[Congressional Record (Bound Edition), Volume 149 (2003), Part 4]
[Senate]
[Pages 5046-5047]
[From the U.S. Government Publishing Office, www.gpo.gov]




                    NOXIOUS WEED CONTROL ACT OF 2003

  The Senate proceeded to consider the bill (S. 144) which had been 
reported from the Committee on Energy and Natural Resources, to require 
the Secretary of the Interior to establish a program to provide 
assistance through States to eligible weed management entities to 
control and eradicate harmful, nonnative weeds on public and private 
land, with an amendment to strike all after the enacting clause.
  The bill (S. 144), as amended, was read the third time and passed, 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. SHORT TITLE.

       This Act may be cited as the ``Noxious Weed Control Act of 
     2003''.

     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 Island, and any other 
     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;
       (B) is established by and includes local stakeholders, 
     including Indian tribes;
       (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 multijurisdicational 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 noxious 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

[[Page 5047]]

     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 the funds and criteria to ensure that weed management 
     entities recognized by 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 or 
     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--
       (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 can not 
     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 2003 through 2007, 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.

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