PUBLIC LAW 108–412—OCT. 30, 2004

NOXIOUS WEED CONTROL AND

ERADICATION

118 STAT. 2320 PUBLIC LAW 108–412—OCT. 30, 2004

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.

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.

7 USC 7781.

7 USC 7701 note.

Noxious Weed

Control and

Eradication Act

of 2004.

Oct. 30, 2004

[S. 144]

PUBLIC LAW 108–412—OCT. 30, 2004 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. 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 nonFederal 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.

7 USC 7783.

7 USC 7782.

118 STAT. 2322 PUBLIC LAW 108–412—OCT. 30, 2004

‘‘(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

7 USC 7784.

Regulations.

PUBLIC LAW 108–412—OCT. 30, 2004 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.

118 STAT. 2324 PUBLIC LAW 108–412—OCT. 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.

Æ

‘‘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 nonFederal 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.’’.

Approved October 30, 2004.

7 USC 1501 note.

7 USC 7786.

7 USC 7785.