[Congressional Record Volume 150, Number 129 (Sunday, October 10, 2004)]
[Senate]
[Pages S11185-S11186]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




            NOXIOUS WEED CONTROL AND ERADICATION ACT OF 2004

  Mr. FRIST. Mr. President, I ask the Chair lay before the Senate a 
message from the House of Representatives on the 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.
  The PRESIDING OFFICER laid before the Senate the following message 
from the House of Representatives:

                                 S. 144

       Resolved, That the bill from the Senate (S. 144) entitled 
     ``An Act 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'', do 
     pass with the following amendments:

       Strike out all after the enacting clause and insert:

     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

[[Page S11186]]

     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.
       ``(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.''.

       Amend the title 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.''

  Mr. FRIST. Mr. President, I ask unanimous consent that the Senate 
concur in the House amendment to both bills, and the motions to 
reconsider be laid upon the table, en bloc, and that any statements be 
printed in the Record.
  The PRESIDING OFFICER. Without objection, it is so ordered.

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