Salt Cedar and Russian Olive Control Demonstration Act
PL 109-320 (H.R.2720), enacted 10/11/2006

120 STAT. 1748
PUBLIC LAW 109–320—OCT. 11, 2006
Public Law 109–320
109th Congress
An Act
To further the purposes of the Reclamation Projects Authorization and Adjustment
Act of 1992 by directing the Secretary of the Interior, acting through the Commis-
sioner of Reclamation, to carry out an assessment and demonstration program
to control salt cedar and Russian olive, and for other purposes.
Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ‘‘Salt Cedar and Russian Olive
Control Demonstration Act’’.
SEC. 2. SALT CEDAR AND RUSSIAN OLIVE CONTROL DEMONSTRATION
PROGRAM.
(a) ESTABLISHMENT.—The Secretary of the Interior (referred
to in this Act as the ‘‘Secretary’’), acting through the Commissioner
of Reclamation and the Director of the United States Geological
Survey and in cooperation with the Secretary of Agriculture and
the Secretary of Defense, shall carry out a salt cedar (Tamarix
spp) and Russian olive (Elaeagnus angustifolia) assessment and
demonstration program—
(1) to assess the extent of the infestation by salt cedar
and Russian olive trees in the western United States;
(2) to demonstrate strategic solutions for—
(A) the long-term management of salt cedar and Rus-
sian olive trees; and
(B) the reestablishment of native vegetation; and
(3) to assess economic means to dispose of biomass created
as a result of removal of salt cedar and Russian olive trees.
(b) MEMORANDUM OF UNDERSTANDING.—As soon as practicable
after the date of enactment of this Act, the Secretary and the
Secretary of Agriculture shall enter into a memorandum of under-
standing providing for the administration of the program estab-
lished under subsection (a).
(c) ASSESSMENT.—
(1) IN
GENERAL.—Not later than 1 year after the date
on which funds are made available to carry out this Act, the
Secretary shall complete an assessment of the extent of salt
cedar and Russian olive infestation on public and private land
in the western United States.
(2) REQUIREMENTS.—In addition to describing the acreage
of and severity of infestation by salt cedar and Russian olive
trees in the western United States, the assessment shall—
(A) consider existing research on methods to control
salt cedar and Russian olive trees;
Deadline.
7 USC 7781 note.
7 USC 7781 note.
Salt Cedar and
Russian Olive
Control
Demonstration
Act.
Oct. 11, 2006
[H.R. 2720]
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120 STAT. 1749
PUBLIC LAW 109–320—OCT. 11, 2006
(B) consider the feasibility of reducing water consump-
tion by salt cedar and Russian olive trees;
(C) consider methods of and challenges associated with
the revegetation or restoration of infested land; and
(D) estimate the costs of destruction of salt cedar and
Russian olive trees, related biomass removal, and revegeta-
tion or restoration and maintenance of the infested land.
(3) REPORT.—
(A) IN GENERAL.—The Secretary shall submit to the
Committee on Energy and Natural Resources and the Com-
mittee on Agriculture, Nutrition, and Forestry of the Senate
and the Committee on Resources and the Committee on
Agriculture of the House of Representatives a report that
includes the results of the assessment conducted under
paragraph (1).
(B) CONTENTS.—The report submitted under subpara-
graph (A) shall identify—
(i) long-term management and funding strategies
identified under subsection (d) that could be imple-
mented by Federal, State, tribal, and private land man-
agers and owners to address the infestation by salt
cedar and Russian olive;
(ii) any deficiencies in the assessment or areas
for additional study; and
(iii) any field demonstrations that would be useful
in the effort to control salt cedar and Russian olive.
(d) LONG-TERM MANAGEMENT STRATEGIES.—
(1) IN GENERAL.—The Secretary shall identify and docu-
ment long-term management and funding strategies that—
(A) could be implemented by Federal, State, tribal,
and private land managers in addressing infestation by
salt cedar and Russian olive trees; and
(B) should be tested as components of demonstration
projects under subsection (e).
(2) GRANTS.—
(A) IN GENERAL.—The Secretary may provide grants
to eligible entities to provide technical experience, support,
and recommendations relating to the identification and
documentation of long-term management and funding
strategies under paragraph (1).
(B) ELIGIBLE
ENTITIES.—Institutions of higher edu-
cation and nonprofit organizations with an established
background and expertise in the public policy issues associ-
ated with the control of salt cedar and Russian olive trees
shall be eligible for a grant under subparagraph (A).
(C) MINIMUM AMOUNT.—The amount of a grant pro-
vided under subparagraph (A) shall be not less than
$250,000.
(e) DEMONSTRATION PROJECTS.—
(1) IN GENERAL.—Not later than 180 days after the date
on which funds are made available to carry out this Act, the
Secretary shall establish a program that selects and funds
not less than 5 projects proposed by and implemented in
collaboration with Federal agencies, units of State and local
government, national laboratories, Indian tribes, institutions
of higher education, individuals, organizations, or soil and water
conservation districts to demonstrate and evaluate the most
Deadline.
Reports.
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120 STAT. 1750
PUBLIC LAW 109–320—OCT. 11, 2006
effective methods of controlling salt cedar and Russian olive
trees.
(2) PROJECT REQUIREMENTS.—The demonstration projects
under paragraph (1) shall—
(A) be carried out over a time period and to a scale
designed to fully assess long-term management strategies;
(B) implement salt cedar or Russian olive tree control
using 1 or more methods for each project in order to assess
the full range of control methods, including—
(i) airborne application of herbicides;
(ii) mechanical removal; and
(iii) biocontrol methods, such as the use of goats
or insects;
(C) individually or in conjunction with other dem-
onstration projects, assess the effects of and obstacles to
combining multiple control methods and determine optimal
combinations of control methods;
(D) assess soil conditions resulting from salt cedar
and Russian olive tree infestation and means to revitalize
soils;
(E) define and implement appropriate final vegetative
states and optimal revegetation methods, with preference
for self-maintaining vegetative states and native vegeta-
tion, and taking into consideration downstream impacts,
wildfire potential, and water savings;
(F) identify methods for preventing the regrowth and
reintroduction of salt cedar and Russian olive trees;
(G) monitor and document any water savings from
the control of salt cedar and Russian olive trees, including
impacts to both groundwater and surface water;
(H) assess wildfire activity and management strategies;
(I) assess changes in wildlife habitat;
(J) determine conditions under which removal of bio-
mass is appropriate (including optimal methods for the
disposal or use of biomass); and
(K) assess economic and other impacts associated with
control methods and the restoration and maintenance of
land.
(f) DISPOSITION OF BIOMASS.—
(1) IN
GENERAL.—Not later than 1 year after the date
on which funds are made available to carry out this Act, the
Secretary, in cooperation with the Secretary of Agriculture,
shall complete an analysis of economic means to use or dispose
of biomass created as a result of removal of salt cedar and
Russian olive trees.
(2) REQUIREMENTS.—The analysis shall—
(A) determine conditions under which removal of bio-
mass is economically viable;
(B) consider and build upon existing research by the
Department of Agriculture and other agencies on beneficial
uses of salt cedar and Russian olive tree fiber; and
(C) consider economic development opportunities,
including manufacture of wood products using biomass
resulting from demonstration projects under subsection (e)
as a means of defraying costs of control.
(g) COSTS.—
Deadline.
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120 STAT. 1751
PUBLIC LAW 109–320—OCT. 11, 2006
(1) IN GENERAL.—With respect to projects and activities
carried out under this Act—
(A) the assessment under subsection (c) shall be carried
out at a cost of not more than $4,000,000;
(B) the identification and documentation of long-term
management strategies under subsection (d)(1) and the
provision of grants under subsection (d)(2) shall be carried
out at a cost of not more than $2,000,000;
(C) each demonstration project under subsection (e)
shall be carried out at a Federal cost of not more than
$7,000,000 
(including 
costs 
of 
planning, 
design,
implementation, maintenance, and monitoring); and
(D) the analysis under subsection (f) shall be carried
out at a cost of not more than $3,000,000.
(2) COST-SHARING.—
(A) IN
GENERAL.—The assessment under subsection
(c), the identification and documentation of long-term
management strategies under subsection (d), a demonstra-
tion project or portion of a demonstration project under
subsection (e) that is carried out on Federal land, and
the analysis under subsection (f) shall be carried out at
full Federal expense.
(B) DEMONSTRATION PROJECTS CARRIED OUT ON NON-
FEDERAL LAND.—
(i) IN GENERAL.—The Federal share of the costs
of any demonstration project funded under subsection
(e) that is not carried out on Federal land shall not
exceed 75 percent.
(ii) FORM OF NON-FEDERAL SHARE.—The non-Fed-
eral share of the costs of a demonstration project that
is not carried out on Federal land may be provided
in the form of in-kind contributions, including services
provided by a State agency or any other public or
private partner.
(h) COOPERATION.—In carrying out the assessment under sub-
section (c), the demonstration projects under subsection (e), and
the analysis under subsection (f), the Secretary shall cooperate
with and use the expertise of Federal agencies and the other entities
specified in subsection (e)(1) that are actively conducting research
on or implementing salt cedar and Russian olive tree control activi-
ties.
(i) INDEPENDENT REVIEW.—The Secretary shall subject to inde-
pendent review—
(1) the assessment under subsection (c);
(2) the identification and documentation of long-term
management strategies under subsection (d);
(3) the demonstration projects under subsection (e); and
(4) the analysis under subsection (f).
(j) REPORTING.—
(1) IN GENERAL.—The Secretary shall submit to Congress
an annual report that describes the results of carrying out
this Act, including a synopsis of any independent review under
subsection (I) and details of the manner and purposes for
which funds are expended.
(2) PUBLIC ACCESS.—The Secretary shall facilitate public
access to all information that results from carrying out this
Act.
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120 STAT. 1752
PUBLIC LAW 109–320—OCT. 11, 2006
LEGISLATIVE HISTORY—H.R. 2720:
HOUSE REPORTS: No. 109–341, Pt. 1 (Comm. on Resources).
CONGRESSIONAL RECORD, Vol. 152 (2006):
May 2, considered and passed House.
Sept. 29, considered and passed Senate.
(k) AUTHORIZATION OF APPROPRIATIONS.—
(1) IN GENERAL.—There are authorized to be appropriated
to carry out this Act—
(A) $20,000,000 for fiscal year 2006; and
(B) $15,000,000 for each of fiscal years 2007 through
2010.
(2) ADMINISTRATIVE COSTS.—Not more than 15 percent of
amounts made available under paragraph (1) shall be used
to pay the administrative costs of carrying out the program
established under subsection (a).
(l) TERMINATION OF AUTHORITY.—This Act and the authority
provided by this Act terminate on the date that is 5 years after
the date of the enactment of this Act.
Approved October 11, 2006.
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