5 U.S.C. App.) shall not apply to the Advisory 
     Committee.

     SEC. 6. ALLOCATION OF FUNDS TO STATES.

       (a) In General.--In consultation with the Advisory 
     Committee, the Secretary shall allocate funds made available 
     for each fiscal year under section 8 to States to provide 
     funding in accordance with section 7 to eligible weed 
     management entities to carry out projects approved by States 
     to control or eradicate harmful, nonnative weeds on public 
     and private land.
       (b) Amount.--The Secretary shall determine the amount of 
     funds allocated to a State for a fiscal year under this 
     section on the basis of--
       (1) the seriousness of the harmful, nonnative weed problem 
     or potential problem in the State, or a portion of the State;
       (2) the extent to which the Federal funds will be used to 
     leverage non-Federal funds to address the harmful, nonnative 
     weed problems in the State;
       (3) the extent to which the State has made progress in 
     addressing harmful, nonnative weed problems in the State;
       (4) the extent to which weed management entities in a State 
     are eligible for base payments under section 7; and
       (5) other factors recommended by the Advisory Committee and 
     approved by the Secretary.

     SEC. 7. USE OF FUNDS ALLOCATED TO STATES.

       (a) In General.--A State that receives an allocation of 
     funds under section 6 for a fiscal year shall use--
       (1) not more than 25 percent of the allocation to make a 
     base payment to each weed management entity in accordance 
     with subsection (b); and
       (2) not less than 75 percent of the allocation to make 
     financial awards to weed management entities in accordance 
     with subsection (c).
       (b) Base Payments.--
       (1) Use by weed management entities.--
       (A) In general.--Base payments under subsection (a)(1) 
     shall be used by weed management entities--
       (i) to pay the Federal share of the cost of carrying out 
     projects described in subsection (d) that are selected by the 
     State in accordance with subsection (d); or
       (ii) for any other purpose relating to the activities of 
     the weed management entities, subject to guidelines 
     established by the State.
       (B) Federal share.--Under subparagraph (A), the Federal 
     share of the cost of carrying out a project described in 
     subsection (d) shall not exceed 50 percent.
       (2) Eligibility of weed management entities.--To be 
     eligible to obtain a base payment under paragraph (1) for a 
     fiscal year, a weed management entity in a State shall--
       (A) be established by local stakeholders--
       (i) to control or eradicate harmful, nonnative weeds on 
     public or private land; or
       (ii) to increase public knowledge and education concerning 
     the need to control or eradicate harmful, nonnative weeds on 
     public or private land;
       (B)(i) for the first fiscal year for which the entity 
     receives a base payment, provide to the State a description 
     of--
       (I) the purposes for which the entity was established; and
       (II) any projects carried out to accomplish those purposes; 
     and
       (ii) for any subsequent fiscal year for which the entity 
     receives a base payment, provide to the State--
       (I) a description of the activities carried out by the 
     entity in the previous fiscal year--

       (aa) to control or eradicate harmful, nonnative weeds on 
     public or private land; or
       (bb) to increase public knowledge and education concerning 
     the need to control or eradicate harmful, nonnative weeds on 
     public or private land; and

       (II) the results of each such activity; and
       (C) meet such additional eligibility requirements, and 
     conform to such process for determining eligibility, as the 
     State may establish.
       (c) Financial Awards.--
       (1) Use by weed management entities.--
       (A) In general.--Financial awards under subsection (a)(2) 
     shall be used by weed management entities to pay the Federal 
     share of the cost of carrying out projects described in 
     subsection (d) that are selected by the State in accordance 
     with subsection (d).
       (B) Federal share.--Under subparagraph (A), the Federal 
     share of the cost of carrying out a project described in 
     subsection (d) shall not exceed 50 percent.
       (2) Eligibility of weed management entities.--To be 
     eligible to obtain a financial award under paragraph (1) for 
     a fiscal year, a weed management entity in a State shall--
       (A) meet the requirements for eligibility for a base 
     payment under subsection (b)(2); and
       (B) submit to the State a description of the project for 
     which the financial award is sought.
       (d) Projects.--
       (1) In general.--An eligible weed management entity may use 
     a base payment or financial award received under this section 
     to carry out a project relating to the control or eradication 
     of harmful, nonnative weeds on public or private land, 
     including--
       (A) education, inventories and mapping, management, 
     monitoring, and similar activities, including the payment of 
     the cost of personnel and equipment; and
       (B) innovative projects, with results that are disseminated 
     to the public.
       (2) Selection of projects.--A State shall select projects 
     for funding under this section on a competitive basis, taking 
     into consideration (with equal consideration given to 
     economic and natural values)--
       (A) the seriousness of the harmful, nonnative weed problem 
     or potential problem addressed by the project;
       (B) the likelihood that the project will prevent or resolve 
     the problem, or increase knowledge about resolving similar 
     problems in the future;
       (C) the extent to which the payment will leverage non-
     Federal funds to address the harmful, nonnative weed problem 
     addressed by the project;
       (D) the extent to which the entity has made progress in 
     addressing harmful, nonnative weed problems;
       (E) the extent to which the project will provide a 
     comprehensive approach to the control or eradication of 
     harmful, nonnative weeds;
       (F) the extent to which the project will reduce the total 
     population of a harmful, nonnative weed within the State; and
       (G) other factors that the State determines to be relevant.
       (3) Scope of projects.--
       (A) In general.--A weed management entity shall determine 
     the geographic scope of the harmful, nonnative weed problem 
     to be addressed through a project using a base payment or 
     financial award received under this section.
       (B) Multiple states.--A weed management entity may use the 
     base payment or financial award to carry out a project to 
     address the harmful, nonnative weed problem of more than 1 
     State if the entity meets the requirements of applicable 
     State laws.
       (4) Land.--A weed management entity may use a base payment 
     or financial award received under this section to carry out a 
     project to control or eradicate weeds on any public or 
     private land with the approval of the owner or operator of 
     the land, other than land that is devoted to the cultivation 
     of row crops, fruits, or vegetables.
       (5) Prohibition on projects to control aquatic noxious 
     weeds or animal pests.--A base payment or financial award 
     under this section may not be used to carry out a project to 
     control or eradicate aquatic noxious weeds or animal pests.
       (e) Administrative Costs.--Not more than 5 percent of the 
     funds made available under section 8 for a fiscal year may be 
     used by the States or the Federal Government to pay the 
     administrative costs of the program established by this Act, 
     including the costs of complying with Federal environmental 
     laws.

     SEC. 8. AUTHORIZATION OF APPROPRIATIONS.

       There are authorized to be appropriated such sums as are 
     necessary to carry out this Act.

  Mr. DASCHLE. Mr. President, today I am introducing with Senator Larry 
Craig and a number of my other colleagues the Harmful Non-native Weed 
Control Act of 2001. This legislation will provide critically needed 
resources to local agencies to reduce the spread of harmful weeds that 
are destroying the productivity of farmland and reducing ecological 
diversity.
  In the last few years, public and private lands in the west have seen 
a startling increase in the spread of harmful, non-native weeds. In 
south Dakota, these weeds choke out native species, destroy good 
grazing land, and cost farmers and ranchers thousands of dollars a year 
to control. On public lands in South Dakota and throughout the west, 
the spread of the weeds has outpaced the ability of land managers to 
control them, threatening species diversity and, at times, spreading on 
to private land.
  This problem has become so severe that, last year, the White House 
has created an Invasive Species Council to address it. Former Secretary 
Bruce

[[Page S649]]

Babbitt noted, ``The blending of the natural world into one great 
monoculture of the most aggressive species is, I think, a blow to the 
spirit and beauty of the natural world.''
  Despite these efforts, the scale of this problem is vast. Some 
estimate that it could cost well into the hundreds of millions of 
dollars to control effectively the spread of these weeds. This 
legislation will help to meet that need by putting funding directly 
into the hands of the local weed boards and managers who already are 
working to control this problem and whose lands are directly affected.
  Specifically, this legislation authorizes new weed control funding 
and establishes an Advisory Board in the Department of Interior to 
identify the areas of greatest need for the distribution of those 
funds. States, in turn, will transfer up to 25 percent of it directly 
to local weed control boards in order to support ongoing activities and 
spur the creation of new control boards, where necessary. The remaining 
75 percent of funds will be made available to weed control boards on a 
competitive basis to fund weed control projects.
  Mr. President, I'd like to thank Senator Craig for his work on this 
issue, and to thank the National Cattleman's Beef Association and the 
Nature Conservancy, who have been instrumental to the development of 
this bill. Now that this legislation has been introduced, it is my hope 
that we can work with all interested stakeholders to enact it as soon 
as possible. I look forward to working with my colleagues during this 
process.
  Mr. BURNS. Mr. President, I join Senator Craig in sponsoring the 
Harmful Nonnative Weed Control Act of 2001. This bill will 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 a 
state like Montana, where we depend heavily on the bounty of the land 
to support the lifestyle we enjoy, weed control has a very important 
place in land management. Noxious weeds attack the natural balance of 
the range and the entire ecosystem, along with threatening the health 
and productivity of public and private lands.
  When I visit with Montana ranchers, farmers, recreationists, and 
others who live close to the land, they continually mention their 
concern over noxious weeds. These folks are worried about how the weeds 
are changing the face of the land, and I am too. When these weeds take 
hold and native plants are crowded out, wildlife habitat is 
compromised, livestock carrying capacity is reduced, and the condition 
of the land is jeopardized. Over the last few years we have been able 
to secure appropriations to increase research efforts with respect to 
weeds management. I think this is a step in the right direction, but we 
also need our land management agencies and to work with private land 
owners.
  One thing is clear: this is not just a public lands problem, nor is 
it only a private landowner problem. Without cooperation from both 
sides, any efforts from the other group are compromised. This bill 
presents a great opportunity for cooperation, and a chance for the 
federal government to demonstrate a commitment to stewardship of our 
public lands. Sadly, this is a commitment we have not seen enough of 
lately.
  Aside from the ongoing battle against nonnative weeds in the West, 
this year we have an added urgency to do something real about the 
problem. When fires swept over millions of acres of public and private 
land last summer, that land was made especially vulnerable to weed 
infestation. Aside from repairing the immediate damage to structures 
and making sure we are able to control erosion and protect clean water, 
we have an obligation to fight the weeds that will otherwise take over 
these lands. As hard as we have worked in the Senate to create fire 
programs that repair last year's damage and keep it from happening 
again, it would be a step in the wrong direction to leave weed 
prevention by the wayside. Preventing non-native species from taking 
hold right now will be a much better investment than trying to control 
the invasion later. We cannot afford to stand by and do nothing.
  In some ways, the disease of weed infestation resembles the challenge 
of wildfire. Both are economically and environmentally devastating, and 
do not distinguish between public and private land. A recent study 
presented at the American Association for the Advancement of Science 
estimates that non-native species cause $123 billion in damage 
annually. This figure is more than twice the annual economic damage 
caused by all natural disasters in the United States.
  There are no silver bullets here, and we won't be able to fix things 
overnight, but with hard work and a commitment to this cause, I know we 
can make a difference. It is time the federal government step up to its 
obligations to Americans, and take decisive action to fight nonnative 
weeds. This is a serious problem, and I am proud to be working with my 
colleagues in the Senate to fix it.
                                 ______