II 

Calendar No. 26 

109TH CONGRESS 

1ST SESSION S. 177 

[Report No. 109–15] 

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. 

IN THE SENATE OF THE UNITED STATES 

JANUARY 26, 2005 

Mr. DOMENICI (for himself, Mr. BINGAMAN, Mr. ALLARD, Mr. BAUCUS, Mr. 

ENSIGN, Mr. BENNETT, and Mr. SALAZAR) introduced the following bill; 

which was read twice and referred to the Committee on Energy and Natural Resources 

MARCH 7, 2005 

Reported by Mr. DOMENICI, without amendment 

A BILL 

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. 
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•S 177 RS

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Salt Cedar and Rus5 sian Olive Control Demonstration Act’’. 

6 SEC. 2. SALT CEDAR AND RUSSIAN OLIVE CONTROL DEM7 ONSTRATION PROGRAM. 

8 (a) ESTABLISHMENT.—The Secretary of the Interior 

9 (referred to in this Act as the ‘‘Secretary’’), acting 

10 through the Commissioner of Reclamation and in coopera11 tion with the Secretary of Agriculture and the Secretary 

12 of Defense, shall carry out a salt cedar (Tamarix spp) and 

13 Russian olive (Elaeagnus angustifolia) assessment and 

14 demonstration program— 

15 (1) to assess the extent of the infestation by 

16 salt cedar and Russian olive trees in the western 

17 United States; 

18 (2) to demonstrate strategic solutions for— 

19 (A) the long-term management of salt 

20 cedar and Russian olive trees; and 

21 (B) the reestablishment of native vegeta22 tion; and 

23 (3) to assess economic means to dispose of bio24 mass created as a result of removal of salt cedar and 

25 Russian olive trees. 
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•S 177 RS

1 (b) ASSESSMENT.— 

2 (1) IN GENERAL.—Not later than 1 year after 

3 the date on which funds are made available to carry 

4 out this Act, the Secretary shall complete an assess5 ment of the extent of salt cedar and Russian olive 

6 infestation on public and private land in the western 

7 United States. 

8 (2) REQUIREMENTS.—In addition to describing 

9 the acreage of and severity of infestation by salt 

10 cedar and Russian olive trees in the western United 

11 States, the assessment shall— 

12 (A) consider existing research on methods 

13 to control salt cedar and Russian olive trees; 

14 (B) consider the feasibility of reducing 

15 water consumption by salt cedar and Russian 

16 olive trees; 

17 (C) consider methods of and challenges as18 sociated with the revegetation or restoration of 

19 infested land; and 

20 (D) estimate the costs of destruction of 

21 salt cedar and Russian olive trees, related bio22 mass removal, and revegetation or restoration 

23 and maintenance of the infested land. 

24 (c) LONG-TERM MANAGEMENT STRATEGIES.— 
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•S 177 RS

1 (1) IN GENERAL.—The Secretary shall identify 

2 and document long-term management and funding 

3 strategies that— 

4 (A) could be implemented by Federal, 

5 State, and private land managers in addressing 

6 infestation by salt cedar and Russian olive 

7 trees; and 

8 (B) should be tested as components of 

9 demonstration projects under subsection (d). 

10 (2) GRANTS.—The Secretary shall provide 

11 grants to institutions of higher education to develop 

12 public policy expertise in, and assist in developing a 

13 long-term strategy to address, infestation by salt 

14 cedar and Russian olive trees. 

15 (d) DEMONSTRATION PROJECTS.— 

16 (1) IN GENERAL.—Not later than 180 days 

17 after the date on which funds are made available to 

18 carry out this Act, the Secretary shall establish a 

19 program that selects and funds not less than 5 

20 projects proposed by and implemented in collabora21 tion with Federal agencies, units of State and local 

22 government, national laboratories, Indian tribes, in23 stitutions of higher education, individuals, organiza24 tions, or soil and water conservation districts to 
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•S 177 RS

1 demonstrate and evaluate the most effective methods 

2 of controlling salt cedar and Russian olive trees. 

3 (2) PROJECT REQUIREMENTS.—The demonstra4 tion projects under paragraph (1) shall— 

5 (A) be carried out over a time period and 

6 to a scale designed to fully assess long-term 

7 management strategies; 

8 (B) implement salt cedar or Russian olive 

9 tree control using 1 or more methods for each 

10 project in order to assess the full range of con11 trol methods, including— 

12 (i) airborne application of herbicides; 

13 (ii) mechanical removal; and 

14 (iii) biocontrol methods, such as the 

15 use of goats or insects; 

16 (C) individually or in conjunction with 

17 other demonstration projects, assess the effects 

18 of and obstacles to combining multiple control 

19 methods and determine optimal combinations of 

20 control methods; 

21 (D) assess soil conditions resulting from 

22 salt cedar and Russian olive tree infestation 

23 and means to revitalize soils; 

24 (E) define and implement appropriate final 

25 vegetative states and optimal revegetation 
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•S 177 RS

1 methods, with preference for self-maintaining 

2 vegetative states and native vegetation, and tak3 ing into consideration downstream impacts, 

4 wildfire potential, and water savings; 

5 (F) identify methods for preventing the re6 growth and reintroduction of salt cedar and 

7 Russian olive trees; 

8 (G) monitor and document any water sav9 ings from the control of salt cedar and Russian 

10 olive trees, including impacts to both ground11 water and surface water; 

12 (H) assess wildfire activity and manage13 ment strategies; 

14 (I) assess changes in wildlife habitat; 

15 (J) determine conditions under which re16 moval of biomass is appropriate (including opti17 mal methods for the disposal or use of bio18 mass); and 

19 (K) assess economic and other impacts as20 sociated with control methods and the restora21 tion and maintenance of land. 

22 (e) DISPOSITION OF BIOMASS.— 

23 (1) IN GENERAL.—Not later than 1 year after 

24 the date on which funds are made available to carry 

25 out this Act, the Secretary, in cooperation with the 
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•S 177 RS

1 Secretary of Agriculture, shall complete an analysis 

2 of economic means to use or dispose of biomass cre3 ated as a result of removal of salt cedar and Russian 

4 olive trees. 

5 (2) REQUIREMENTS.—The analysis shall— 

6 (A) determine conditions under which re7 moval of biomass is economically viable; 

8 (B) consider and build upon existing re9 search by the Department of Agriculture and 

10 other agencies on beneficial uses of salt cedar 

11 and Russian olive tree fiber; and 

12 (C) consider economic development oppor13 tunities, including manufacture of wood prod14 ucts using biomass resulting from demonstra15 tion projects under subsection (d) as a means 

16 of defraying costs of control. 

17 (f) COSTS.— 

18 (1) IN GENERAL.—With respect to projects and 

19 activities carried out under this Act— 

20 (A) the assessment under subsection (b) 

21 shall be carried out at a cost of not more than 

22 $4,000,000; 

23 (B) the identification and documentation 

24 of long-term management strategies under sub-
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1 section (c) shall be carried out at a cost of not 

2 more than $2,000,000; 

3 (C) each demonstration project under sub4 section (d) shall be carried out at a Federal 

5 cost of not more than $7,000,000 (including 

6 costs of planning, design, implementation, 

7 maintenance, and monitoring); and 

8 (D) the analysis under subsection (e) shall 

9 be carried out at a cost of not more than 

10 $3,000,000. 

11 (2) COST-SHARING.— 

12 (A) IN GENERAL.—The assessment under 

13 subsection (b), the identification and docu14 mentation of long-term management strategies 

15 under subsection (c), a demonstration project or 

16 portion of a demonstration project under sub17 section (d) that is carried out on Federal land, 

18 and the analysis under subsection (e) shall be 

19 carried out at full Federal expense. 

20 (B) DEMONSTRATION PROJECTS CARRIED

21 OUT ON NON-FEDERAL LAND.— 

22 (i) IN GENERAL.—The Federal share 

23 of the costs of any demonstration project 

24 funded under subsection (d) that is not 
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1 carried out on Federal land shall not ex2 ceed— 

3 (I) 75 percent for each of the 

4 first 5 years of the demonstration 

5 project; and 

6 (II) for the purpose of long-term 

7 monitoring, 100 percent for each of 

8 such 5-year extensions as the Sec9 retary may grant. 

10 (ii) FORM OF NON-FEDERAL

11 SHARE.—The non-Federal share of the 

12 costs of a demonstration project that is not 

13 carried out on Federal land may be pro14 vided in the form of in-kind contributions, 

15 including services provided by a State 

16 agency or any other public or private part17 ner. 

18 (g) COOPERATION.—In carrying out the assessment 

19 under subsection (b), the demonstration projects under 

20 subsection (d), and the analysis under subsection (e), the 

21 Secretary shall cooperate with and use the expertise of 

22 Federal agencies and the other entities specified in sub23 section (d)(1) that are actively conducting research on or 

24 implementing salt cedar and Russian olive tree control ac25 tivities. 
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•S 177 RS

1 (h) INDEPENDENT REVIEW.—The Secretary shall 

2 subject to independent review— 

3 (1) the assessment under subsection (b); 

4 (2) the identification and documentation of 

5 long-term management strategies under subsection 

6 (c); 

7 (3) the demonstration projects under subsection 

8 (d); and 

9 (4) the analysis under subsection (e). 

10 (i) REPORTING.— 

11 (1) IN GENERAL.—The Secretary shall submit 

12 to Congress an annual report that describes the re13 sults of carrying out this Act, including a synopsis 

14 of any independent review under subsection (h) and 

15 details of the manner and purposes for which funds 

16 are expended. 

17 (2) PUBLIC ACCESS.—The Secretary shall fa18 cilitate public access to all information that results 

19 from carrying out this Act. 

20 (j) AUTHORIZATION OF APPROPRIATIONS.—There 

21 are authorized to be appropriated to carry out this Act— 

22 (1) $20,000,000 for fiscal year 2006; and 

23 (2) $15,000,000 for each subsequent fiscal 

24 year. 

Calendar No. 26 

109TH CONGRESS 

1ST SESSION S. 177 

[Report No. 109–15] 

A BILL 

To further the purposes of the Reclamation 

and for other purposes. program to control salt cedar and Russian olive, to carry out an assessment and demonstration acting through the Commissioner of Reclamation, 1992 by directing the Secretary of the Interior, Projects Authorization and Adjustment Act of 

MARCH 7, 2005 

Reported without amendment