[United States Statutes at Large, Volume 120, 109th Congress, 2nd Session]
[From the U.S. Government Publishing Office, www.gpo.gov]

120 STAT. 1748

Public Law 109-320
109th Congress

An Act


 
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. NOTE: Oct. 11, 2006 -  [H.R. 2720]

Be it enacted by the Senate and House of Representatives of the
United States of America in Congress NOTE: Salt Cedar and Russian
Olive Control Demonstration Act. assembled,
SECTION 1. NOTE: 7 USC 7781 note. SHORT TITLE.

This Act may be cited as the ``Salt Cedar and Russian Olive Control
Demonstration Act''.
SEC. 2. NOTE: 7 USC 7781 note. 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 the Director of the United States Geological Survey 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) Memorandum of Understanding.--As soon as practicable after the
date of enactment of this Act, the Secretary and the Secretary of
Agriculture shall enter into a memorandum of understanding providing for
the administration of the program established under subsection (a).
(c) Assessment.--
(1) In general.--Not NOTE: Deadline. 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;

[[Page 1749]]
120 STAT. 1749

(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.
(3) Report.--
(A) In general.--The NOTE: Reports. Secretary
shall submit to the Committee on Energy and Natural
Resources and the Committee on Agriculture, Nutrition,
and Forestry of the Senate and the Committee on
Resources and the Committee on Agriculture of the House
of Representatives a report that includes the results of
the assessment conducted under paragraph (1).
(B) Contents.--The report submitted under
subparagraph (A) shall identify--
(i) long-term management and funding
strategies identified under subsection (d) that
could be implemented by Federal, State, tribal,
and private land managers and owners to address
the infestation by salt cedar and Russian olive;
(ii) any deficiencies in the assessment or
areas for additional study; and
(iii) any field demonstrations that would be
useful in the effort to control salt cedar and
Russian olive.

(d) 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, tribal,
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 (e).
(2) Grants.--
(A) In general.--The Secretary may provide grants to
eligible entities to provide technical experience,
support, and recommendations relating to the
identification and documentation of long-term management
and funding strategies under paragraph (1).
(B) Eligible entities.--Institutions of higher
education and nonprofit organizations with an
established background and expertise in the public
policy issues associated with the control of salt cedar
and Russian olive trees shall be eligible for a grant
under subparagraph (A).
(C) Minimum amount.--The amount of a grant provided
under subparagraph (A) shall be not less than $250,000.

(e) Demonstration Projects.--
(1) In general.--Not NOTE: Deadline. 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

[[Page 1750]]
120 STAT. 1750

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
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.

(f) Disposition of Biomass.--
(1) In general.--Not NOTE: Deadline. 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
(e) as a means of defraying costs of control.

(g) Costs.--

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120 STAT. 1751

(1) In general.--With respect to projects and activities
carried out under this Act--
(A) the assessment under subsection (c) 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 (d)(1) and
the provision of grants under subsection (d)(2) shall be
carried out at a cost of not more than $2,000,000;
(C) each demonstration project under subsection (e)
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 (f) shall be
carried out at a cost of not more than $3,000,000.
(2) Cost-sharing.--
(A) In general.--The assessment under subsection
(c), the identification and documentation of long-term
management strategies under subsection (d), a
demonstration project or portion of a demonstration
project under subsection (e) that is carried out on
Federal land, and the analysis under subsection (f)
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 (e) that is not carried out on Federal
land shall not exceed 75 percent.
(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.

(h) Cooperation.--In carrying out the assessment under subsection
(c), the demonstration projects under subsection (e), and the analysis
under subsection (f), the Secretary shall cooperate with and use the
expertise of Federal agencies and the other entities specified in
subsection (e)(1) that are actively conducting research on or
implementing salt cedar and Russian olive tree control activities.
(i) Independent Review.--The Secretary shall subject to independent
review--
(1) the assessment under subsection (c);
(2) the identification and documentation of long-term
management strategies under subsection (d);
(3) the demonstration projects under subsection (e); and
(4) the analysis under subsection (f).

(j) 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 (I) 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.

[[Page 1752]]
120 STAT. 1752

(k) Authorization of Appropriations.--
(1) In general.--There are authorized to be appropriated to
carry out this Act--
(A) $20,000,000 for fiscal year 2006; and
(B) $15,000,000 for each of fiscal years 2007
through 2010.
(2) Administrative costs.--Not more than 15 percent of
amounts made available under paragraph (1) shall be used to pay
the administrative costs of carrying out the program established
under subsection (a).

(l) Termination of Authority.--This Act and the authority provided
by this Act terminate on the date that is 5 years after the date of the
enactment of this Act.

Approved October 11, 2006.

LEGISLATIVE HISTORY--H.R. 2720:
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HOUSE REPORTS: No. 109-341, Pt. 1 (Comm. on Resources).
CONGRESSIONAL RECORD, Vol. 152 (2006):
May 2, considered and passed House.
Sept. 29, considered and passed Senate.