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[108th Congress Public Law 412]
[From the U.S. Government Printing Office]

[DOCID: f:publ412.108]

[[Page 2319]]

                  NOXIOUS WEED CONTROL AND ERADICATION

[[Page 118 STAT. 2320]]

Public Law 108-412
108th Congress

                                 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. <<NOTE: Oct. 30, 
                           2004 -  [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 <<NOTE: Noxious Weed Control and Eradication Act 
of 2004.>> Weed Control and Eradication

``SEC. 451. <<NOTE: 7 USC 7701 note.>> SHORT TITLE.

    ``This subtitle may be cited as the `Noxious Weed Control and 
Eradication Act of 2004'.

``SEC. 452. <<NOTE: 7 USC 7781.>> 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.

[[Page 118 STAT. 2321]]

            ``(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. <<NOTE: 7 USC 7782.>> 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. <<NOTE: 7 USC 7783.>> 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.

[[Page 118 STAT. 2322]]

            ``(2) Other activities to control or eradicate noxious weeds 
        or promote control or eradication of noxious weeds.

    ``(e) Application.--To <<NOTE: Regulations.>> 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. <<NOTE: 7 USC 7784.>> 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

[[Page 118 STAT. 2323]]

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.

[[Page 118 STAT. 2324]]

``SEC. 456. <<NOTE: 7 USC 7785.>> 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. <<NOTE: 7 USC 7786.>> 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 <<NOTE: 7 USC 1501 note.>> 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.''.

    Approved October 30, 2004.

LEGISLATIVE HISTORY--S. 144:
---------------------------------------------------------------------------

HOUSE REPORTS: No. 108-517, Pt. 1 (Comm. on Resources).
SENATE REPORTS: No. 108-6 (Comm. on Energy and Natural Resources).
CONGRESSIONAL RECORD:
                                                        Vol. 149 (2003):
                                    Mar. 4, considered and passed 
                                        Senate.
                                                        Vol. 150 (2004):
                                    Oct. 4, considered and passed House, 
                                        amended.
                                    Oct. 10, Senate concurred in House 
                                        amendment.

                                  <all>
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