I

107TH CONGRESS

1ST SESSION H. R. 1462

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, nonnative weeds on public and private land.

IN THE HOUSE OF REPRESENTATIVES

APRIL 4, 2001

Mr. HEFLEY (for himself, Mr. OTTER, Mr. CANNON, and Mr. KENNEDY of

Rhode Island) introduced the following bill; which was referred to the

Committee on Resources, and in addition to the Committee on Agriculture, for a period to be subsequently determined by the Speaker, in

each case for consideration of such provisions as fall within the jurisdiction of the committee concerned

A BILL

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, nonnative weeds on public and private land.

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 ‘‘Harmful Nonnative

5 Weed Control Act of 2001’’.
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1 SEC. 2. FINDINGS AND PURPOSES.

2 (a) FINDINGS.—Congress finds that—

3 (1) public and private land in the United States

4 faces unprecedented and severe stress from harmful,

5 nonnative weeds;

6 (2) the economic and resource value of the land

7 is being destroyed as harmful nonnative weeds over8 take native vegetation, making the land unusable for

9 forage and for diverse plant and animal commu10 nities;

11 (3) damage caused by harmful nonnative weeds

12 has been estimated to run in the hundreds of mil13 lions of dollars annually;

14 (4) successfully fighting this scourge will re15 quire coordinated action by all affected stakeholders,

16 which may include Federal, State, and local govern17 ments, private landowners, and nongovernmental or18 ganizations;

19 (5) the fight must begin at the local level, since

20 it is at the local level that persons feel the loss

21 caused by harmful nonnative weeds and will there22 fore have the greatest motivation to take effective

23 action; and

24 (6) to date, effective action has been hampered

25 by inadequate funding at all levels of government

26 and by inadequate coordination.
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1 (b) PURPOSES.—The purposes of this Act are—

2 (1) to provide assistance to eligible weed man3 agement entities in carrying out projects to control

4 or eradicate harmful, nonnative weeds on public and

5 private land;

6 (2) to coordinate the projects with existing

7 weed management areas and districts;

8 (3) in locations in which no weed management

9 entity, area, or district exists, to stimulate the for10 mation of additional local or regional cooperative

11 weed management entities, such as entities for weed

12 management areas or districts, that organize locally

13 affected stakeholders to control or eradicate weeds;

14 (4) to leverage additional funds from a variety

15 of public and private sources to control or eradicate

16 weeds through local stakeholders; and

17 (5) to promote healthy, diverse, and desirable

18 plant communities by abating through a variety of

19 measures the threat posed by harmful, nonnative

20 weeds.

21 SEC. 3. DEFINITIONS.

22 In this Act:

23 (1) ADVISORY COMMITTEE.—The term ‘‘Advi24 sory Committee’’ means the advisory committee es25 tablished under section 5.
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1 (2) AGRICULTURAL COMMODITY.—

2 (A) IN GENERAL.—The term ‘‘agricultural

3 commodity’’ has the meaning given the term in

4 section 102 of the Agricultural Trade Act of

5 1978 (7 U.S.C. 5602).

6 (B) EXCLUSIONS.—The term ‘‘agricultural

7 commodity’’ does not include—

8 (i) livestock (as defined in section 602

9 of the Agricultural Act of 1949 (7 U.S.C.

10 1471));

11 (ii) insects; or

12 (iii) any animal- or insect-based prod13 uct.

14 (3) INDIAN TRIBE.—The term ‘Indian tribe’

15 has the meaning given the term in section 4 of the

16 Indian Self-Determination and Education Assistance

17 Act (25 U.S.C. 450b).

18 (4) LOCAL STAKEHOLDER.—

19 (A) IN GENERAL.—The term ‘‘local stake20 holder’’ means an interested party that partici21 pates in the establishment of a weed manage22 ment entity in a State.

23 (B) INCLUSIONS.—The term ‘‘local stake24 holder’’ includes a Federal, State, local, or pri25 vate landowner.
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1 (5) SECRETARY.—The term ‘‘Secretary’’ means

2 the Secretary of the Interior.

3 (6) STATE.—The term ‘‘State’’ means each of

4 the several States of the United States, the District

5 of Columbia, the Commonwealth of Puerto Rico, the

6 Virgin Islands, Guam, the Commonwealth of the

7 Northern Mariana Islands, and any other territory

8 or possession of the United States.

9 SEC. 4. ESTABLISHMENT OF PROGRAM.

10 The Secretary shall establish in the Office of the Sec11 retary a program to provide financial assistance through

12 States to eligible weed management entities to control or

13 eradicate harmful, nonnative weeds on public and private

14 land.

15 SEC. 5. ADVISORY COMMITTEE.

16 (a) IN GENERAL.—The Secretary shall establish in

17 the Department of the Interior an advisory committee to

18 make recommendations to the Secretary regarding—

19 (1) the annual allocation of funds to States and

20 Indian tribes under section 6; and

21 (2) other issues related to funding under this

22 Act.

23 (b) COMPOSITION.—The Advisory Committee shall be

24 composed of not more than 10 individuals appointed by

25 the Secretary who—
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1 (1) have knowledge and experience in harmful,

2 nonnative weed management; and

3 (2) represent the range of economic, conserva4 tion, geographic, and social interests affected by

5 harmful, nonnative weeds.

6 (c) TERM.—The term of a member of the Advisory

7 Committee shall be 4 years.

8 (d) COMPENSATION.—

9 (1) IN GENERAL.—A member of the Advisory

10 Committee shall receive no compensation for the

11 service of the member on the Advisory Committee.

12 (2) TRAVEL EXPENSES.—A member of the Ad13 visory Committee shall be allowed travel expenses,

14 including per diem in lieu of subsistence, at rates

15 authorized for an employee of an agency under sub16 chapter I of chapter 57 of title 5, United States

17 Code, while away from the home or regular place of

18 business of the member in the performance of the

19 duties of the Advisory Committee.

20 (e) FEDERAL ADVISORY COMMITTEE ACT.—The

21 Federal Advisory Committee Act (5 U.S.C. App.) shall not

22 apply to the Advisory Committee.

23 SEC. 6. ALLOCATION OF FUNDS TO STATES AND INDIAN

24 TRIBES.

25 (a) ALLOCATION.—
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1 (1) IN GENERAL.—Subject to paragraph (2), in

2 consultation with the Advisory Committee, the Sec3 retary shall allocate funds made available for each

4 fiscal year under section 11 to States and Indian

5 tribes to provide funding in accordance with sections

6 7 and 8 to eligible weed management entities to

7 carry out projects approved by States and Indian

8 tribes to control or eradicate harmful, nonnative

9 weeds on public and private land.

10 (2) ALLOCATION TO INDIAN TRIBES.—Of the

11 funds made available for allocation under section 11

12 for each fiscal year, 5 percent shall be—

13 (A) reserved for allocation to Indian tribes;

14 and

15 (B) administered by the Advisory Com16 mittee.

17 (b) AMOUNT.—The Secretary shall determine the

18 amount of Federal funds allocated to a State or Indian

19 tribe for a fiscal year under this section to be used to ad20 dress a harmful, nonnative weed problem in the State or

21 portion of the State, or on land under the jurisdiction of

22 the Indian tribe, on the basis of—

23 (1) the severity of the harmful, nonnative weed

24 problem;
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1 (2) the extent to which the Federal funds will

2 be used to leverage non-Federal funds to address the

3 harmful, nonnative weed problem;

4 (3) the extent to which the State or Indian

5 tribe has made progress in addressing harmful, non6 native weed problem; and

7 (4) other factors recommended by the Advisory

8 Committee and approved by the Secretary.

9 SEC. 7. USE OF FUNDS ALLOCATED TO STATES.

10 (a) IN GENERAL.—A State that receives an allocation

11 of funds under section 6 for a fiscal year shall use—

12 (1) not more than 25 percent of the allocation

13 to make an incentive payment to each weed manage14 ment entity in accordance with subsection (b); and

15 (2) not less than 75 percent of the allocation to

16 make financial awards to weed management entities

17 in accordance with subsection (c).

18 (b) INCENTIVE PAYMENTS.—

19 (1) USE BY WEED MANAGEMENT ENTITIES.—

20 (A) IN GENERAL.—Incentive payments

21 under subsection (a)(1) shall be used by weed

22 management entities—

23 (i) to encourage the formation of new

24 weed management entities; or
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1 (ii) to carry out 1 or more projects de2 scribed in subsection (d) to improve the ef3 fectiveness of weed management entities

4 that are least effective in controlling or

5 eradicating harmful, nonnative weeds on

6 public and private land.

7 (B) DURATION OF PAYMENTS.—A weed

8 management entity may be eligible to receive an

9 incentive payment under subparagraph (A) for

10 not more than 5 years in the aggregate.

11 (C) FEDERAL SHARE.—

12 (i) IN GENERAL.—Except as provided

13 in clause (ii), under subparagraph (A), the

14 Federal share of the cost of carrying out a

15 project described in subsection (d) shall

16 not exceed 50 percent.

17 (ii) ADJUSTMENT.—The Governor of

18 a State that makes incentive payments

19 under subsection (a)(1) may increase, to a

20 maximum of 100 percent, the Federal

21 share of the cost of carrying out a project

22 described in subsection (d) that the Gov23 ernor determines is necessary to meet the

24 needs of an underserved area.
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1 (iii) FORM OF MATCHING FUNDS.—

2 Under subparagraph (A), the non-Federal

3 share of the cost of carrying out a project

4 described in subsection (d) may be

5 provided—

6 (I) in cash or in kind; or

7 (II) in the form of Federal funds

8 made available under a Federal law

9 other than this Act.

10 (2) ELIGIBILITY OF WEED MANAGEMENT ENTI11 TIES.—To be eligible to obtain an incentive payment

12 under paragraph (1) for a fiscal year, a weed man13 agement entity in a State shall—

14 (A) be recognized by the State;

15 (B) be established by local stakeholders—

16 (i) to control or eradicate harmful,

17 nonnative weeds on public or private land;

18 or

19 (ii) to increase public knowledge and

20 education concerning the need to control or

21 eradicate harmful, nonnative weeds on

22 public or private land;

23 (C)(i) for the first fiscal year for which the

24 entity receives an incentive payment, provide to

25 the State a description of—
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1 (I) the purposes for which the entity

2 was established; and

3 (II) any projects carried out to accom4 plish those purposes; and

5 (ii) for any subsequent fiscal year for

6 which the entity receives an incentive payment,

7 provide to the State—

8 (I) a description of the activities car9 ried out by the entity in the previous fiscal

10 year—

11 (aa) to control or eradicate harm12 ful, nonnative weeds on public or pri13 vate land; or

14 (bb) to increase public knowledge

15 and education concerning the need to

16 control or eradicate harmful, non17 native weeds on public or private land;

18 and

19 (II) the results of each such activity;

20 and

21 (D) meet such additional eligibility require22 ments, and conform to such process for deter23 mining eligibility, as the State may establish.

24 (c) FINANCIAL AWARDS.—

25 (1) USE BY WEED MANAGEMENT ENTITIES.—
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1 (A) IN GENERAL.—Financial awards under

2 subsection (a)(2) shall be used by weed man3 agement entities to pay the Federal share of

4 the cost of carrying out projects described in

5 subsection (d) that are selected by the State in

6 accordance with subsection (d).

7 (B) FEDERAL SHARE.—

8 (i) IN GENERAL.—Under subpara9 graph (A), the Federal share of the cost of

10 carrying out a project described in sub11 section (d) shall not exceed 50 percent.

12 (ii) FORM OF MATCHING FUNDS.—

13 Under subparagraph (A), the non-Federal

14 share of the cost of carrying out a project

15 described in subsection (d) may be

16 provided—

17 (I) in cash or in kind; or

18 (II) in the form of Federal funds

19 made available under a Federal law

20 other than this Act.

21 (2) ELIGIBILITY OF WEED MANAGEMENT ENTI22 TIES.—To be eligible to obtain a financial award

23 under paragraph (1) for a fiscal year, a weed man24 agement entity in a State shall—
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1 (A) meet the requirements for eligibility

2 for an incentive payment under subsection

3 (b)(2); and

4 (B) submit to the State a description of

5 the project for which the financial award is

6 sought.

7 (d) PROJECTS.—

8 (1) IN GENERAL.—An eligible weed manage9 ment entity may use a financial award received

10 under this section to carry out a project relating to

11 the control or eradication of harmful, nonnative

12 weeds on public or private land, including—

13 (A) education, inventories and mapping,

14 management, monitoring, and similar activities,

15 including the payment of the cost of personnel

16 and equipment; and

17 (B) other activities, the results of which

18 are disseminated to the public.

19 (2) SELECTION OF PROJECTS.—A State shall

20 select projects for funding under this section on a

21 competitive basis, taking into consideration (with

22 equal consideration given to economic and natural

23 values)—
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1 (A) the seriousness of the harmful, non2 native weed problem or potential problem ad3 dressed by the project;

4 (B) the likelihood that the project will pre5 vent or resolve the problem, or increase knowl6 edge about resolving similar problems in the fu7 ture;

8 (C) the extent to which the payment will

9 leverage non-Federal funds to address the

10 harmful, nonnative weed problem addressed by

11 the project;

12 (D) the extent to which the entity has

13 made progress in addressing harmful, nonnative

14 weed problems;

15 (E) the extent to which the project will

16 provide a comprehensive approach to the con17 trol or eradication of harmful, nonnative weeds;

18 (F) the extent to which the project will re19 duce the total population of a harmful, non20 native weed within the State;

21 (G) the extent to which the project uses

22 the principles of integrated vegetation manage23 ment; and

24 (H) other factors that the State deter25 mines to be relevant.
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1 (3) SCOPE OF PROJECTS.—

2 (A) IN GENERAL.—A weed management

3 entity shall determine the geographic scope of

4 the harmful, nonnative weed problem to be ad5 dressed through a project using an incentive

6 payment or financial award received under this

7 section.

8 (B) MULTIPLE STATES.—A weed manage9 ment entity shall not use any incentive payment

10 or financial award to carry out a project to ad11 dress the harmful, nonnative weed problem in

12 more than 1 State.

13 (4) LAND.—A weed management entity may

14 use an incentive payment or financial award received

15 under this section to carry out a project to control

16 or eradicate weeds on any public or private land

17 with the approval of the owner of the land, other

18 than land that is used for production of an agricul19 tural commodity.

20 (5) PROHIBITION ON PROJECTS TO CONTROL

21 AQUATIC NOXIOUS WEEDS OR ANIMAL PESTS.—An

22 incentive payment or financial award under this sec23 tion may not be used to carry out a project to con24 trol or eradicate submerged or floating aquatic nox25 ious weeds or animal pests.
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1 (e) ADMINISTRATIVE COSTS.—Not more than 5 per2 cent of the funds made available under section 11 for a

3 fiscal year may be used by the States or the Federal Gov4 ernment to pay the administrative costs of the program

5 established by this Act, including the costs of complying

6 with Federal environmental laws.

7 (f) REPORT.—As a condition of the receipt of an in8 centive payment or financial award under this Act, not

9 later than October 30 of each year, a weed management

10 entity in a State that received such a payment or award

11 in the preceding fiscal year shall submit to the Advisory

12 Committee a report that describes, for that preceding fis13 cal year, the purposes for which the payment or award

14 was used.

15 SEC. 8. USE OF FUNDS ALLOCATED TO INDIAN TRIBES.

16 (a) IN GENERAL.—The requirements for the use of

17 funds allocated to States described in section 7 shall apply

18 to the use of funds allocated to Indian tribes under section

19 6(a)(2).

20 (b) INSUFFICIENT OR EXCESS FUNDS.—

21 (1) INSUFFICIENT FUNDS.—If, in any fiscal

22 year, the funds allocated to Indian tribes under sec23 tion 6(a)(2) are not sufficient to provide incentive

24 payments or financial awards to each weed manage25 ment entity of an Indian tribe, an Indian tribe may
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1 seek additional funds by participating as a local

2 stakeholder in the establishment of a weed manage3 ment entity that receives assistance under section 7.

4 (2) EXCESS FUNDS.—Any excess funds remain5 ing after the provision of incentive payments or fi6 nancial awards to weed management entities of In7 dian tribes shall be reserved by the Advisory Com8 mittee for use in carrying out this Act in the fol9 lowing fiscal year.

10 (c) REPORT.—As a condition of the receipt of an in11 centive payment or financial award under this Act, not

12 later than October 30 of each year, a weed management

13 entity of an Indian tribe that received such a payment or

14 award in the preceding fiscal year shall submit to the Ad15 visory Committee a report that describes, for that pre16 ceding fiscal year, the purposes for which the payment or

17 award was used.

18 SEC. 9. LAND-RELATED CONDITIONS.

19 (a) CONSENT OF LANDOWNER.—Any activity involv20 ing real property may be carried out under this Act only

21 with the consent of the landowner.

22 (b) NO EFFECT ON PILT PAYMENTS.—The provi23 sion of funds to any entity under this Act shall have no

24 effect on the amount of any payment received by a county

25 from the Federal Government under chapter 69 of title
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1 31, United States Code (commonly known as ‘‘payments

2 in lieu of taxes’’).

3 SEC. 10. APPLICABILITY OF OTHER LAWS.

4 Any activity carried out under this Act shall comply

5 with all other Federal laws (including regulations), includ6 ing the Endangered Species Act of 1973 (16 U.S.C. 1531

7 et seq.).

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