19–010

Calendar No. 14

108TH CONGRESS REPORT " SENATE ! 1st Session 108–6

NOXIOUS WEED CONTROL ACT OF 2003

FEBRUARY 11, 2003.—Ordered to be printed 

Mr. DOMENICI, from the Committee on Energy and Natural 

Resources, submitted the following 

R E P O R T 

[To accompany S. 144]

The Committee on Energy and Natural Resources, to which was 

referred the bill (S. 144) to require the Secretary of the Interior to 

establish a program to provide assistance through States to eligible 

weed management entities to control or eradicate harmful, non-native weeds on public and private land, having considered the same, 

reports favorably thereon with an amendment and recommends 

that the bill, as amended, do pass. 

The amendment is as follows: 

Strike out all after the enacting clause and insert in lieu thereof 

the following:

SECTION 1. SHORT TITLE. 

This Act may be cited as the Noxious Weed Control Act of 2003.’’

SEC. 2. DEFINITIONS. 

In this Act: 

(1) NOXIOUS WEED.—The term ‘‘noxious weed’’ has the same meaning as in 

the Plant Protection Act (7 U.S.C. 7702(10)). 

(2) SECRETARY.—The term ‘‘Secretary’’ means the Secretary of the Interior. 

(3) STATE.—The term ‘‘State’’ means each of the several States of the United 

States, the District of Columbia, the Commonwealth of Puerto Rico, the Virgin 

Islands, Guam, the Commonwealth of the Northern Mariana Islands, and any 

other territory or possession of the United States. 

(4) INDIAN TRIBE.—The term ‘‘Indian tribe’’ has the meaning given the term 

in section 4 of the Indian Self-Determination and Education Assistance Act (25 

U.S.C. 450b) 

(5) 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 by and includes local stakeholders, including Indian 

tribes; 

(C) is established for the purpose of controlling or eradicating harmful, 

invasive weeds and increasing public knowledge and education concerning 

the need to control or eradicate harmful, invasive weeds; and 

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(D) is multijurisdictional and multidisciplinary in nature. 

SEC. 3. ESTABLISHMENT OF PROGRAM. 

The Secretary shall establish a program to provide financial assistance through 

States to eligible weed management entities to control or eradicate weeds. In developing the program, the Secretary shall consult with the National Invasive Species 

Council, the Invasive Species Advisory Committee, representatives from States and 

Indian tribes with weed management entities or that have particular problems with 

noxious weeds, and public and private entities with experience in noxious weed 

management. 

SEC. 4. ALLOCATION OF FUNDS TO STATES AND INDIAN TRIBES. 

The Secretary shall allocate funds to States to provide funding to weed management entities to carry out projects approved by States to control or eradicate noxious 

weeds on the basis of the severity or potential severity of the noxious weed problem, 

the extent to which the Federal funds will be used to leverage non-Federal funds, 

the extent to which the State has made progress in addressing noxious weed problems, and such other factors as the Secretary deems relevant. The Secretary shall 

provide special consideration for 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 such a weed management entity will 

address. 

SEC. 5. ELIGIBILITY AND USE OF FUNDS. 

(a) REQUIREMENTS.—The Secretary shall prescribe requirements for applications 

by States for funding, including provisions for auditing of and reporting on the use 

of funds and criteria to ensure that weed management entities recognized by the 

States are capable of carrying out projects, monitoring and reporting on the use of 

funds, and are knowledgeable about and experienced in noxious weed management 

and represent private and public interests adversely affected by noxious weeds. Eligible activities for funding shall include—

(1) applied research to solve locally significant weed management problems 

and solutions, except that such research may not exceed 8 percent of the available funds in any year; 

(2) incentive payments to encourage the formation of new weed management 

entities, except that such payments may not exceed 25 percent of the available 

funds in any year; and 

(3) projects relating to the control or eradication of noxious weeds, including 

education, inventories and mapping, management, monitoring, and similar activities, including the payment of the cost of personnel and equipment that promote such control or eradication, and other activities to promote such control 

or eradication, if the results of the activities are disseminated to the public. 

(b) PROJECT SELECTION.—A State shall select projects for funding to a weed management entity on a competitive basis considering—

(1) the seriousness 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 in the future;

(3) the extent to which the payment will leverage non-Federal funds to address the noxious weed problem addressed by the project; 

(4) the extent to which the weed management entity has made progress in 

addressing noxious weed problems; 

(5) the extent to which the project will provide a comprehensive approach to 

the control or eradication of noxious weeds; 

(6) the extent to which the project will reduce the total population of a noxious weed; 

(7) the extent to which the project uses the principles of integrated vegetation 

management and sound science; and 

(8) such other factors that the State determines to be relevant. 

(c) INFORMATION AND REPORT.—As a condition of the receipt of funding, States 

shall require such information from grant recipients as necessary and shall submit 

to the Secretary a report that describes the purposes and results of each project for 

which the payment or award was used, by not later than 6 months after completion 

of the projects. 

(d) FEDERAL SHARE.—The federal share of any project or activity approved by a 

State or Indian tribe under this Act may not exceed 50 percent unless the State 

meets criteria established by the Secretary that accommodates situations where a 

higher percentage is necessary to meet the needs of an underserved area or addresses a critical need that cannot be met otherwise. 

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SEC. 6 LIMITATIONS. 

(a) LANDOWNER CONSENT; LAND UNDER CULTIVATION.—Any activity involving real 

property, either private or public, may be carried out under this Act only with the 

consent of the landowner and no project may be undertaken on property that is devoted to the cultivation of row crops, fruits, or vegetables. 

(b) COMPLIANCE WITH STATE LAW.—A weed management entity may carry out a 

project to address the noxious weed problem in more than one State only if the entity meets the requirements of the State laws in all States in which the entity will 

undertake the project. 

(c) USE OF FUNDS.—Funding under this Act may not be used to carry out a 

project—

(1) to control or eradicate animals, pests, or submerged or floating noxious 

aquatic weeds; or 

(2) to protect an agricultural commodity (as defined in section 102 of the Agricultural Trade Act of 1978 (7 U.S.C. 5602)) other than—

(A) livestock (as defined in section 602 of the Agricultural Trade Act of 

1949 (7 U.S.C. 1471); or 

(B) an animal- or insect-based product. 

SEC. 7. RELATIONSHIP TO OTHER PROGRAMS. 

Assistance authorized under this Act is intended to supplement, and not replace, 

assistance available to weed management entities, areas, and districts for control 

or eradication of harmful, invasive weeds on public lands and private lands, including funding available under the ‘‘Pulling Together Initiative’’ of the National Fish 

and Wildlife Foundation, and the provision of funds to any entity under this Act 

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 (commonly 

known as the Payments in Lieu of Taxes Act). 

SEC. 8 AUTHORIZATION OF APPROPRIATIONS. 

To carry out this Act there is authorized to be appropriated to the Secretary 

$100,000,000 for each of fiscal years 2003 through 2007, 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.

PURPOSE OF THE MEASURE

The purpose of S. 144 is to authorize the Secretary of the Interior 

to establish a program to provide financial assistance to eligible 

weed management entities to control or eradicate harmful, nonnative weeds on public and private land. 

BACKGROUND AND NEED

The control of harmful nonnative weeds has become a major 

management concern on public and private lands. Currently, at 

least 94 types of nonnative weeds are recognized as ‘‘Federal Noxious Weeds’’ and many more are designated on State noxious weed 

lists. The National Strategy for Invasive Plant Management estimates that invasive plants already infest over 100 million acres in 

the United States and the affected area continues to increase by 8 

to 20 percent annually. 

The costs of invasive weeds are significant, both in terms of control and eradication costs and loss of agricultural production. Annual direct control costs are estimated to be as high as $5.4 billion, 

with an additional $1 billion in indirect costs. Losses in agricultural productivity are estimated to be even higher. In addition to 

agricultural losses, invasive weeds threaten important habitat for 

over two-thirds of the endangered species in the United States. 

Previous studies have identified that public and private partnerships are essential to combat weed infestation. S. 144 would support such partnerships by authorizing a State grant program to assist local weed management entities control and eradicate harmful 

nonnative weeds on public and private lands. 

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LEGISLATIVE HISTORY

S. 144 was introduced by Senators Craig, Hagel, Daschle, Crapo, 

Baucus, Burns, Dorgan, Smith, Johnson and Ensign on January 

13, 2003. A similar bill, S. 198, was introduced by Senator Craig 

in the 107th Congress. The Subcommittee on Public Lands and 

Forests held a hearing on S. 198 on June 18, 2002. The Committee 

favorably reported S. 198 with amendments on September 17, 2002 

and it passed the Senate with additional amendments on November 20, 2002. At the business meeting on February 5, 2003, the 

Committee on Energy and Natural Resources ordered S. 144, as 

amended, favorably reported. 

COMMITTEE RECOMMENDATIONS

The Committee on Energy and Natural Resources, in open business session on February 5, 2003, by a unanimous vote of a 

quorum present, recommends that the Senate pass S. 144, if 

amended as described herein. 

COMMITTEE AMENDMENTS

During the consideration of S. 144, the Committee adopted an 

amendment in the nature of a substitute. The amendment adopts 

the language passed by the Senate during the 107th Congress. This 

language incorporates changes requested by the Administration 

and suggested by witnesses at the Subcommittee hearing in Washington and at the field workshop in Idaho held during the 107th 

Congress. 

SECTION-BY-SECTION ANALYSIS

Section 1 entitles the bill the ‘‘Noxious Weed Control Act of 

2003.’’ Section 2 defines key terms used in the bill. 

Section 3 directs the Secretary of the Interior to establish a program to provide financial assistance through States to eligible weed 

management entities to control or eradicate weeds. In developing 

the program, the Secretary shall consult with certain public and 

private entities. 

Section 4 directs the Secretary of the Interior to allocate funds 

to States to provide funding to weed management entities for 

projects to control or eradicate noxious weed. The Secretary shall 

allocate funding to each State based on the severity or potential severity of the weed problem; the extent to which Federal funds will 

be used to leverage non-Federal funds; the extent to which the 

State has made progress in addressing noxious weed problems; and 

such other factors as the Secretary deems relevant. The Secretary 

is directed to provide special consideration for States with approved 

weed management entities established by Indian tribes. 

Section 5(a) directs the Secretary to prescribe requirements for 

applications by States for funding, including auditing, monitoring 

and other provisions. Eligible activities for funding shall include 

applied research (up to 8 percent of the available funds in any 

year); incentive payments to encourage the formation of new weed 

management entities (up to 25 percent of the available funds in 

any year); and projects relating to the control or eradication of noxious weeds. 

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Subsection (b) requires a State to select projects for funding to 

a weed management entity on a competitive basis and sets forth 

a series of considerations. 

Subsection (c) states that as a condition of the receipt of funding, 

States shall require such information from grant recipients as necessary and shall submit to the Secretary a report that describes the 

purposes and results of each projects for which the payment or 

award was used, by not later than 6 months after completion of the 

projects. 

Subsection (d) provides that the Federal share of any project or 

activity approved by a State or Indian tribe under this Act may not 

exceed 50 percent unless the State meets criteria established by 

the Secretary that accommodates situations where a higher percentage is necessary to meet the needs of an under-served area or 

addresses a critical need that cannot be met otherwise. 

Section 6 provides that any activity involving real property, either private or public, may be carried out under this Act only with 

the consent of the landowner and no project may be undertaken on 

property that is devoted to the cultivation of row crops, fruits, or 

vegetables. In addition, a weed management entity may carry out 

a multi-state project only if the entity meets the requirements of 

the State laws in all applicable States. Funding under this Act may 

not be used to carry out a project to control or eradicate animals, 

pests, or submerged or floating noxious aquatic weeds; or to protect 

an agricultural commodity other than livestock or an animal- or insect-based product. 

Section 7 states that assistance authorized under this Act is intended to supplement, and not replace, assistance available to weed 

management entities, areas, and districts; and the provision of 

funds to any entity under this Act shall have no effect on the 

amount of any payment received by a county from the Federal Government under the Payments in Lieu of Taxes Act. 

Section 8 authorizes $100,000,000 to be appropriated to the Secretary to carry out this Act for each fiscal years 2003 through 2007, 

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. 

COST AND BUDGET CONSIDERATIONS

The following estimate of costs of this measure has been provided 

by the Congressional Budget Office.

U.S. CONGRESS, 

CONGRESSIONAL BUDGET OFFICE, 

Washington, DC, February 7, 2003. 

Hon. PETE V. DOMENICI, Chairman, Committee on Energy and Natural Resources, 

U.S. Senate, Washington, DC. 

DEAR MR. CHAIRMAN: The Congressional Budget Office has prepared the enclosed cost estimate for S. 144, the Noxious Weed Control Act of 2003. 

If you wish further details on this estimate, we will be pleased 

to provide them. The CBO staff contact is Megan Carroll. 

Sincerely, 

DOUGLAS HOLTZ-EAKIN, Director. 

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Enclosure. 

S. 144—Noxious Weed Control Act of 2003

Summary: S. 144 would direct the Secretary of the Interior to establish a program to provide grants to states and Indian tribes to 

support projects to control or eradicate noxious weeds on public and 

private lands. CBO estimates that the proposed program would 

cost $3 million in 2003 and $278 million over the 2003–2008 period, assuming appropriation of the authorized amounts. The bill 

would not affect direct spending or revenues. 

S. 144 contains no intergovernmental or private-sector mandates 

as defined in the Unfunded Mandates Reform Act (UMRA) and 

would impose no costs on state, local, or tribal governments. Any 

costs incurred by those governments to comply with the conditions 

of this assistance would be voluntary. 

Estimated cost to the Federal Government: The estimated budgetary impact of S. 144 is shown in the following table. The costs 

of this legislation fall within budget function 300 (natural resources 

and environment).

By Fiscal Year, in Millions of Dollars 

2003 2004 2005 2006 2007 2008

CHANGES IN SPENDING SUBJECT TO APPROPRIATION 

Authorization Level ....................................................................... 100 100 100 100 100 0

Estimated Outlays ........................................................................ 3 20 35 60 80 80

Basis of estimate: S. 144 would authorize the appropriation of 

$100 million a year over the 2003–2007 period for the Secretary of 

the Interior to make grants to states and Indian tribes to fund 

projects to study, control, or eradicate noxious weeds on public and 

private lands. Based on information from the Department of the Interior, CBO estimates that implementing this bill would cost $3 

million in 2003 and $278 million over the 2003–2008 period, with 

additional spending occurring in later years. For this estimate, we 

assume S. 144 will be enacted by the middle of fiscal year 2003 and 

that authorized amounts would be provided as specified by the bill. 

Estimates of outlays are based on historical spending patterns for 

similar activities. 

Intergovernmental and private-sector impact: S. 144 contains no 

intergovernmental or private-sector mandates as defined in UMRA 

and would impose no costs on state, local, or tribal governments. 

Any costs incurred by those governments to comply with the conditions of this assistance would be voluntary. 

Estimate prepared by: Federal Costs: Megan Carroll, Impact on 

State, Local, and Tribal Governments: Majorie Miller, Impact on 

the Private Sector: Cecil McPherson. 

Estimate approved by: Paul R. Cullinan, Chief for Human Resources Cost Estimates Unit, Budget Analysis Division. 

REGULATORY IMPACT EVALUATION

In compliance with paragraph 11(b) of rule XXVI of the Standing 

Rules of the Senate, the Committee makes the following evaluation 

of the regulatory impact which would be incurred in carrying out 

S. 144. The bill is not a regulatory measures in the sense of imposVerDate Jan 31 2003 03:37 Feb 13, 2003 Jkt 019010 PO 00000 Frm 00006 Fmt 6659 Sfmt 6602 E:\HR\OC\SR006.XXX SR006
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ing Government-estimated standards or significant economic responsibilities on private individuals and businesses. 

No personal information would be collected in administering the 

program. Therefore, there would be no impact on personal privacy. 

Little, if any, additional paperwork would result from the enactment of S. 144, as ordered reported. 

EXECUTIVE COMMUNICATIONS

On February 5, 2003, the Committee on Energy and Natural Resources requested legislative reports from the Department of the 

Interior and the Office of Management and Budget setting forth 

Executive agency recommendations on S. 144. These reports had 

not been received at the time the report on S. 144 was filed. When 

the reports become available, the Chairman will request that they 

be printed in the Congressional Record for the advice of the Senate. 

CHANGES IN EXISTING LAW

In compliance with paragraph 12 of rule XXVI of the Standing 

Rule of the Senate, the Committee notes that no changes in existing law are made by the bill S. 144, as ordered reported.

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