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Noxious Weed Control and Eradication Act of 2004 

(S144/H.R.119) adopted as Public Law No: 108-412 10/10/2004 (7 USC 7781)

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• Plant Protection Act (7 U.S.C. 7701 et seq.) is amended 

• Under authority of Secretary of Agriculture

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Definition WEED MANAGEMENT ENTITY

• (A) IS recognized by the State• (B) IS established for or has demonstrable expertise/experience 

– in controlling or eradicating noxious weeds and – increasing public knowledge and education

• (C) may be multi-jurisdictional and multidisciplinary• (D) may include government representatives

– Federal– State– local– Indian Tribe

• ... and/or NGO representatives– private organizations– Individuals

• And other representatives– State-recognized conservation districts– State-recognized weed management districts

• (E) has Federal authority to perform land management activities (if on Federal land)

– Forest Service– Bureau of Land Management

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ESTABLISHMENT OF PROGRAM & Noxious Weed DefinitionThe term ‘‘noxious weed’’ as defined In PPA 7 USC 7702 § 403 means:

• Any plant or plant product that can directly or indirectly injure or cause damage to 

– crops (including nursery stock or plant products)– livestock, poultry, or – other interests of agriculture– irrigation – navigation – the natural resources of the United States, – the public health, or – the environment

• (Note: this def. does not include the limitation of quarantine pests, “new to or not widely distributed”— that quarantine pest stipulation is included in 7 USC 7714 (PPA § 414) Titled “REMEDIAL MEASURES FOR NEW PLANT PESTS AND NOXIOUS WEEDS”)

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Program types(Subject to the availability of appropriations)

• (b) Grants – to weed management entities for the control or eradication

of noxious weeds

• (c) Agreements– with weed management entities to provide financial and 

technical assistance for the control or eradication of noxious weeds

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Characteristics of both Grants & Agreements• Consultation if Federal land or written consent of owner 

if not

• Selection Criteria– Severity/potential severity of problem

– Likelihood project/activity will resolve/prevent problem

– Improve overall U.S. capacity to address noxious weeds

– Provide comprehensive approach

– Other factors determined to be relevant

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Characteristics of both Grants & Agreements• Regional, State & local involvement

– Technical & merit review– Priority to maximized involvement of State, local, Tribal 

governments

• Weed Management Entities– Recognized by the State– Focus on control/eradication and education/knowledge– Members may be: Government (Fed, State, Local, Tribal), NGOs, 

individuals, State-recognized conservation or weed management

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Characteristics of both Grants & Agreements -- Eligible Activities• Education, • inventories and mapping,• management, • monitoring, • methods development, • other capacity building 

activities, including the payment of the cost of personnel and equipment that promote control or eradication of noxious weeds.

• Other activities to control or eradicate noxious weeds or promote the control or eradication of noxious weeds.

• Language in Agreement section differs only slightly:

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Differences between Grants & Agreements• Grants criteria

– extent Federal funds will be used to leverage non-Federal funds (i.e. cost-share)

– Federal share not more than 50%

– Non-Fed share may be cash or kind

• Agreements criteria– No cost-share required

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Differences between Grants & Agreements• Grants

– Applications under regulations to be established by USDA 

• Agreements– No such specific 

requirement

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Differences between Grants & Agreements• Grants

– Extent weed management entity has made progress 

– Extent project will reduce total population

• Agreements– No specific progress 

requirement in Act, but requires evaluation of likelihood of prevention, resolution, or increase of knowledge 

– No such specific requirement

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Differences between Grants & Agreements• Grants

– Special Consideration to States with approved WMEs with Tribal involvement

– No such specific requirement

• Agreements– No such specific 

requirement

– Rapid Response Programs (at request of a Governor)

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Summary

• Implementation details under development

• Total in bill authorized per year as $7.5 million for matching grants, $7.5 million for agreements

• Authorized for years 2005 to 2009

• Under authority of Secretary of Agriculture (PPA activities are delegated to APHIS)

• While authorized for years 2005 to 2009, no appropriated funds are currently available

United States Department of AgricultureAnimal and Plant Health Inspection Service

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301/734301/734--57085708Alan.V.Tasker@usda.govAlan.V.Tasker@usda.gov

APHIS Noxious Weed Program ManagerAPHIS Noxious Weed Program Manager

www.aphis.usda.gov/ppq/weeds