[Congressional Record Volume 150, Number 71 (Wednesday, May 19, 2004)]
[Senate]
[Pages S5844-S5845]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




         SALT CEDAR AND RUSSIAN OLIVE CONTROL DEMONSTRATION ACT

  The Senate proceeded to consider the bill (S. 1516) 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, 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:
  (Strike the part shown in black brackets and insert the part shown in 
italic.)
       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 Control 
     Demonstration Act''.

     [SEC. 2. FINDINGS.

       [Congress finds that--
       [(1) the western United States is currently experiencing 
     its worst drought in modern history;
       [(2) it is estimated that throughout the western United 
     States salt cedar and Russian olive--
       [(A) occupy between 1,000,000 and 1,500,000 acres of land; 
     and
       [(B) are non-beneficial users of 2,000,000 to 4,500,000 
     acre-feet of water per year;
       [(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;
       [(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
       [(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.

     [SEC. 3. SALT CEDAR AND RUSSIAN OLIVE ASSESSMENT AND 
                   DEMONSTRATION PROGRAM.

       [(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--
       [(1) assess the extent of the infestation of salt cedar and 
     Russian olive in the western United States; and
       [(2) develop strategic solutions for long-term management 
     of salt cedar and Russian olive.
       [(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--
       [(1) consider past and ongoing research on tested and 
     innovative methods to control salt cedar and Russian olive;
       [(2) consider the feasibility of reducing water 
     consumption;
       [(3) consider methods of and challenges associated with the 
     restoration of infested land;
       [(4) estimate the costs of destruction of salt cedar and 
     Russian olive, biomass removal, and restoration and 
     maintenance of the infested land; and
       [(5) identify long-term management and funding strategies 
     that could be implemented by Federal, State, and private land 
     managers.
       [(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--
       [(1) monitor and document any water savings from the 
     control of salt cedar and Russian olive;
       [(2) identify the quantity of, and rates at which, any 
     water savings under paragraph (1) return to surface water 
     supplies;
       [(3) assess the best approach to and tools for implementing 
     available control methods;
       [(4) assess all costs and benefits associated with control 
     methods and the restoration and maintenance of land;
       [(5) determine conditions under which removal of biomass is 
     appropriate and the optimal methods for its disposal or use;
       [(6) define appropriate final vegetative states and optimal 
     revegetation methods; and
       [(7) identify methods for preventing the regrowth and 
     reintroduction of salt cedar and Russian olive.
       [(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--
       [(1) at least 1 project shall use airborne application of 
     herbicides;
       [(2) at least 1 project shall use mechanical removal; and
       [(3) at least 1 project shall use biocontrol methods such 
     as goats or insects.
       [(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).
       [(f) Costs.--
       [(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.
       [(2) Cost-sharing.--
       [(A) Federal share.--The Federal share of the costs of a 
     demonstration project shall not exceed 75 percent.
       [(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.
       [(g) Cooperation.--In carrying out the program, the 
     Secretary shall--
       [(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
       [(2) cooperate with other Federal agencies and affected 
     States, local units of government, and Indian tribes.

     [SEC. 4. AUTHORIZATION OF APPROPRIATIONS.

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

     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

[[Page S5845]]

     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.''.

  The committee amendment in the nature of a substitute was agreed to.
  The bill (S. 1516), as amended, was passed.

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