Noxious Weed Control and Eradication Act of 2004

Bill: 108-s-144
Sponsor: Sen. Craig, Larry E. [R-ID]
Introduced: 2003-01-13 in the Senate
Policy area: Public Lands and Natural Resources
Subjects: Agriculture and Food
Ecological research
Economics and Public Finance
Ecosystem management
Environmental Protection
Federal aid to Indians
Federal-Indian relations
Government Operations and Politics
Government paperwork
Grants-in-aid
Indian lands
Landowners
Minorities
Non-native species
Pest control
Science, Technology, Communications
State laws
Weeds

Summary:
action_date: 2003-01-13
text: Noxious Weed Control Act of 2003 - Directs the Secretary of the Interior, with appropriate consultation, to establish a program to provide to eligible weed management entities financial assistance for use in controlling or eradicating noxious weeds through States, the District of Columbia, and U.S. territories (States).
Lists factors the Secretary shall consider in decisions to allocate funding to States, including the severity or potential severity of the noxious weed problem to be addressed by a State. Requires the Secretary to provide special consideration for States that have approved weed management entities established by Indian tribes.
Sets forth eligible activities funds disbursed under this Act can be used for, including: (1) applied research to solve locally significant weed management problems; and (2) projects and activities relating to the control or eradication of noxious weeds, including education.
Lists selection criteria by which States shall choose projects to which to award funds under this Act.
Sets the maximum Federal share of the cost of any project approved by a State or Indian tribe under this Act at 50 percent, with certain exceptions.
Sets limitations on the use of funds disbursed under this Act, including that none be used for projects to control or eradicate animals, pests, or submerged or floating noxious aquatic weeds.
action_date: 2003-02-11
text: Noxious Weed Control Act of 2003 - (Sec. 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. Requires the Secretary, in developing such Program, to consult with the National Invasive Species Council, the Invasive Species Advisory Committee, and representatives from certain States and Indian tribes and public and private entities.
(Sec. 4) Requires the Secretary to allocate funds to States, on the basis of specified criteria, to fund the carrying out by weed management entities of approved projects to control or eradicate weeds. Requires the provision of special consideration for States with approved weed management entities established by tribes, and allows an additional allocation to a State to meet the particular needs and projects that such a weed management entity will address.
(Sec. 5) Directs the Secretary to prescribe requirements for applications by States for funding. Requires States to select projects for funding to a weed management entity on a competitive basis, considering various factors, including: (1) the seriousness of the noxious weed problem; (2) the likelihood that the project will prevent or resolve the problem or increase knowledge about resolving similar problems; (3) the extent to which the weed management entity has made progress in addressing noxious weed problems; and (4) whether the project will reduce the total population of a noxious weed within a State.
Establishes reporting requirements for grant recipients and States. Limits the Federal share of any project or activity approved by a State or Indian tribe under this Act to 50 percent, with exceptions to meet the needs of underserved areas or to address critical needs.
(Sec. 6) Requires the consent of the landowner for any activity carried out under this Act involving real property. Prohibits any project from being undertaken on property that is used for the cultivation of row crops, fruits, or vegetables.
Permits a weed management entity to carry out a project to address the noxious weed problem of more than one State only if the entity meets the requirements of the State laws in all States in which the project will occur.
Prohibits the use of funding under this Act to carry out projects to: (1) control or eradicate animal pests or submerged or floating noxious aquatic weeds; or (2) protect an agricultural commodity other than livestock or an animal- or insect-based product.
(Sec. 7) States that the assistance authorized under this Act is meant to supplement, and not replace, other assistance available for control or eradication of harmful, invasive weeds on public and private lands.
(Sec. 8) Authorizes appropriations for FY 2003 through 2007. Limits to five percent the amount of funding made available for a fiscal year for administrative costs of Federal agencies.
action_date: 2003-03-04
text: 
(This measure has not been amended since it was reported in the Senate on February 11, 2003. The summary of that version is repeated here.)

Noxious Weed Control Act of 2003 - (Sec. 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. Requires the Secretary, in developing such Program, to consult with the National Invasive Species Council, the Invasive Species Advisory Committee, and representatives from certain States and Indian tribes and public and private entities.
(Sec. 4) Requires the Secretary to allocate funds to States, on the basis of specified criteria, to fund the carrying out by weed management entities of approved projects to control or eradicate weeds. Requires the provision of special consideration for States with approved weed management entities established by tribes, and allows an additional allocation to a State to meet the particular needs and projects that such a weed management entity will address.
(Sec. 5) Directs the Secretary to prescribe requirements for applications by States for funding. Requires States to select projects for funding to a weed management entity on a competitive basis, considering various factors, including: (1) the seriousness of the noxious weed problem; (2) the likelihood that the project will prevent or resolve the problem or increase knowledge about resolving similar problems; (3) the extent to which the weed management entity has made progress in addressing noxious weed problems; and (4) whether the project will reduce the total population of a noxious weed within a State.
Establishes reporting requirements for grant recipients and States. Limits the Federal share of any project or activity approved by a State or Indian tribe under this Act to 50 percent, with exceptions to meet the needs of underserved areas or to address critical needs.
(Sec. 6) Requires the consent of the landowner for any activity carried out under this Act involving real property. Prohibits any project from being undertaken on property that is used for the cultivation of row crops, fruits, or vegetables.
Permits a weed management entity to carry out a project to address the noxious weed problem of more than one State only if the entity meets the requirements of the State laws in all States in which the project will occur.
Prohibits the use of funding under this Act to carry out projects to: (1) control or eradicate animal pests or submerged or floating noxious aquatic weeds; or (2) protect an agricultural commodity other than livestock or an animal- or insect-based product.
(Sec. 7) States that the assistance authorized under this Act is meant to supplement, and not replace, other assistance available for control or eradication of harmful, invasive weeds on public and private lands.
(Sec. 8) Authorizes appropriations for FY 2003 through 2007. Limits to five percent the amount of funding made available for a fiscal year for administrative costs of Federal agencies.
action_date: 2004-06-01
text: 
Noxious Weed Control Act of 2004 - (Sec. 3) Directs the Secretary of Agriculture (the Secretary) to establish a program to provide financial assistance through States to eligible weed management entities to control or eradicate weeds. Requires the Secretary, in developing such Program, to consult with the the Secretary of the Interior, representatives from certain States and Indian tribes, and public and private entities.
 
(Sec. 4) Allows the Secretary to allocate funds to States, on the basis of specified criteria, to fund the carrying out by weed management entities of approved projects to control or eradicate weeds. Requires the provision of special consideration for States with approved weed management entities established by tribes, and allows an additional allocation to a State to meet the particular needs and projects that such a weed management entity plans to address. 
(Sec. 5) Directs the Secretary to prescribe requirements for applications by weed management entities for funding under this Act (other than the provision of financial assistance for a rapid response to outbreaks of noxious weeds), including requirements for reporting on the use of the funds received under this Act. Requires the Secretary to select projects for funding on a competitive basis, considering various factors, including: (1) the seriousness of the noxious weed problem; (2) the likelihood that the project will prevent or resolve the problem or increase knowledge about resolving similar problems; and (3) whether the project is likely to reduce the population of a noxious weed within a State. 
Limits the Federal share of any project funded under this Act (other than for a rapid response) to 50 percent, unless: (1) the State meets criteria that accommodates situations where a higher percentage is necessary to meet the needs of an underserved area or addresses a critical need; or (2) the project will be carried out exclusively on Federal lands. 
(Sec. 6) Allows the Bureau of Land Management and Forest Service field offices to provide technical assistance, on a reimbursable basis, to weed management agencies in developing projects and filing applications for funding of projects under this Act (other than for a rapid response). 
(Sec. 7) Requires the consent of the landowner for any activity carried out under this Act (other than for a rapid response) involving real property. Prohibits any project from being undertaken on property that is used for the cultivation of row crops, fruits, or vegetables. 
Permits a weed management entity to carry out a project to address a noxious weed problem of more than one State only if the weed management entity meets the requirements of the State laws in all States in which the project will occur. 
Prohibits the use of funding under this Act (other than for a rapid response) to carry out projects to: (1) control or eradicate animals or pests; or (2) protect an agricultural commodity other than livestock or an animal- or insect-based product. 
(Sec. 8) States that funds authorized under this Act (other than for a rapid response) are meant to supplement, not replace, other assistance available for control or eradication of noxious weeds on Federal and private lands. 
(Sec. 9) Authorizes appropriations for FY 2005 through 2009. Limits to: (1) five percent the amount of funding made available for a fiscal year that may be used by the Secretary for administrative costs of Federal agencies; and (2) ten percent the amount of funding made available for a fiscal year that may be used by States for administrative costs. 
(Sec. 10) Authorizes the Secretary, at the request of a Governor of a State, to provide financial assistance to weed management entities through that State to rapidly respond to outbreaks of noxious weeds that are at a stage at which rapid eradication or control is possible and to ensure their eradication or immediate control. Permits the provision of such assistance only if: (1) there is a demonstrated need; (2) the noxious weed is considered to be an immediate threat to native fish, wildlife, or their habitats; (3) the economic impact of delaying action is considered to be substantial; and (4) the proposed response to such threat is technically feasible, economically responsible, and minimizes adverse impacts to the structure and function of an ecosystem and adverse effects on nontarget species and ecosystems. Permits the Federal share of any project carried out with such assistance to be up to full Federal expense. Instructs the Secretary to require that weed management entities receiving such assistance report on activities carried out with such assistance in the same manner required above for reporting funding received under this Act.
action_date: 2004-10-30
text: 
Noxious Weed Control and Eradication Act of 2004 - Amends the Plant Protection Act to direct the Secretary of Agriculture to establish a grant program to provide financial and technical assistance to weed management entities to control or eradicate noxious weeds. Sets forth criteria for making grants to weed management entities and for the selection for funding of weed eradication projects. Directs the Secretary to give special consideration to States with approved weed management entities established by Indian tribes. 
 
Authorizes the Secretary to enter into agreements with weed management entities for funding of weed eradication activities that take into consideration various factors, including: (1) the severity of the noxious weeds problem or potential problem; (2) the likelihood that the activities will prevent or resolve the weed problem or increase knowledge about resolving similar problems; (3) the extent to which the activities will provide a comprehensive approach to the control or eradication of noxious weeds; (4) the extent to which the activities will improve the overall capacity of the United States to address noxious weed problems; and (5) the extent to which the activities promote cooperation and participation between States that have a common interest in controlling and eradicating noxious weeds. 
 
Authorizes the Secretary to enter into a cooperative agreement with weed management entities to enable rapid response to outbreaks of noxious weeds.
 
States that the assistance authorized under this Act is meant to supplement, and not replace, other assistance available for control or eradication of harmful, invasive weeds on public and private lands.
 
Authorizes appropriations for FY 2005 through 2009. Limits funding for administrative costs to five percent of available funds.


Legislative actions:
action_date: 2004-10-30
text: Became Public Law No: 108-412.
action_date: 2004-10-30
text: Became Public Law No: 108-412.
action_date: 2004-10-30
text: Signed by President.
action_date: 2004-10-30
text: Signed by President.
action_date: 2004-10-21
text: Presented to President.
action_date: 2004-10-21
text: Presented to President.
action_date: 2004-10-18
text: Message on Senate action sent to the House.
action_date: 2004-10-10
text: Senate agreed to House amendment to title of the bill by Unanimous Consent.
action_date: 2004-10-10
text: Resolving differences -- Senate actions: Senate agreed to House amendment to title of the bill by Unanimous Consent.
action_date: 2004-10-10
text: Senate agreed to House amendment to text of the bill by Unanimous Consent. (consideration: CR S11185-11186; text as Senate agreed to House amendment: CR S11185-11186)
action_date: 2004-10-10
text: Resolving differences -- Senate actions: Senate agreed to House amendment to text of the bill by Unanimous Consent.(consideration: CR S11185-11186; text as Senate agreed to House amendment: CR S11185-11186)
action_date: 2004-10-05
text: Message on House action received in Senate and at desk: House amendments to Senate bill.
action_date: 2004-10-04
text: The title of the measure was amended. Agreed to without objection.
action_date: 2004-10-04
text: Motion to reconsider laid on the table Agreed to without objection.
action_date: 2004-10-04
text: On motion to suspend the rules and pass the bill, as amended Agreed to by voice vote. (text: CR H7971-7972)
action_date: 2004-10-04
text: Passed/agreed to in House: On motion to suspend the rules and pass the bill, as amended Agreed to by voice vote.(text: CR H7971-7972)
action_date: 2004-10-04
text: DEBATE - The House proceeded with forty minutes of debate on S. 144.
action_date: 2004-10-04
text: Considered under suspension of the rules. (consideration: CR H7971-7972)
action_date: 2004-10-04
text: Mr. Gibbons moved to suspend the rules and pass the bill, as amended.
action_date: 2004-09-30
text: Placed on the Union Calendar, Calendar No. 438.
action_date: 2004-09-30
text: Committee on Agriculture discharged.
action_date: 2004-09-30
text: Committee on Agriculture discharged.
action_date: 2004-09-07
text: House Committee on Agriculture Granted an extension for further consideration ending not later than Sept. 30, 2004.
action_date: 2004-07-31
text: House Committee on Agriculture Granted an extension for further consideration ending not later than Sept. 7, 2004.
action_date: 2004-07-09
text: House Committee on Agriculture Granted an extension for further consideration ending not later than July 31, 2004.
action_date: 2004-06-01
text: House Committee on Agriculture Granted an extension for further consideration ending not later than July 9, 2004.
action_date: 2004-06-01
text: Reported (Amended) by the Committee on Resources. H. Rept. 108-517, Part I.
action_date: 2004-06-01
text: Reported (Amended) by the Committee on Resources. H. Rept. 108-517, Part I.
action_date: 2004-05-19
text: Ordered to be Reported (Amended) by Unanimous Consent.
action_date: 2004-05-19
text: Committee Consideration and Mark-up Session Held.
action_date: 2004-05-19
text: Subcommittee on National Parks, Recreation and Public Lands Discharged.
action_date: 2004-05-19
text: Subcommittee on Fisheries Conservation, Wildlife and Oceans Discharged.
action_date: 2004-04-29
text: Subcommittee Hearings Held.
action_date: 2003-03-11
text: Referred to the Subcommittee on Conservation, Credit, Rural Development and Research.
action_date: 2003-03-10
text: Referred to the Subcommittee on Fisheries Conservation, Wildlife and Oceans.
action_date: 2003-03-10
text: Referred to the Subcommittee on National Parks, Recreation and Public Lands.
action_date: 2003-03-05
text: 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.
action_date: 2003-03-05
text: 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.
action_date: 2003-03-05
text: 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.
action_date: 2003-03-05
text: Received in the House.
action_date: 2003-03-05
text: Message on Senate action sent to the House.
action_date: 2003-03-04
text: Passed Senate with an amendment by Unanimous Consent. (consideration: CR S3104; text as passed Senate: CR S3104)
action_date: 2003-03-04
text: Passed/agreed to in Senate: Passed Senate with an amendment by Unanimous Consent.(consideration: CR S3104; text as passed Senate: CR S3104)
action_date: 2003-02-27
text: Star Print ordered on the reported bill.
action_date: 2003-02-11
text: Placed on Senate Legislative Calendar under General Orders. Calendar No. 14.
action_date: 2003-02-11
text: Committee on Energy and Natural Resources. Reported by Senator Domenici with an amendment in the nature of a substitute. With written report No. 108-6.
action_date: 2003-02-11
text: Committee on Energy and Natural Resources. Reported by Senator Domenici with an amendment in the nature of a substitute. With written report No. 108-6.
action_date: 2003-02-05
text: Committee on Energy and Natural Resources. Ordered to be reported with an amendment in the nature of a substitute favorably.
action_date: 2003-01-13
text: Read twice and referred to the Committee on Energy and Natural Resources.
action_date: 2003-01-13
text: Sponsor introductory remarks on measure. (CR S231)
action_date: 2003-01-13
text: Introduced in Senate

Enacted as: number: 108-412