[Congressional Record Volume 148, Number 150 (Tuesday, November 19, 2002)]
[Senate]
[Pages S11639-S11641]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                    NOXIOUS WEED CONTROL ACT OF 2002

  Mr. REID. Mr. President, I ask unanimous consent that the Senate 
proceed to Calendar No. 600, S. 198.
  The ACTING PRESIDENT pro tempore. The clerk will report the bill by 
title.
  The legislative clerk read as follows:

       A bill (S. 198) 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.

  There being no objection, the Senate proceeded to consider the bill 
which had been reported from the Committee on Energy and Natural 
Resources with an amendment to strike all after the enacting clause and 
insert in lieu thereof the following:
  [Striking the part shown in black brackets and insert the part shown 
in italic.]

                                 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.

     [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.

[[Page S11640]]

     [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.]

     SECTION 1. SHORT TITLE.

       This Act may be cited as the ``Noxious Weed Control Act of 
     2002''.

     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 Islands, and any other 
     territory or 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;
       (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 multijurisdictional 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 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 funds and criteria to ensure that weed management entities 
     recognized by the 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 of 
     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--

[[Page S11641]]

       (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 cannot 
     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 2002 through 2006, 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.
  Mr. REID. Mr. President, Senator Bingaman has a substitute amendment 
at the desk. I ask unanimous consent that the amendment be considered 
and agreed to, the motion to reconsider be laid on the table, the 
committee-reported substitute, as amended, be agreed to, the bill, as 
amended, be read three times and passed, the motion to reconsider be 
laid on the table, with no intervening action or debate, and that any 
statements relating thereto be printed in the Record.
  The ACTING PRESIDENT pro tempore. Without objection, it is so 
ordered.
  The amendment (No. 4975) in the nature of a substitute was agreed to.
  (The amendment is printed in today's Record under ``Text of 
Amendments.'')
  The committee amendment in the nature of a substitute, as amended, 
was agreed to.
  The bill (S. 198), as amended, was read the third time and passed.

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