Noxious Weed Control and Eradication Act of 2004
PL 108-412 (S.144), enacted 10/30/2004

118 STAT. 2320
PUBLIC LAW 108–412—OCT. 30, 2004
Public Law 108–412
108th Congress
An Act
To require the Secretary of Agriculture to establish a program to provide assistance
to eligible weed management entities to control or eradicate noxious weeds on
public and private land.
Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled,
SECTION 1. NOXIOUS WEED CONTROL AND ERADICATION.
The Plant Protection Act (7 U.S.C. 7701 et seq.) is amended
by adding at the end the following new subtitle:
‘‘Subtitle E—Noxious Weed Control and
Eradication
‘‘SEC. 451. SHORT TITLE.
‘‘This subtitle may be cited as the ‘Noxious Weed Control and
Eradication Act of 2004’.
‘‘SEC. 452. DEFINITIONS.
‘‘In this subtitle:
‘‘(1) INDIAN
TRIBE.—The term ‘Indian Tribe’ has the
meaning given that term in section 4 of the Indian Self-Deter-
mination and Education Assistance Act (25 U.S.C. 450b).
‘‘(2) WEED MANAGEMENT ENTITY.—The term ‘weed manage-
ment entity’ means an entity that—
‘‘(A) is recognized by the State in which it is estab-
lished;
‘‘(B) is established for the purpose of or has demon-
strable expertise and significant experience in controlling
or eradicating noxious weeds and increasing public knowl-
edge and education concerning the need to control or eradi-
cate noxious weeds;
‘‘(C) may be multijurisdictional and multidisciplinary
in nature;
‘‘(D) may include representatives from Federal, State,
local, or, where applicable, Indian Tribe governments, pri-
vate organizations, individuals, and State-recognized con-
servation districts or State-recognized weed management
districts; and
‘‘(E) has existing authority to perform land manage-
ment activities on Federal land if the proposed project
or activity is on Federal lands.
7 USC 7781.
7 USC 7701 note.
Noxious Weed
Control and
Eradication Act
of 2004.
Oct. 30, 2004
[S. 144]
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118 STAT. 2321
PUBLIC LAW 108–412—OCT. 30, 2004
‘‘(3) FEDERAL
LANDS.—The term ‘Federal lands’ means
those lands owned and managed by the United States Forest
Service or the Bureau of Land Management.
‘‘SEC. 453. ESTABLISHMENT OF PROGRAM.
‘‘(a) IN GENERAL.—The Secretary shall establish a program
to provide financial and technical assistance to control or eradicate
noxious weeds.
‘‘(b) GRANTS.—Subject to the availability of appropriations
under section 457(a), the Secretary shall make grants under section
454 to weed management entities for the control or eradication
of noxious weeds.
‘‘(c) AGREEMENTS.—Subject to the availability of appropriations
under section 457(b), the Secretary shall enter into agreements
under section 455 with weed management entities to provide finan-
cial and technical assistance for the control or eradication of noxious
weeds.
‘‘SEC. 454. GRANTS TO WEED MANAGEMENT ENTITIES.
‘‘(a) CONSULTATION AND CONSENT.—In carrying out a grant
under this subtitle, the weed management entity and the Secretary
shall—
‘‘(1) if the activities funded under the grant will take place
on Federal land, consult with the heads of the Federal agencies
having jurisdiction over the land; or
‘‘(2) obtain the written consent of the non-Federal land-
owner.
‘‘(b) GRANT CONSIDERATIONS.—In determining the amount of
a grant to a weed management entity, the Secretary shall consider—
‘‘(1) the severity or potential severity of the noxious weed
problem;
‘‘(2) the extent to which the Federal funds will be used
to leverage non-Federal funds to address the noxious weed
problem;
‘‘(3) the extent to which the weed management entity has
made progress in addressing the noxious weeds problem; and
‘‘(4) other factors that the Secretary determines to be rel-
evant.
‘‘(c) USE OF GRANT FUNDS; COST SHARES.—
‘‘(1) USE
OF
GRANTS.—A weed management entity that
receives a grant under subsection (a) shall use the grant funds
to carry out a project authorized by subsection (d) for the
control or eradication of a noxious weed.
‘‘(2) COST SHARES.—
‘‘(A) FEDERAL COST SHARE.—The Federal share of the
cost of carrying out an authorized project under this section
exclusively on non-Federal land shall not exceed 50 percent.
‘‘(B) FORM OF NON-FEDERAL COST SHARE.—The non-
Federal share of the cost of carrying out an authorized
project under this section may be provided in cash or
in kind.
‘‘(d) AUTHORIZED PROJECTS.—Projects funded by grants under
this section include the following:
‘‘(1) Education, inventories and mapping, management,
monitoring, methods development, and other capacity building
activities, including the payment of the cost of personnel and
equipment that promote control or eradication of noxious weeds.
7 USC 7783.
7 USC 7782.
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118 STAT. 2322
PUBLIC LAW 108–412—OCT. 30, 2004
‘‘(2) Other activities to control or eradicate noxious weeds
or promote control or eradication of noxious weeds.
‘‘(e) APPLICATION.—To be eligible to receive assistance under
this section, a weed management entity shall prepare and submit
to the Secretary an application containing such information as
the Secretary shall by regulation require.
‘‘(f) SELECTION OF PROJECTS.—Projects funded under this sec-
tion shall be selected by the Secretary on a competitive basis,
taking into consideration the following:
‘‘(1) The severity of the noxious weed problem or potential
problem addressed by the project.
‘‘(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 Federal funds will leverage
non-Federal funds to address the noxious weed problem
addressed by the project.
‘‘(4) The extent to which the program will improve the
overall capacity of the United States to address noxious weed
control and management.
‘‘(5) The extent to which the weed management entity
has made progress in addressing noxious weed problems.
‘‘(6) The extent to which the project will provide a com-
prehensive approach to the control or eradication of noxious
weeds.
‘‘(7) The extent to which the project will reduce the total
population of noxious weeds.
‘‘(8) The extent to which the project promotes cooperation
and participation between States that have common interests
in controlling and eradicating noxious weeds.
‘‘(9) Other factors that the Secretary determines to be rel-
evant.
‘‘(g) REGIONAL, STATE, AND LOCAL INVOLVEMENT.—In deter-
mining which projects receive funding under this section, the Sec-
retary shall, to the maximum extent practicable—
‘‘(1) rely on technical and merit reviews provided by
regional, State, or local weed management experts; and
‘‘(2) give priority to projects that maximize the involvement
of State, local and, where applicable, Indian Tribe governments.
‘‘(h) SPECIAL CONSIDERATION.—The Secretary shall give special
consideration to States with approved weed management entities
established by Indian Tribes and may provide an additional alloca-
tion to a State to meet the particular needs and projects that
the weed management entity plans to address.
‘‘SEC. 455. AGREEMENTS.
‘‘(a) CONSULTATION AND CONSENT.—In carrying out an agree-
ment under this section, the Secretary shall—
‘‘(1) if the activities funded under the agreement will take
place on Federal land, consult with the heads of the Federal
agencies having jurisdiction over the land; or
‘‘(2) obtain the written consent of the non-Federal land-
owner.
‘‘(b) APPLICATION OF OTHER LAWS.—The Secretary may enter
into agreements under this section with weed management entities
notwithstanding sections 6301 through 6309 of title 31, United
7 USC 7784.
Regulations.
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118 STAT. 2323
PUBLIC LAW 108–412—OCT. 30, 2004
States Code, and other laws relating to the procurement of goods
and services for the Federal Government.
‘‘(c) ELIGIBLE ACTIVITIES.—Activities carried out under an
agreement under this section may include the following:
‘‘(1) Education, inventories and mapping, management,
monitoring, methods development, and other capacity building
activities, including the payment of the cost of personnel and
equipment that promote control or eradication of noxious weeds.
‘‘(2) Other activities to control or eradicate noxious weeds.
‘‘(d) SELECTION OF ACTIVITIES.—Activities funded under this
section shall be selected by the Secretary taking into consideration
the following:
‘‘(1) The severity of the noxious weeds problem or potential
problem addressed by the activities.
‘‘(2) The likelihood that the activity will prevent or resolve
the problem, or increase knowledge about resolving similar
problems.
‘‘(3) The extent to which the activity will provide a com-
prehensive approach to the control or eradication of noxious
weeds.
‘‘(4) The extent to which the program will improve the
overall capacity of the United States to address noxious weed
control and management.
‘‘(5) The extent to which the project promotes cooperation
and participation between States that have common interests
in controlling and eradicating noxious weeds.
‘‘(6) Other factors that the Secretary determines to be rel-
evant.
‘‘(e) REGIONAL, STATE, AND LOCAL INVOLVEMENT.—In deter-
mining which activities receive funding under this section, the
Secretary shall, to the maximum extent practicable—
‘‘(1) rely on technical and merit reviews provided by
regional, State, or local weed management experts; and
‘‘(2) give priority to activities that maximize the involve-
ment of State, local, and, where applicable, representatives
of Indian Tribe governments.
‘‘(f) RAPID RESPONSE PROGRAM.—At the request of the Governor
of a State, the Secretary may enter into a cooperative agreement
with a weed management entity in that State to enable rapid
response to outbreaks of noxious weeds at a stage which rapid
eradication and control is possible and to ensure eradication or
immediate control of the noxious weeds if—
‘‘(1) there is a demonstrated need for the assistance;
‘‘(2) the noxious weed is considered to be a significant
threat to native fish, wildlife, or their habitats, as determined
by the Secretary;
‘‘(3) the economic impact of delaying action is considered
by the Secretary to be substantial; and
‘‘(4) the proposed response to such threat—
‘‘(A) is technically feasible;
‘‘(B) economically responsible; and
‘‘(C) minimizes adverse impacts to the structure and
function of an ecosystem and adverse effects on nontarget
species and ecosystems.
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118 STAT. 2324
PUBLIC LAW 108–412—OCT. 30, 2004
LEGISLATIVE HISTORY—S. 144:
HOUSE REPORTS: No. 108–517, Pt. 1 (Comm. on Resources).
SENATE REPORTS: No. 108–6 (Comm. on Energy and Natural Resources).
CONGRESSIONAL RECORD:
Vol. 149 (2003): Mar. 4, considered and passed Senate.
Vol. 150 (2004): Oct. 4, considered and passed House, amended.
Oct. 10, Senate concurred in House amendment.
‘‘SEC. 456. RELATIONSHIP TO OTHER PROGRAMS.
‘‘Funds under this Act (other than those made available for
section 455(f)) are intended to supplement, not replace, assistance
available to weed management entities, areas, and districts for
control or eradication of noxious weeds on Federal lands and non-
Federal lands. The provision of funds to a weed management entity
under this Act (other than those made available for section 455(f))
shall have no effect on the amount of any payment received by
a county from the Federal Government under chapter 69 of title
31, United States Code.
‘‘SEC. 457. AUTHORIZATION OF APPROPRIATIONS.
‘‘(a) GRANTS.—To carry out section 454, there are authorized
to be appropriated to the Secretary $7,500,000 for each of fiscal
years 2005 through 2009, of which not more than 5 percent of
the funds made available for a fiscal year may be used by the
Secretary for administrative costs.
‘‘(b) AGREEMENTS.—To carry out section 455 of this subtitle,
there are authorized to be appropriated to the Secretary $7,500,000
for each of fiscal years 2005 through 2009, of which not more
than 5 percent of the funds made available for a fiscal year may
be used by the Secretary for administrative costs of Federal agen-
cies.’’.
SEC. 2. TECHNICAL AMENDMENT.
The table of sections in section 1(b) of the Agricultural Risk
Protection Act of 2000 is amended by inserting after the item
relating to section 442 the following:
‘‘Subtitle E—Noxious Weed Control and Eradication
‘‘Sec. 451. Short title.
‘‘Sec. 452. Definitions.
‘‘Sec. 453. Establishment of program.
‘‘Sec. 454. Grants to weed management entities.
‘‘Sec. 455. Agreements.
‘‘Sec. 456. Relationship to other programs.
‘‘Sec. 457. Authorization of Appropriations.’’.
Approved October 30, 2004.
7 USC 1501 note.
7 USC 7786.
7 USC 7785.
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