PUBLIC LAW 109–320—OCT. 11, 2006

SALT CEDAR AND RUSSIAN OLIVE CONTROL

DEMONSTRATION ACT

120 STAT. 1748 PUBLIC LAW 109–320—OCT. 11, 2006

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.

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 ‘‘Salt Cedar and Russian Olive

Control Demonstration Act’’.

SEC. 2. 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 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;

Deadline.

7 USC 7781 note.

7 USC 7781 note.

Salt Cedar and

Russian Olive

Control

Demonstration

Act.

Oct. 11, 2006

[H.R. 2720]

PUBLIC LAW 109–320—OCT. 11, 2006 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 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 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

Deadline.

Reports.

120 STAT. 1750 PUBLIC LAW 109–320—OCT. 11, 2006

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 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.—

Deadline.

PUBLIC LAW 109–320—OCT. 11, 2006 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 NONFEDERAL 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.

120 STAT. 1752 PUBLIC LAW 109–320—OCT. 11, 2006

LEGISLATIVE HISTORY—H.R. 2720:

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.

Æ

(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.