II

104TH CONGRESS

1ST SESSION S. 690

To amend the Federal Noxious Weed Act of 1974 and the Terminal Inspection Act to improve the exclusion, eradication, and control of noxious

weeds and plants, plant products, plant pests, animals, and other organisms within and into the United States, and for other purposes.

IN THE SENATE OF THE UNITED STATES

APRIL 6 (legislative day, APRIL 5), 1995

Mr. AKAKA (for himself, Mr. CAMPBELL, and Mr. DORGAN) introduced the

following bill; which was read twice and referred to the Committee on Agriculture, Nutrition, and Forestry

A BILL

To amend the Federal Noxious Weed Act of 1974 and the

Terminal Inspection Act to improve the exclusion, eradication, and control of noxious weeds and plants, plant

products, plant pests, animals, and other organisms within and into the United States, and for other purposes.

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 ‘‘Federal Noxious Weed

5 Control Improvement Act of 1995’’.
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1 TITLE I—NOXIOUS WEEDS

2 SEC. 101. IMPROVEMENT IN THE EXCLUSION, ERADI3 CATION, AND CONTROL OF NOXIOUS WEEDS

4 IN THE UNITED STATES.

5 The Federal Noxious Weed Act of 1974 (7 U.S.C.

6 2801 et seq.) is amended to read as follows:

7 ‘‘SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

8 ‘‘(a) SHORT TITLE.—This Act may be cited as the

9 ‘Foreign and Federal Noxious Weed Act’.

10 ‘‘(b) TABLE OF CONTENTS.—The table of contents

11 of this Act is as follows:

‘‘Sec. 1. Short title; table of contents.

‘‘Sec. 2. Findings.

‘‘Sec. 3. Definitions.

‘‘TITLE I—MOVEMENT OF FEDERAL NOXIOUS WEED INTO OR

THROUGH THE UNITED STATES

‘‘Sec. 101. Movement of Federal noxious weed into or through the United

States.

‘‘Sec. 102. Identification of Federal noxious weeds.

‘‘Sec. 103. Quarantines.

‘‘Sec. 104. Measures to prevent dissemination of foreign and Federal noxious

weeds.

‘‘Sec. 105. Search of persons, premises, and goods.

‘‘Sec. 106. Penalties.

‘‘Sec. 107. Cooperation with other Federal, State, and local agencies.

‘‘Sec. 108. Authorization of appropriations.

‘‘TITLE II—MANAGEMENT OF UNDESIRABLE PLANTS ON

FEDERAL LANDS

‘‘Sec. 201. Definitions.

‘‘Sec. 202. Federal agency involvement.

‘‘Sec. 203. Authorization of appropriations.

‘‘TITLE III—GENERAL PROVISIONS

‘‘Sec. 301. Effect on inconsistent State and local laws.

‘‘Sec. 302. Regulations.
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1 ‘‘SEC. 2. FINDINGS.

2 ‘‘Congress finds that—

3 ‘‘(1) the importation or introduction in inter4 state commerce of foreign noxious weeds, except

5 under controlled conditions, is detrimental to the en6 vironment, agriculture, and commerce of the United

7 States and to the public health in that the growth

8 and spread of weeds in the United States—

9 ‘‘(A) interfere with the growth of useful

10 plants;

11 ‘‘(B) clog waterways and interfere with

12 navigation;

13 ‘‘(C) cause disease or have other adverse

14 effects on the environment; and

15 ‘‘(D) directly or indirectly interfere with

16 natural resources, agriculture, forestry, native

17 ecosystems, and the management of ecosystems;

18 ‘‘(2) uncontrolled distribution within the United

19 States of foreign noxious weeds, after importation or

20 introduction of the weeds, has similar detrimental

21 effects;

22 ‘‘(3) the distribution of noxious weeds poses

23 long-term problems for natural resources, agri24 culture, and native or natural ecosystems and eco25 system management, including—
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1 ‘‘(A) economic injury to natural resources,

2 agriculture, and the economy of the United

3 States;

4 ‘‘(B) impedance of interstate and foreign

5 commerce; and

6 ‘‘(C) diminishment of biodiversity in native

7 ecosystems of the United States; and

8 ‘‘(4) in light of the adverse consequences of un9 controlled importation or distribution of foreign nox10 ious weeds, the regulation of foreign noxious weeds

11 as provided in this Act is necessary to protect inter12 state and foreign commerce and the public welfare.

13 ‘‘SEC. 3. DEFINITIONS.

14 ‘‘As used in this Act:

15 ‘‘(1) ADVISORY PANEL.—The term ‘Advisory

16 Panel’ means the Noxious Weed Technical Advisory

17 Panel established under section 102(e).

18 ‘‘(2) AUTHORIZED INSPECTOR.—The term ‘au19 thorized inspector’ means an employee of the De20 partment, or an employee of any other agency of the

21 Federal Government or of any State or other gov22 ernmental agency that is cooperating with the De23 partment in the administration of this Act, who is

24 authorized by the Secretary to perform assigned du25 ties under this Act.
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1 ‘‘(3) DEPARTMENT.—The term ‘‘Department’’

2 means the United States Department of Agriculture.

3 ‘‘(4) EMERGENCY.—The term ‘emergency’

4 means an unforeseen combination of circumstances

5 or the resulting state that calls for immediate action,

6 as determined by the Secretary.

7 ‘‘(5) FEDERAL NOXIOUS WEED.—The term

8 ‘Federal noxious weed’ means a foreign noxious

9 weed that is identified as appropriate for control

10 under this Act and included in the Federal noxious

11 weed list established pursuant to a regulation issued

12 under section 102(b).

13 ‘‘(6) FEDERAL NOXIOUS WEED LIST.—The

14 term ‘Federal noxious weed list’ means the list pre15 pared by the Secretary that contains the names of

16 all Federal noxious weeds.

17 ‘‘(7) FOREIGN NOXIOUS WEED.—The term ‘for18 eign noxious weed’ means a plant species, including

19 all reproductive parts of the species, that the Sec20 retary determines—

21 ‘‘(A) is of foreign origin;

22 ‘‘(B) can directly or indirectly interfere

23 with an agroecosystem, native ecosystem, or the

24 management of an ecosystem, or cause injury to

25 public health; and
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1 ‘‘(C)(i) has not been introduced into the

2 United States;

3 ‘‘(ii) is determined by the Secretary to be

4 likely to be introduced into the United States;

5 ‘‘(iii) is new to the United States; or

6 ‘‘(iv) has not expanded beyond suscepti7 bility to containment within a geographic region

8 or ecological range of the United States.

9 ‘‘(8) INTERFERE.—The term ‘interfere’ means

10 to injure, harm, or impair an agroecosystem or na11 tive or natural ecosystem in the environment or com12 merce.

13 ‘‘(9) INTERSTATE MOVEMENT.—The term

14 ‘interstate movement’ means movement from any

15 State into or through any other State.

16 ‘‘(10) MOVE.—The term ‘move’ means deposit

17 for transmission in the mails, ship, offer for ship18 ment, offer for entry, import, receive for transpor19 tation, carry, or otherwise transport.

20 ‘‘(11) SECRETARY.—The term ‘Secretary’

21 means the Secretary of Agriculture or a designee of

22 the Secretary.

23 ‘‘(12) STATE.—The term ‘State’ means a State,

24 the District of Columbia, the Commonwealth of
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1 Puerto Rico, and a territory or possession of the

2 United States.

3 ‘‘(13) UNITED STATES.—The term ‘United

4 States’, when used in a geographic sense, means all

5 of the States and territories and possessions.

6 ‘‘TITLE I—MOVEMENT OF FED7 ERAL NOXIOUS WEED INTO

8 OR THROUGH THE UNITED

9 STATES

10 ‘‘SEC. 101. MOVEMENT OF FEDERAL NOXIOUS WEED INTO

11 OR THROUGH THE UNITED STATES.

12 ‘‘(a) PERMIT REQUIRED.—No person shall knowingly

13 move any Federal noxious weed, into or through the

14 United States or interstate, unless the movement is—

15 ‘‘(1) authorized under a general or specific per16 mit from the Secretary; and

17 ‘‘(2) made in accordance with such conditions

18 as the Secretary may prescribe in the permit and in

19 such regulations as the Secretary may issue under

20 section 302 to prevent the dissemination into or

21 within the United States, or interstate, of the Fed22 eral noxious weed.

23 ‘‘(b) REFUSAL TO ISSUE PERMIT.—

24 ‘‘(1) IN GENERAL.—The Secretary may refuse

25 to issue a permit under subsection (a) for the move-
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1 ment of a Federal noxious weed if the Secretary de2 termines that the movement would involve a danger

3 of dissemination of the Federal noxious weed into or

4 within the United States or interstate.

5 ‘‘(2) REASON FOR REFUSAL.—If the Secretary

6 refuses to issue a permit under paragraph (1), the

7 Secretary shall publish the reasons for the refusal in

8 the Federal Register.

9 ‘‘(c) PROHIBITIONS.—No person shall knowingly sell,

10 purchase, barter, exchange, give, deliver, or receive any

11 Federal noxious weed that has been moved in violation of

12 subsection (a).

13 ‘‘SEC. 102. IDENTIFICATION OF FEDERAL NOXIOUS WEEDS.

14 ‘‘(a) FEDERAL NOXIOUS WEEDS LIST.—The Sec15 retary shall maintain a Federal noxious weed list contain16 ing the names of all Federal noxious weeds identified by

17 the Secretary under subsection (b).

18 ‘‘(b) INCLUSION BY REGULATION.—

19 ‘‘(1) REGULATION PROCESS.—

20 ‘‘(A) IN GENERAL.—Except as provided in

21 paragraph (2), a plant species may be identified

22 as a Federal noxious weed and included in the

23 Federal noxious weed list only pursuant to a

24 regulation issued by the Secretary.
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1 ‘‘(B) NOTICE AND HEARING.—The regula2 tion shall be issued only after publication of a

3 notice of the proposed regulation and, when re4 quested by any interested person, a public hear5 ing on the proposed regulation.

6 ‘‘(C) BASIS.—The regulation shall—

7 ‘‘(i) be based on the information re8 ceived at any such hearing, comments, and

9 other information available to the Sec10 retary; and

11 ‘‘(ii) require a determination by the

12 Secretary that—

13 ‘‘(I) the plant is a foreign nox14 ious weed (within the meaning of sec15 tion 3(7)); and

16 ‘‘(II) the dissemination of the

17 weed in the United States may rea18 sonably be expected to interfere with

19 natural resources, agriculture, for20 estry, or a native ecosystem or the

21 management of an ecosystem, or

22 cause injury to public health.

23 ‘‘(2) EMERGENCY DESIGNATION.—

24 ‘‘(A) IN GENERAL.—In an emergency, the

25 Secretary may temporarily designate a plant
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1 species as a Federal noxious weed if the Sec2 retary determines that the plant species meets

3 the definition of a foreign noxious weed.

4 ‘‘(B) DURATION.—The temporary designa5 tion shall remain in effect until the Secretary

6 initiates and completes the regulation process in

7 accordance with paragraph (1).

8 ‘‘(C) NOTICE.—The Secretary shall pro9 vide notice of the temporary designation to in10 terested parties, including importers, State

11 agencies, and the general public, at the time the

12 emergency is declared.

13 ‘‘(c) ADDITIONS TO AND REMOVALS FROM NOXIOUS

14 WEED LIST.—

15 ‘‘(1) PETITION PROCESS.—

16 ‘‘(A) IN GENERAL.—Any interested person

17 may petition the Secretary to add a plant spe18 cies to, or remove a plant species from, the

19 Federal noxious weed list.

20 ‘‘(B) DETERMINATION.—To the maximum

21 extent practicable, not later than 90 days after

22 receiving a petition, the Secretary shall deter23 mine whether the petition presents an assess24 ment of potential damage based on scientific in25 formation indicating that the plant species in-
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1 volved should be added to or removed from the

2 Federal noxious weed list.

3 ‘‘(C) PUBLICATION.—The Secretary shall

4 publish each determination made under this

5 paragraph in the Federal Register.

6 ‘‘(2) REVIEW BY ADVISORY PANEL.—If the Sec7 retary determines that a petition presents scientific

8 information described in paragraph (1)(B), the Sec9 retary shall forward the petition to the Advisory

10 Panel for the review and advice of the panel.

11 ‘‘(3) FINDINGS.—Not later than 1 year after

12 receiving a petition under paragraph (1) determined

13 to present scientific information described in para14 graph (1)(B), and after considering the advice of the

15 Advisory Panel, the Secretary shall make 1 of the

16 following findings:

17 ‘‘(A) The petitioned action is not war18 ranted.

19 ‘‘(B) The petitioned action is warranted, in

20 which case (except as provided in subparagraph

21 (C)) the Secretary shall commence the proce22 dure described in subsection (b)(1) to add the

23 plant species involved to, or remove the plant

24 species from, the Federal noxious weed list.
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1 ‘‘(C) The petitioned action is warranted,

2 except that—

3 ‘‘(i) immediate promulgation of a reg4 ulation implementing the petitioned action

5 is precluded by pending proposals to iden6 tify Federal noxious weeds; and

7 ‘‘(ii) expeditious progress is being

8 made to add the plant species to the Fed9 eral noxious weed list.

10 ‘‘(4) PUBLICATION.—The Secretary shall pub11 lish a finding made under paragraph (3) in the Fed12 eral Register, with a description and evaluation of

13 the reasons and data on which the finding is based.

14 ‘‘(d) CLASSIFICATION SYSTEM AND INTEGRATED

15 MANAGEMENT PLAN.—

16 ‘‘(1) CLASSIFICATION SYSTEM.—The Secretary

17 shall develop a classification system to describe the

18 status and action levels for foreign noxious weeds

19 and Federal noxious weeds. The classification sys20 tem shall include, for each foreign noxious weed or

21 Federal noxious weed, the current geographic dis22 tribution, relative threat, and actions initiated to

23 prevent introduction or distribution.

24 ‘‘(2) INTEGRATED MANAGEMENT PLAN.—The

25 Secretary shall develop an integrated management
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1 plan for each foreign noxious weed or Federal nox2 ious weed introduced into the United States for the

3 geographic region or ecological range where the weed

4 is found in the United States. The plan may include

5 the use of a permanent or temporary quarantine es6 tablished under section 103.

7 ‘‘(3) CONSULTATION.—The Secretary shall de8 velop the classification system and integrated man9 agement plans in consultation with the Advisory

10 Panel.

11 ‘‘(e) NOXIOUS WEED TECHNICAL ADVISORY

12 PANEL.—

13 ‘‘(1) ESTABLISHMENT.—The Secretary shall

14 appoint a Noxious Weed Technical Advisory Panel

15 consisting of 6 individuals to—

16 ‘‘(A) assist the Secretary in—

17 ‘‘(i) the identification of foreign nox18 ious weeds for inclusion on the Federal

19 noxious weed list;

20 ‘‘(ii) the development of integrated

21 management plans; and

22 ‘‘(iii) other matters relating to the ad23 ministration of this Act; and
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1 ‘‘(B) recommend to the Secretary any for2 eign noxious weed that should be added to or

3 deleted from the Federal noxious weed list.

4 ‘‘(2) MEMBERS.—The members of the Advisory

5 Panel shall be appointed by the Secretary from

6 among persons who have professional or working

7 knowledge of agroecosystems or native or natural

8 ecosystems management. In appointing the mem9 bers, the Secretary shall ensure that there is 1 rep10 resentative from each of the North Central, North11 eastern, Southern, Southwestern, Northwestern, and

12 Western regions of the United States, and that each

13 of the following entities is represented:

14 ‘‘(A) An environmental organization.

15 ‘‘(B) A State agency with weed manage16 ment responsibility.

17 ‘‘(C) A land grant college or university.

18 ‘‘(D) A weed science society.

19 ‘‘(E) A trade association.

20 ‘‘(F) An ecologist.

21 ‘‘(3) EX OFFICIO MEMBERS.—The Advisory

22 Panel shall also include a representative of each of

23 the following agencies, who shall serve as ex officio

24 members of the Advisory Panel:
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1 ‘‘(A) The Animal and Plant Health Inspec2 tion Service of the Department.

3 ‘‘(B) The Agricultural Research Service of

4 the Department.

5 ‘‘(C) A Representative of the Federal

6 Interagency Committee for the Management of

7 Noxious and Exotic Weeds.

8 ‘‘(D) A Federal agency with land manage9 ment responsibilities.

10 ‘‘(4) COMPENSATION.—A member of the Advi11 sory Panel who is not a Federal employee shall re12 ceive compensation while on official business in the

13 form of reimbursement for travel and per diem ex14 penses, to be paid by the Secretary in accordance

15 with subchapter I of chapter 57 of title 5, United

16 States Code.

17 ‘‘(5) ANNUAL REPORT.—The Advisory Panel

18 shall submit to the Secretary, the Committee on Ag19 riculture of the House of Representatives, and the

20 Committee on Agriculture, Nutrition, and Forestry

21 of the Senate an annual report describing the activi22 ties of the Advisory Panel during the preceding year.

23 ‘‘SEC. 103. QUARANTINES.

24 ‘‘(a) IN GENERAL.—The Secretary may establish by

25 regulation such quarantines as are necessary to prevent
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1 the importation or introduction, or control the distribu2 tion, of a Federal noxious weed.

3 ‘‘(b) TEMPORARY QUARANTINE.—

4 ‘‘(1) AUTHORIZED.—If the Secretary has rea5 son to believe that an infestation of a foreign nox6 ious weed exists in any State, the Secretary may by

7 order—

8 ‘‘(A) temporarily quarantine the State or a

9 portion of the State; and

10 ‘‘(B) restrict or prohibit the interstate

11 movement from the quarantined area of any

12 products and articles of any character, and

13 means of conveyance, capable of carrying the

14 foreign noxious weed.

15 ‘‘(2) TIME PERIOD OF QUARANTINE.—A tem16 porary quarantine ordered under paragraph (1) may

17 not extend for more than 1 year after the date on

18 which the order is issued, unless the order is re19 newed by the Secretary.

20 ‘‘(3) EXPEDITED CONSIDERATION FOR LIST21 ING.—Not later than the end of the 1-year period

22 referred to in paragraph (2), the Secretary shall de23 termine whether or not the foreign noxious weed in24 volved should be added to the Federal noxious weed

25 list established pursuant to section 102(b). The Sec-
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1 retary shall make the determination in consultation

2 with the Advisory Panel.

3 ‘‘(c) PROHIBITION.—It shall be unlawful for any per4 son to move interstate or intrastate from a quarantined

5 area any product, article, or means of conveyance specified

6 in the regulation or order establishing the quarantine, ex7 cept in accordance with the regulation or order.

8 ‘‘(d) RELATIONSHIP OF QUARANTINES TO OTHER

9 ACTIVITIES.—The establishment of a quarantine shall not

10 be required in order for the Secretary to regulate the

11 interstate movement, sale, or distribution of a foreign nox12 ious weed.

13 ‘‘SEC. 104. MEASURES TO PREVENT DISSEMINATION OF

14 FOREIGN AND FEDERAL NOXIOUS WEEDS.

15 ‘‘(a) EMERGENCY DISPOSAL.—

16 ‘‘(1) DISPOSAL AUTHORITY.—Subject to sub17 section (c), if the Secretary determines that action

18 under this paragraph is necessary as an emergency

19 measure to prevent the dissemination of any foreign

20 noxious weed or Federal noxious weed, the Secretary

21 may seize, quarantine, treat, destroy, or otherwise

22 dispose of any product or article of any character,

23 or means of conveyance, that—
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1 ‘‘(A) is moving into or through the United

2 States or interstate, with bond or otherwise;

3 and

4 ‘‘(B) the Secretary has reason to believe is

5 infested by the foreign noxious weed or Federal

6 noxious weed, in violation of this Act or any

7 regulation issued under this Act.

8 ‘‘(2) METHOD OF DISPOSAL.—Subject to sub9 section (c), the Secretary may dispose of a product,

10 article, or means of conveyance seized under this

11 subsection in such manner as the Secretary consid12 ers appropriate.

13 ‘‘(b) ORDERS REQUIRING DISPOSAL.—

14 ‘‘(1) DISPOSAL ORDERS.—

15 ‘‘(A) IN GENERAL.—Subject to subsection

16 (c), the Secretary may order the owner (or

17 agent of the owner) of any product, article, or

18 means of conveyance contaminated with a for19 eign noxious weed or Federal noxious weed sub20 ject to disposal under subsection (a) to treat,

21 destroy, or otherwise dispose of the product, ar22 ticle, or means of conveyance of a foreign nox23 ious weed or Federal noxious weed, without cost

24 to the Federal Government and in such manner

25 as the Secretary considers appropriate.
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1 ‘‘(B) ENFORCEMENT.—The Secretary may

2 apply to the United States District Court or the

3 judicial district in which the owner or agent re4 sides or transacts business or in which the

5 product, article, means of conveyance of a for6 eign noxious weed or Federal noxious weed is

7 found, for enforcement of the order by injunc8 tion.

9 ‘‘(C) PROCESS.—Process in the case may

10 be served in any judicial district in which the

11 defendant resides or transacts business or may

12 be found. A subpoena for a witness who is re13 quired to attend a court in any judicial district

14 in such a case may be served in any other judi15 cial district.

16 ‘‘(c) DESTRUCTION, EXPORT, OR RETURN AS THE

17 LEAST DRASTIC ACTION.—No product, article, or means

18 of conveyance shall be destroyed, exported, or returned to

19 the shipping point of origin, or ordered to be destroyed,

20 exported, or returned to the shipping point of origin under

21 this section, unless in the opinion of the Secretary there

22 is no less drastic action that would be adequate to prevent

23 the dissemination of a foreign noxious weed or Federal

24 noxious weed within the United States or interstate.
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1 ‘‘(d) CIVIL ACTION AGAINST UNITED STATES BY

2 OWNER.—

3 ‘‘(1) IN GENERAL.—The owner of any product,

4 article, or means of conveyance destroyed or other5 wise disposed of by the Secretary under this section

6 may bring an action against the United States in a

7 Federal district court, not later than 1 year after

8 the destruction or disposal, to recover just com9 pensation for the destruction or disposal (other than

10 compensation for loss due to delays incident to de11 termining the eligibility of the product, article, or

12 conveyance for movement under this Act), if the

13 owner establishes that the destruction or disposal

14 was not authorized under this Act.

15 ‘‘(2) PAYMENT OF JUDGMENT.—Any judgment

16 rendered in favor of the owner shall be paid out of

17 sums in the Treasury of the United States appro18 priated for the administration of this Act.

19 ‘‘SEC. 105. SEARCH OF PERSONS, PREMISES, AND GOODS.

20 ‘‘(a) WARRANTLESS SEARCHES.—An authorized in21 spector, if properly identified, shall have the authority,

22 without a warrant, to stop any person or means of convey23 ance moving into or through the United States, and to

24 inspect any product or article of any character moving into

25 or through the United States, if the authorized inspector
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1 has probable cause to believe that the person or means

2 of conveyance is moving a foreign noxious weed or Federal

3 noxious weed regulated under this Act, or a product or

4 article containing a foreign noxious weed or Federal nox5 ious weed regulated under this Act.

6 ‘‘(b) WARRANT SEARCHES.—

7 ‘‘(1) IN GENERAL.—An authorized inspector

8 shall have authority, with a warrant, to enter any

9 premises in the United States for purposes of an in10 spection or other action necessary to carry out this

11 Act.

12 ‘‘(2) ISSUANCE OF WARRANTS.—A judge of the

13 United States or of a court of record of any State,

14 or a United States magistrate judge, may within the

15 jurisdiction of the judge or magistrate judge, on

16 proper oath or affirmation showing probable cause

17 to believe that there are on certain premises any

18 product, article, or means of conveyance contami19 nated with a foreign noxious weed or Federal nox20 ious weed plant regulated under this Act, issue a

21 warrant for the entry of the premises for purposes

22 of any inspection or other action necessary to carry

23 out this Act, except as otherwise provided in section

24 107.
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1 ‘‘(3) EXECUTION OF WARRANTS.—The warrant

2 may be executed by any authorized inspector or any

3 United States marshal.

4 ‘‘SEC. 106. PENALTIES.

5 ‘‘(a) IN GENERAL.—Any person who knowingly vio6 lates section 101 or 103, or any regulation issued to carry

7 out section 101 or 103, shall be fined not more than

8 $100,000 or imprisoned not more than 1 year, or both.

9 ‘‘(b) PECUNIARY GAIN OR LOSS.—If any person de10 rives pecuniary gain from an offense described in sub11 section (a), or if the offense results in pecuniary loss to

12 a person other than the defendant, the defendant may be

13 fined not more than an amount that is the greater of twice

14 the gross gain or twice the gross loss, unless imposition

15 of a fine under this subsection would unduly complicate

16 or prolong the imposition of a fine or sentence under sub17 section (a).

18 ‘‘SEC. 107. COOPERATION WITH OTHER FEDERAL, STATE,

19 AND LOCAL AGENCIES.

20 ‘‘(a) COOPERATION AUTHORIZED.—

21 ‘‘(1) IN GENERAL.—The Secretary shall cooper22 ate with other Federal agencies, agencies of States

23 and political subdivisions of States, agriculture pro24 ducer associations and similar organizations, and in25 dividuals in carrying out operations or measures in
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1 the United States to prevent, retard, eradicate, sup2 press, control, or manage the spread of a foreign

3 noxious weed or Federal noxious weed.

4 ‘‘(2) COOPERATORS.—The Secretary may ap5 point employees of other Federal agencies, and em6 ployees of agencies of any State or political subdivi7 sion of the State, to assist in the administration of

8 this Act, pursuant to cooperative agreements with

9 the agencies, if the Secretary determines that the

10 appointments would facilitate administration of this

11 Act.

12 ‘‘(b) CONDITIONS ON COOPERATION.—In performing

13 an operation or measure authorized by subsection (a), the

14 cooperating State or other governmental agency shall be

15 responsible for the authority necessary to carry out the

16 operation or measure on all lands and properties, subject

17 to coordination with landowners and land managers within

18 the State or other jurisdiction involved.

19 ‘‘SEC. 108. AUTHORIZATION OF APPROPRIATIONS.

20 ‘‘(a) IN GENERAL.—There are authorized to be ap21 propriated such sums as are necessary to carry out this

22 title.

23 ‘‘(b) LIMITATION.—Unless specifically authorized in

24 other laws or provided for in appropriations, no part of

25 sums made available under subsection (a) shall be used
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1 to pay the cost or value of property disposed of under sec2 tion 104.

3 ‘‘TITLE II—MANAGEMENT OF UN4 DESIRABLE PLANTS ON FED5 ERAL LANDS

6 ‘‘SEC. 201. DEFINITIONS.

7 ‘‘As used in this title:

8 ‘‘(1) COOPERATIVE AGREEMENT.—The term

9 ‘cooperative agreement’ means a written agreement

10 between a Federal agency and a State agency en11 tered into pursuant to this title.

12 ‘‘(2) FEDERAL AGENCY.—The term ‘Federal

13 agency’ means a department or agency of the Fed14 eral Government responsible for administering or

15 managing Federal lands under the jurisdiction of the

16 department, agency, or bureau.

17 ‘‘(3) FEDERAL LAND.—The term ‘Federal land’

18 means land managed by or under the jurisdiction of

19 the Federal Government.

20 ‘‘(4) INTEGRATED MANAGEMENT SYSTEM.—The

21 term ‘integrated management system’ means a sys22 tem for the planning and implementation of a pro23 gram, using an interdisciplinary approach, to com24 prehensively manage an undesirable plant species or
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1 group of species using all available methods, includ2 ing—

3 ‘‘(A) education;

4 ‘‘(B) preventive measures;

5 ‘‘(C) physical or mechanical methods;

6 ‘‘(D) biological agents;

7 ‘‘(E) herbicide methods;

8 ‘‘(F) cultural methods; and

9 ‘‘(G) general land management practices,

10 such as manipulation of livestock or wildlife

11 grazing strategies or improving wildlife or live12 stock habitat.

13 ‘‘(5) INTERDISCIPLINARY APPROACH.—The

14 term ‘interdisciplinary approach’ means an approach

15 to making decisions regarding the containment or

16 control of an undesirable plant species or group of

17 species, that—

18 ‘‘(A) includes participation by personnel of

19 Federal or State agencies with experience in

20 areas including weed science, range science,

21 wildlife biology, land management, and forestry;

22 and

23 ‘‘(B) includes consideration of—
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1 ‘‘(i) the most efficient and effective

2 method of containing or controlling the un3 desirable plant species over the long term;

4 ‘‘(ii) scientific studies and current

5 technologies;

6 ‘‘(iii) the physiology and habitat of a

7 plant species and the associated environ8 ment of the plant species; and

9 ‘‘(iv) the economic, social, ecological,

10 and human health consequences of carry11 ing out the approach.

12 ‘‘(6) STATE AGENCY.—The term ‘State agency’

13 means a State department of agriculture, or other

14 State agency or political subdivision of a State, re15 sponsible for the administration or implementation

16 of laws of the State regulating undesirable plants.

17 ‘‘(7) UNDESIRABLE PLANT.—The term ‘unde18 sirable plant’ means a plant species that is classified

19 as undesirable, noxious, harmful, exotic, injurious, or

20 poisonous, pursuant to State or Federal law. A spe21 cies listed as an endangered or threatened species

22 under the Endangered Species Act of 1973 (16

23 U.S.C. 1531 et seq.) shall not be designated as an

24 undesirable plant under this paragraph and the term

25 shall not include a plant indigenous to an area
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1 where control measures are to be taken under this

2 title.

3 ‘‘SEC. 202. FEDERAL AGENCY INVOLVEMENT.

4 ‘‘(a) DUTIES OF AGENCIES.—The head of each Fed5 eral agency shall—

6 ‘‘(1) designate an office and person adequately

7 trained in the management of undesirable plants to

8 develop and coordinate an undesirable plant manage9 ment program for the control of undesirable plants

10 on Federal land under the jurisdiction of the agency;

11 ‘‘(2) establish and adequately fund an undesir12 able plant management program through the budg13 etary process of the agency;

14 ‘‘(3) complete and carry out cooperative agree15 ments with State agencies regarding the manage16 ment of undesirable plants on Federal land under

17 the jurisdiction of the agency; and

18 ‘‘(4) establish integrated management systems

19 to control or contain undesirable plants targeted

20 under cooperative agreements.

21 ‘‘(b) ENVIRONMENTAL IMPACT STATEMENTS.—If an

22 environmental assessment or environmental impact state23 ment is required under the National Environmental Policy

24 Act of 1969 (42 U.S.C. 4321 et seq.) to carry out an inte25 grated management system to manage undesirable plants
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1 under this section, a Federal agency shall complete the

2 assessment or statement not later than 1 year after the

3 requirement for the assessment or statement is deter4 mined.

5 ‘‘(c) COOPERATIVE AGREEMENTS WITH STATE

6 AGENCIES.—

7 ‘‘(1) IN GENERAL.—A Federal agency shall

8 enter into a cooperative agreement with a State

9 agency to coordinate the management of undesirable

10 plants on Federal land under the jurisdiction of the

11 Federal agency.

12 ‘‘(2) CONTENTS OF PLAN.—A cooperative

13 agreement entered into pursuant to paragraph (1)

14 shall—

15 ‘‘(A) prioritize and target undesirable

16 plants or groups of undesirable plants to be

17 controlled or contained within a specific geo18 graphic area;

19 ‘‘(B) describe the integrated management

20 system to be used to control or contain the tar21 geted undesirable plants or group of undesirable

22 plants; and

23 ‘‘(C) detail the means of carrying out the

24 integrated management system, define the du25 ties of the Federal agency and the State agency
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1 in carrying out the system, and establish a

2 timeframe for the initiation and completion of

3 the tasks specified in the system.

4 ‘‘(d) EXCEPTION.—A Federal agency shall not be re5 quired to carry out programs on Federal land under this

6 section unless similar programs are being carried out gen7 erally on State or private land in the same area.

8 ‘‘(e) COORDINATION.—

9 ‘‘(1) IN GENERAL.—The Secretary of Agri10 culture, Secretary of Defense, Secretary of Energy,

11 Secretary of the Interior, and Secretary of Trans12 portation, acting through the Federal Interagency

13 Committee for the Management of Noxious and Ex14 otic Weeds, shall take such actions as are necessary

15 to coordinate Federal agency programs for control,

16 research, and educational efforts associated with

17 Federal, State, and locally designated noxious weeds.

18 ‘‘(2) DUTIES.—The Federal Interagency Com19 mittee for the Management of Noxious and Exotic

20 Weeds, in consultation with the appropriate Assist21 ant Secretaries, shall—

22 ‘‘(A) identify regional priorities for noxious

23 weed control in cooperation with the appro24 priate States;
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1 ‘‘(B) incorporate into technical guides re2 gionally appropriate technical information; and

3 ‘‘(C) disseminate the technical information

4 to interested State, local, and private entities.

5 ‘‘(3) COST SHARE ASSISTANCE.—The Secretary

6 may provide cost share assistance to State and local

7 agencies to manage noxious weeds in an area if a

8 majority of landowners in the area agree to partici9 pate in a noxious weed management program.

10 ‘‘SEC. 203. AUTHORIZATION OF APPROPRIATIONS.

11 ‘‘There are authorized to be appropriated to carry out

12 this title such sums as are necessary for fiscal years 1995

13 through 1999.

14 ‘‘TITLE III—GENERAL

15 PROVISIONS

16 ‘‘SEC. 301. EFFECT ON INCONSISTENT STATE AND LOCAL

17 LAWS.

18 ‘‘This Act shall not invalidate the law of any State

19 or political subdivision of a State relating to foreign nox20 ious weeds or Federal noxious weeds, except that a State

21 or political subdivision of a State may not permit any ac22 tion that is prohibited under this Act.

23 ‘‘SEC. 302. REGULATIONS.

24 ‘‘The Secretary may issue such regulations as are

25 necessary to carry out this Act.’’.
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1 SEC. 102. EFFECT OF AMENDMENT ON PREVIOUS LISTING

2 OF NOXIOUS WEEDS.

3 (a) DEFINITION OF NOXIOUS WEED.—In this sec4 tion, the term ‘‘noxious weed’’ has the meaning given the

5 term in section 3(c) of the Federal Noxious Weed Act of

6 1974 (7 U.S.C. 2802(c)), as in effect on the day before

7 the date of enactment of this Act.

8 (b) INCLUSION ON NEW FEDERAL LIST OF NOXIOUS

9 WEEDS.—Each noxious weed identified by the Secretary

10 of Agriculture in a regulation issued before the date of

11 enactment of this Act shall be considered to be a Federal

12 noxious weed and included on the Federal noxious weed

13 list for purposes of the Foreign and Federal Noxious Weed

14 Act (as amended by section 101).

15 TITLE II—STATE TERMINAL

16 INSPECTION

17 SEC. 201. INSPECTION OF ANIMALS AND OTHER ORGA18 NISMS.

19 The matter under the heading ‘‘ENFORCEMENT OF

20 THE PLANT-QUARANTINE ACT:’’ under the heading ‘‘MIS21 CELLANEOUS’’ of the Act of March 4, 1915 (commonly

22 known as the ‘‘Terminal Inspection Act’’) (38 Stat. 1113,

23 chapter 144; 7 U.S.C. 166) is amended—

24 (1) in the second paragraph—

25 (A) by striking ‘‘plants and plant prod26 ucts’’ each place it appears and inserting
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1 ‘‘plants, plant products, animals, and other or2 ganisms’’;

3 (B) by striking ‘‘plants or plant products’’

4 each place it appears and inserting ‘‘plants,

5 plant products, animals, or other organisms’’;

6 (C) by striking ‘‘plant-quarantine law or

7 plant-quarantine regulation’’ each place it ap8 pears and inserting ‘‘plant-quarantine or other

9 law or regulation’’; and

10 (D) in the last sentence, by striking ‘‘be

11 forward’’ and inserting ‘‘be forwarded’’; and

12 (2) in the third paragraph, by striking ‘‘plant

13 or plant product’’ and inserting ‘‘plant, plant prod14 uct, animal, or other organism’’.

15 SEC. 202. INSPECTION OF ITEMS ON STATE LISTS.

16 The second sentence of the second paragraph of the

17 matter under the heading ‘‘ENFORCEMENT OF THE

18 PLANT-QUARANTINE ACT:’’ under the heading ‘‘MIS19 CELLANEOUS’’ of the Act of March 4, 1915 (commonly

20 known as the ‘‘Terminal Inspection Act’’) (38 Stat. 1113,

21 chapter 144; 7 U.S.C. 166) is amended—

22 (1) by striking ‘‘Upon his approval of said list,

23 in whole or in part, the Secretary of Agriculture’’

24 and inserting ‘‘On the receipt of the list by the Sec25 retary of Agriculture, the Secretary’’; and
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1 (2) by striking ‘‘said approved lists’’ and insert2 ing ‘‘the list’’.

3 SEC. 203. WARRANTS.

4 The second paragraph of the matter under the head5 ing ‘‘ENFORCEMENT OF THE PLANT-QUARANTINE ACT:’’

6 under the heading ‘‘MISCELLANEOUS’’ of the Act of

7 March 4, 1915 (commonly known as the ‘‘Terminal In8 spection Act’’) (38 Stat. 1113, chapter 144; 7 U.S.C. 166)

9 is amended by inserting after the second sentence the fol10 lowing: ‘‘On the request of a representative of a State,

11 a Federal agency shall act on behalf of the State to obtain

12 a warrant to inspect mail to carry out this paragraph.’’.

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