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[109th Congress Public Law 320]
[From the U.S. Government Printing Office]

[DOCID: f:publ320.109]

[[Page 1747]]

         SALT CEDAR AND RUSSIAN OLIVE CONTROL DEMONSTRATION ACT

[[Page 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 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 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.--

[[Page 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 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.

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