[Congressional Record Volume 150, Number 123 (Monday, October 4, 2004)]
[House]
[Pages H7971-H7972]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
NOXIOUS WEED CONTROL AND ERADICATION ACT OF 2004
Mr. GIBBONS. Mr. Speaker, I move to suspend the rules and pass the
Senate bill (S. 144) 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, as amended.
The Clerk read as follows:
S. 144
Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled,
SECTION 1. NOXIOUS WEED CONTROL AND ERADICATION.
The Plant Protection Act (7 U.S.C. 7701 et seq.) is amended
by adding at the end the following new subtitle--
``Subtitle E--Noxious Weed Control and Eradication
``SEC. 451. SHORT TITLE.
``This subtitle may be cited as the `Noxious Weed Control
and Eradication Act of 2004'.
``SEC. 452. DEFINITIONS.
``In this subtitle:
``(1) Indian tribe.--The term `Indian Tribe' has the
meaning given that term in section 4 of the Indian Self-
Determination and Education Assistance Act (25 U.S.C. 450b).
``(2) Weed management entity.--The term `weed management
entity' means an entity that--
``(A) is recognized by the State in which it is
established;
``(B) is established for the purpose of or has demonstrable
expertise and significant experience in controlling or
eradicating noxious weeds and increasing public knowledge and
education concerning the need to control or eradicate noxious
weeds;
``(C) may be multijurisdictional and multidisciplinary in
nature;
``(D) may include representatives from Federal, State,
local, or, where applicable, Indian Tribe governments,
private organizations, individuals, and State-recognized
conservation districts or State-recognized weed management
districts; and
``(E) has existing authority to perform land management
activities on Federal land if the proposed project or
activity is on Federal lands.
``(3) Federal lands.--The term `Federal lands' means those
lands owned and managed by the United States Forest Service
or the Bureau of Land Management.
``SEC. 453. ESTABLISHMENT OF PROGRAM.
``(a) In General.--The Secretary shall establish a program
to provide financial and technical assistance to control or
eradicate noxious weeds.
``(b) Grants.--Subject to the availability of
appropriations under section 457(a), the Secretary shall make
grants under section 454 to weed management entities for the
control or eradication of noxious weeds.
``(c) Agreements.--Subject to the availability of
appropriations under section 457(b), the Secretary shall
enter into agreements under section 455 with weed management
entities to provide financial and technical assistance for
the control or eradication of noxious weeds.
``SEC. 454. GRANTS TO WEED MANAGEMENT ENTITIES.
``(a) Consultation and Consent.--In carrying out a grant
under this subtitle, the weed management entity and the
Secretary shall--
``(1) if the activities funded under the grant will take
place on Federal land, consult with the heads of the Federal
agencies having jurisdiction over the land; or
``(2) obtain the written consent of the non-Federal
landowner.
``(b) Grant Considerations.--In determining the amount of a
grant to a weed management entity, the Secretary shall
consider--
``(1) the severity or potential severity of the noxious
weed problem;
``(2) the extent to which the Federal funds will be used to
leverage non-Federal funds to address the noxious weed
problem;
``(3) the extent to which the weed management entity has
made progress in addressing the noxious weeds problem; and
``(4) other factors that the Secretary determines to be
relevant.
``(c) Use of Grant Funds; Cost Shares.--
``(1) Use of grants.--A weed management entity that
receives a grant under subsection (a) shall use the grant
funds to carry out a project authorized by subsection (d) for
the control or eradication of a noxious weed.
``(2) Cost shares.--
``(A) Federal cost share.--The Federal share of the cost of
carrying out an authorized project under this section
exclusively on non-Federal land shall not exceed 50 percent.
``(B) Form of non-federal cost share.--The non-Federal
share of the cost of carrying out an authorized project under
this section may be provided in cash or in kind.
``(d) Authorized Projects.--Projects funded by grants under
this section include the following:
``(1) Education, inventories and mapping, management,
monitoring, methods development, and other capacity building
activities, including the payment of the cost of personnel
and equipment that promote control or eradication of noxious
weeds.
``(2) Other activities to control or eradicate noxious
weeds or promote control or eradication of noxious weeds.
``(e) Application.--To be eligible to receive assistance
under this section, a weed management entity shall prepare
and submit to the Secretary an application containing such
information as the Secretary shall by regulation require.
``(f) Selection of Projects.--Projects funded under this
section shall be selected by the Secretary on a competitive
basis, taking into consideration the following:
``(1) The severity 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.
``(3) The extent to which the Federal funds will leverage
non-Federal funds to address the noxious weed problem
addressed by the project.
``(4) The extent to which the program will improve the
overall capacity of the United States to address noxious weed
control and management.
``(5) The extent to which the weed management entity has
made progress in addressing noxious weed problems.
``(6) The extent to which the project will provide a
comprehensive approach to the control or eradication of
noxious weeds.
``(7) The extent to which the project will reduce the total
population of noxious weeds.
``(8) The extent to which the project promotes cooperation
and participation between States that have common interests
in controlling and eradicating noxious weeds.
``(9) Other factors that the Secretary determines to be
relevant.
``(g) Regional, State, and Local Involvement.--In
determining which projects receive funding under this
section, the Secretary shall, to the maximum extent
practicable--
``(1) rely on technical and merit reviews provided by
regional, State, or local weed management experts; and
``(2) give priority to projects that maximize the
involvement of State, local and, where applicable, Indian
Tribe governments.
``(h) Special Consideration.--The Secretary shall give
special consideration to 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 the weed management entity plans to
address.
``SEC. 455. AGREEMENTS.
``(a) Consultation and Consent.--In carrying out an
agreement under this section, the Secretary shall--
``(1) if the activities funded under the agreement will
take place on Federal land, consult with the heads of the
Federal agencies having jurisdiction over the land; or
``(2) obtain the written consent of the non-Federal
landowner.
``(b) Application of Other Laws.--The Secretary may enter
into agreements under this section with weed management
entities notwithstanding sections 6301 through 6309 of title
31, United States Code, and other laws relating to the
procurement of goods and services for the Federal Government.
``(c) Eligible Activities.--Activities carried out under an
agreement under this section may include the following:
``(1) Education, inventories and mapping, management,
monitoring, methods development, and other capacity building
activities, including the payment of the cost of personnel
and equipment that promote control or eradication of noxious
weeds.
``(2) Other activities to control or eradicate noxious
weeds.
``(d) Selection of Activities.--Activities funded under
this section shall be selected by the Secretary taking into
consideration the following:
``(1) The severity of the noxious weeds problem or
potential problem addressed by the activities.
``(2) The likelihood that the activity will prevent or
resolve the problem, or increase knowledge about resolving
similar problems.
``(3) The extent to which the activity will provide a
comprehensive approach to the control or eradication of
noxious weeds.
``(4) The extent to which the program will improve the
overall capacity of the United States to address noxious weed
control and management.
``(5) The extent to which the project promotes cooperation
and participation between States that have common interests
in controlling and eradicating noxious weeds.
``(6) Other factors that the Secretary determines to be
relevant.
[[Page H7972]]
``(e) Regional, State, and Local Involvement.--In
determining which activities receive funding under this
section, the Secretary shall, to the maximum extent
practicable--
``(1) rely on technical and merit reviews provided by
regional, State, or local weed management experts; and
``(2) give priority to activities that maximize the
involvement of State, local, and, where applicable,
representatives of Indian Tribe governments.
``(f) Rapid Response Program.--At the request of the
Governor of a State, the Secretary may enter into a
cooperative agreement with a weed management entity in that
State to enable rapid response to outbreaks of noxious weeds
at a stage which rapid eradication and control is possible
and to ensure eradication or immediate control of the noxious
weeds if--
``(1) there is a demonstrated need for the assistance;
``(2) the noxious weed is considered to be a significant
threat to native fish, wildlife, or their habitats, as
determined by the Secretary;
``(3) the economic impact of delaying action is considered
by the Secretary to be substantial; and
``(4) the proposed response to such threat--
``(A) is technically feasible;
``(B) economically responsible; and
``(C) minimizes adverse impacts to the structure and
function of an ecosystem and adverse effects on nontarget
species and ecosystems.
``SEC. 456. RELATIONSHIP TO OTHER PROGRAMS.
``Funds under this Act (other than those made available for
section 455(f)) are intended to supplement, not replace,
assistance available to weed management entities, areas, and
districts for control or eradication of noxious weeds on
Federal lands and non-Federal lands. The provision of funds
to a weed management entity under this Act (other than those
made available for section 455(f)) 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.
``SEC. 457. AUTHORIZATION OF APPROPRIATIONS.
``(a) Grants.--To carry out section 454, there are
authorized to be appropriated to the Secretary $7,500,000 for
each of fiscal years 2005 through 2009, 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.
``(b) Agreements.--To carry out section 455 of this
subtitle, there are authorized to be appropriated to the
Secretary $7,500,000 for each of fiscal years 2005 through
2009, 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.''.
SEC. 2. TECHNICAL AMENDMENT.
The table of sections in section 1(b) of the Agricultural
Risk Protection Act of 2000 is amended by inserting after the
item relating to section 442 the following:
``Subtitle E--Noxious Weed Control and Eradication
``Sec. 451. Short title.
``Sec. 452. Definitions.
``Sec. 453. Establishment of program.
``Sec. 454. Grants to weed management entities.
``Sec. 455. Agreements.
``Sec. 456. Relationship to other programs.
``Sec. 457. Authorization of Appropriations.''.
The SPEAKER pro tempore. Pursuant to the rule, the gentleman from
Nevada (Mr. Gibbons) and the gentlewoman from the Virgin Islands (Mrs.
Christensen) each will control 20 minutes.
The Chair recognizes the gentleman from Nevada (Mr. Gibbons).
General Leave
Mr. GIBBONS. Mr. Speaker, I ask unanimous consent that all Members
may have 5 legislative days to revise and extend their remarks and to
include extraneous material on the bill now under consideration.
The SPEAKER pro tempore. Is there objection to the request of the
gentleman from Nevada?
There was no objection.
Mr. GIBBONS. Mr. Speaker, I yield myself such time as I may consume.
Senate 144, introduced by Senator Larry Craig of Idaho and passed by
the Senate on March 4, 2003, would establish a program providing
assistance through States to eligible weed management entities for the
control of noxious weeds on public and private land. In simple terms,
S. 144 would amend the Plant Protection Act authorizing the Secretary
of Agriculture to fund specific weed control or eradication projects on
a competitive basis. The bill also serves to bolster the presence of
weed management entities, which exist today in most western States but
lack the funding for meaningful control of noxious weeds.
Weed management entities are comprised of community members and local
landowners affected by this problem, as well as representatives of the
State or Federal Government. Where established, they have proven to be
vital in controlling noxious weeds.
Senate 144 aims to deal with the growing threat of noxious weeds in
an inclusive manner, across government agencies, and on private lands.
It is important to note that due to cost concerns, the authorization of
appropriations has been reduced to $15 million per year rather than
$100 million per year. Additionally, administrative costs of Federal
agencies are limited to 5 percent, ensuring the money gets to the
ground where it is needed.
The bill, as amended, is supported by the majority and minority of
the Committee on Resources as well as the Committee on Agriculture.
I would like to thank Chairman Goodlatte and the Agriculture
Committee staff for their willingness to work on and approve this
important piece of legislation. I urge the adoption of the bill.
Mr. Speaker, I reserve the balance of my time.
Mrs. CHRISTENSEN. Mr. Speaker, I yield myself such time as I may
consume.
(Mrs. CHRISTENSEN asked and was given permission to revise and extend
her remarks.)
Mrs. CHRISTENSEN. Mr. Speaker, across our Nation people are grasping
for solutions to better control and mitigate the significant adverse
economic and environmental costs associated with invasive plants,
animals and insects. The pending measure is the final product of a
dialogue initiated by Senators Larry Craig and Tom Daschle which began
4 years ago.
Noxious weeds remain a substantial threat to western rangelands. This
legislation will provide needed financial and technical support for
local weed management programs, particularly in western States,
including South Dakota and Idaho.
While I commend the sponsors of this bill for working so diligently
on it, the gentleman from West Virginia (Mr. Rahall), ranking member
the Committee on Resources, and I also hope that in the next Congress
we might move forward with more comprehensive invasive species
legislation to address the ecological challenge of harmful nonnative
species on a broader level.
Mr. Speaker, I yield back the balance of my time.
Mr. GIBBONS. Mr. Speaker, I urge the adoption of the bill.
Mr. Speaker, I yield back the balance of my time.
The SPEAKER pro tempore. The question is on the motion offered by the
gentleman from Nevada (Mr. Gibbons) that the House suspend the rules
and pass the Senate bill, S. 144, as amended.
The question was taken; and (two-thirds having voted in favor
thereof) the rules were suspended and the Senate bill, as amended, was
passed.
The title of the Senate bill was amended so as to read: ``An Act to
require the Secretary of Agriculture to establish a program to provide
assistance to eligible weed management entities to control or eradicate
noxious weeds on public and private land.''.
A motion to reconsider was laid on the table.
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