[Congressional Bills 107th Congress]
[From the U.S. Government Publishing Office]
[S. 198 Reported in Senate (RS)]
Calendar No. 600
107th CONGRESS
2d Session
S. 198
[Report No. 107-281]
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 SENATE OF THE UNITED STATES
January 29, 2001
Mr. Craig (for himself, Mr. Daschle, Mr. Baucus, Mr Burns, Mr. Conrad,
Mr. Crapo, Mr. Dorgan, Mr. Johnson, Mr. Smith of Oregon, Mr. Inouye,
Mr. Wyden, Mr. Brownback, Mr. Akaka, Mr. Allard, Mr. Ensign, Ms.
Cantwell, and Mr. Hagel) introduced the following bill; which was read
twice and referred to the Committee on Energy and Natural Resources
September 17, 2002
Reported by Mr. Bingaman, with an amendment
[Strike out all after the enacting clause and insert the part printed
in italic]
_______________________________________________________________________
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.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
<DELETED>SECTION 1. SHORT TITLE.</DELETED>
<DELETED> This Act may be cited as the ``Harmful Nonnative Weed
Control Act of 2000''.</DELETED>
<DELETED>SEC. 2. FINDINGS AND PURPOSES.</DELETED>
<DELETED> (a) Findings.--Congress finds that--</DELETED>
<DELETED> (1) public and private land in the United States
faces unprecedented and severe stress from harmful, nonnative
weeds;</DELETED>
<DELETED> (2) the economic and resource value of the land is
being destroyed as harmful nonnative weeds overtake native
vegetation, making the land unusable for forage and for diverse
plant and animal communities;</DELETED>
<DELETED> (3) damage caused by harmful nonnative weeds has
been estimated to run in the hundreds of millions of dollars
annually;</DELETED>
<DELETED> (4) successfully fighting this scourge will
require coordinated action by all affected stakeholders,
including Federal, State, and local governments, private
landowners, and nongovernmental organizations;</DELETED>
<DELETED> (5) the fight must begin at the local level, since
it is at the local level that persons feel the loss caused by
harmful nonnative weeds and will therefore have the greatest
motivation to take effective action; and</DELETED>
<DELETED> (6) to date, effective action has been hampered by
inadequate funding at all levels of government and by
inadequate coordination.</DELETED>
<DELETED> (b) Purposes.--The purposes of this Act are--</DELETED>
<DELETED> (1) to provide assistance to eligible weed
management entities in carrying out projects to control or
eradicate harmful, nonnative weeds on public and private
land;</DELETED>
<DELETED> (2) to coordinate the projects with existing weed
management areas and districts;</DELETED>
<DELETED> (3) in locations in which no weed management
entity, area, or district exists, to stimulate the formation of
additional local or regional cooperative weed management
entities, such as entities for weed management areas or
districts, that organize locally affected stakeholders to
control or eradicate weeds;</DELETED>
<DELETED> (4) to leverage additional funds from a variety of
public and private sources to control or eradicate weeds
through local stakeholders; and</DELETED>
<DELETED> (5) to promote healthy, diverse, and desirable
plant communities by abating through a variety of measures the
threat posed by harmful, nonnative weeds.</DELETED>
<DELETED>SEC. 3. DEFINITIONS.</DELETED>
<DELETED> In this Act:</DELETED>
<DELETED> (1) Advisory committee.--The term ``Advisory
Committee'' means the advisory committee established under
section 5.</DELETED>
<DELETED> (2) Secretary.--The term ``Secretary'' means the
Secretary of the Interior.</DELETED>
<DELETED> (3) State.--The term ``State'' means each of the
several States of the United States, the District of Columbia,
the Commonwealth of Puerto Rico, the Virgin Islands, Guam, the
Commonwealth of the Northern Mariana Islands, and any other
territory or possession of the United States.</DELETED>
<DELETED>SEC. 4. ESTABLISHMENT OF PROGRAM.</DELETED>
<DELETED> The Secretary shall establish in the Office of the
Secretary a program to provide financial assistance through States to
eligible weed management entities to control or eradicate harmful,
nonnative weeds on public and private land.</DELETED>
<DELETED>SEC. 5. ADVISORY COMMITTEE.</DELETED>
<DELETED> (a) In General.--The Secretary shall establish in the
Department of the Interior an advisory committee to make
recommendations to the Secretary regarding the annual allocation of
funds to States under section 6 and other issues related to funding
under this Act.</DELETED>
<DELETED> (b) Composition.--The Advisory Committee shall be composed
of not more than 10 individuals appointed by the Secretary who--
</DELETED>
<DELETED> (1) have knowledge and experience in harmful,
nonnative weed management; and</DELETED>
<DELETED> (2) represent the range of economic, conservation,
geographic, and social interests affected by harmful, nonnative
weeds.</DELETED>
<DELETED> (c) Term.--The term of a member of the Advisory Committee
shall be 4 years.</DELETED>
<DELETED> (d) Compensation.--</DELETED>
<DELETED> (1) In general.--A member of the Advisory
Committee shall receive no compensation for the service of the
member on the Advisory Committee.</DELETED>
<DELETED> (2) Travel expenses.--A member of the Advisory
Committee shall be allowed travel expenses, including per diem
in lieu of subsistence, at rates authorized for an employee of
an agency under subchapter I of chapter 57 of title 5, United
States Code, while away from the home or regular place of
business of the member in the performance of the duties of the
Advisory Committee.</DELETED>
<DELETED> (e) Federal Advisory Committee Act.--The Federal Advisory
Committee Act (5 U.S.C. App.) shall not apply to the Advisory
Committee.</DELETED>
<DELETED>SEC. 6. ALLOCATION OF FUNDS TO STATES.</DELETED>
<DELETED> (a) In General.--In consultation with the Advisory
Committee, the Secretary shall allocate funds made available for each
fiscal year under section 8 to States to provide funding in accordance
with section 7 to eligible weed management entities to carry out
projects approved by States to control or eradicate harmful, nonnative
weeds on public and private land.</DELETED>
<DELETED> (b) Amount.--The Secretary shall determine the amount of
funds allocated to a State for a fiscal year under this section on the
basis of--</DELETED>
<DELETED> (1) the seriousness of the harmful, nonnative weed
problem or potential problem in the State, or a portion of the
State;</DELETED>
<DELETED> (2) the extent to which the Federal funds will be
used to leverage non-Federal funds to address the harmful,
nonnative weed problems in the State;</DELETED>
<DELETED> (3) the extent to which the State has made
progress in addressing harmful, nonnative weed problems in the
State;</DELETED>
<DELETED> (4) the extent to which weed management entities
in a State are eligible for base payments under section 7;
and</DELETED>
<DELETED> (5) other factors recommended by the Advisory
Committee and approved by the Secretary.</DELETED>
<DELETED>SEC. 7. USE OF FUNDS ALLOCATED TO STATES.</DELETED>
<DELETED> (a) In General.--A State that receives an allocation of
funds under section 6 for a fiscal year shall use--</DELETED>
<DELETED> (1) not more than 25 percent of the allocation to
make a base payment to each weed management entity in
accordance with subsection (b); and</DELETED>
<DELETED> (2) not less than 75 percent of the allocation to
make financial awards to weed management entities in accordance
with subsection (c).</DELETED>
<DELETED> (b) Base Payments.--</DELETED>
<DELETED> (1) Use by weed management entities.--</DELETED>
<DELETED> (A) In general.--Base payments under
subsection (a)(1) shall be used by weed management
entities--</DELETED>
<DELETED> (i) to pay the Federal share of
the cost of carrying out projects described in
subsection (d) that are selected by the State
in accordance with subsection (d); or</DELETED>
<DELETED> (ii) for any other purpose
relating to the activities of the weed
management entities, subject to guidelines
established by the State.</DELETED>
<DELETED> (B) Federal share.--Under subparagraph
(A), the Federal share of the cost of carrying out a
project described in subsection (d) shall not exceed 50
percent.</DELETED>
<DELETED> (2) Eligibility of weed management entities.--To
be eligible to obtain a base payment under paragraph (1) for a
fiscal year, a weed management entity in a State shall--
</DELETED>
<DELETED> (A) be established by local stakeholders--
</DELETED>
<DELETED> (i) to control or eradicate
harmful, nonnative weeds on public or private
land; or</DELETED>
<DELETED> (ii) to increase public knowledge
and education concerning the need to control or
eradicate harmful, nonnative weeds on public or
private land;</DELETED>
<DELETED> (B)(i) for the first fiscal year for which
the entity receives a base payment, provide to the
State a description of--</DELETED>
<DELETED> (I) the purposes for which the
entity was established; and</DELETED>
<DELETED> (II) any projects carried out to
accomplish those purposes; and</DELETED>
<DELETED> (ii) for any subsequent fiscal year for
which the entity receives a base payment, provide to
the State--</DELETED>
<DELETED> (I) a description of the
activities carried out by the entity in the
previous fiscal year--</DELETED>
<DELETED> (aa) to control or
eradicate harmful, nonnative weeds on
public or private land; or</DELETED>
<DELETED> (bb) to increase public
knowledge and education concerning the
need to control or eradicate harmful,
nonnative weeds on public or private
land; and</DELETED>
<DELETED> (II) the results of each such
activity; and</DELETED>
<DELETED> (C) meet such additional eligibility
requirements, and conform to such process for
determining eligibility, as the State may
establish.</DELETED>
<DELETED> (c) Financial Awards.--</DELETED>
<DELETED> (1) Use by weed management entities.--</DELETED>
<DELETED> (A) In general.--Financial awards under
subsection (a)(2) shall be used by weed management
entities to pay the Federal share of the cost of
carrying out projects described in subsection (d) that
are selected by the State in accordance with subsection
(d).</DELETED>
<DELETED> (B) Federal share.--Under subparagraph
(A), the Federal share of the cost of carrying out a
project described in subsection (d) shall not exceed 50
percent.</DELETED>
<DELETED> (2) Eligibility of weed management entities.--To
be eligible to obtain a financial award under paragraph (1) for
a fiscal year, a weed management entity in a State shall--
</DELETED>
<DELETED> (A) meet the requirements for eligibility
for a base payment under subsection (b)(2);
and</DELETED>
<DELETED> (B) submit to the State a description of
the project for which the financial award is
sought.</DELETED>
<DELETED> (d) Projects.--</DELETED>
<DELETED> (1) In general.--An eligible weed management
entity may use a base payment or financial award received under
this section to carry out a project relating to the control or
eradication of harmful, nonnative weeds on public or private
land, including--</DELETED>
<DELETED> (A) education, inventories and mapping,
management, monitoring, and similar activities,
including the payment of the cost of personnel and
equipment; and</DELETED>
<DELETED> (B) innovative projects, with results that
are disseminated to the public.</DELETED>
<DELETED> (2) Selection of projects.--A State shall select
projects for funding under this section on a competitive basis,
taking into consideration (with equal consideration given to
economic and natural values)--</DELETED>
<DELETED> (A) the seriousness of the harmful,
nonnative weed problem or potential problem addressed
by the project;</DELETED>
<DELETED> (B) the likelihood that the project will
prevent or resolve the problem, or increase knowledge
about resolving similar problems in the
future;</DELETED>
<DELETED> (C) the extent to which the payment will
leverage non-Federal funds to address the harmful,
nonnative weed problem addressed by the
project;</DELETED>
<DELETED> (D) the extent to which the entity has
made progress in addressing harmful, nonnative weed
problems;</DELETED>
<DELETED> (E) the extent to which the project will
provide a comprehensive approach to the control or
eradication of harmful, nonnative weeds;</DELETED>
<DELETED> (F) the extent to which the project will
reduce the total population of a harmful, nonnative
weed within the State; and</DELETED>
<DELETED> (G) other factors that the State
determines to be relevant.</DELETED>
<DELETED> (3) Scope of projects.--</DELETED>
<DELETED> (A) In general.--A weed management entity
shall determine the geographic scope of the harmful,
nonnative weed problem to be addressed through a
project using a base payment or financial award
received under this section.</DELETED>
<DELETED> (B) Multiple states.--A weed management
entity may use the base payment or financial award to
carry out a project to address the harmful, nonnative
weed problem of more than 1 State if the entity meets
the requirements of applicable State laws.</DELETED>
<DELETED> (4) Land.--A weed management entity may use a base
payment or financial award received under this section to carry
out a project to control or eradicate weeds on any public or
private land with the approval of the owner or operator of the
land, other than land that is devoted to the cultivation of row
crops, fruits, or vegetables.</DELETED>
<DELETED> (5) Prohibition on projects to control aquatic
noxious weeds or animal pests.--A base payment or financial
award under this section may not be used to carry out a project
to control or eradicate aquatic noxious weeds or animal
pests.</DELETED>
<DELETED> (e) Administrative Costs.--Not more than 5 percent of the
funds made available under section 8 for a fiscal year may be used by
the States or the Federal Government to pay the administrative costs of
the program established by this Act, including the costs of complying
with Federal environmental laws.</DELETED>
<DELETED>SEC. 8. AUTHORIZATION OF APPROPRIATIONS.</DELETED>
<DELETED> There are authorized to be appropriated such sums as are
necessary to carry out this Act.</DELETED>
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Noxious Weed Control Act of 2002''.
SEC. 2. DEFINITIONS.
In this Act:
(1) Noxious weed.--The term ``noxious weed'' has the same
meaning as in the Plant Protection Act (7 U.S.C. 7702(10)).
(2) Secretary.--The term ``Secretary'' means the Secretary
of the Interior.
(3) State.--The term ``State'' means each of the several
States of the United States, the District of Columbia, the
Commonwealth of Puerto Rico, the Virgin Islands, Guam, the
Commonwealth of the Northern Mariana Islands, and any other
territory or possession of the United States.
(4) Indian tribe.--The term ``Indian tribe'' has the
meaning given the term in section 4 of the Indian Self-
Determination and Education Assistance Act (25 U.S.C. 450b).
(5) Weed management entity.--The term ``weed management
entity'' means an entity that--
(A) is recognized by the State in which it is
established;
(C) is established for the purpose of controlling
or eradicating harmful, invasive weeds and increasing
public knowledge and education concerning the need to
control or eradicate harmful, invasive weeds; and
(D) is multijurisdictional and multidisciplinary in
nature.
SEC. 3. ESTABLISHMENT OF PROGRAM.
The Secretary shall establish a program to provide financial
assistance through States to eligible weed management entities to
control or eradicate weeds. In developing the program, the Secretary
shall consult with the National Invasive Species Council, the Invasive
Species Advisory Committee, representatives from States and Indian
tribes with weed management entities or that have particular problems
with noxious weeds, and public and private entities with experience in
noxious weed management.
SEC. 4. ALLOCATION OF FUNDS TO STATES AND INDIAN TRIBES.
The Secretary shall allocate funds to States to provide funding to
weed management entities to carry out projects approved by States to
control or eradicate weeds on the basis of the severity or potential
severity of the noxious weed problem, the extent to which the Federal
funds will be used to leverage non-Federal funds, the extent to which
the State has made progress in addressing noxious weed problems, and
such other factors as the Secretary deems relevant. The Secretary shall
provide special consideration for States with approved weed management
entities established by Indian tribes, and may provide an additional
allocation to a State to meet the particular needs and projects that
such a weed management entity will address.
SEC. 5. ELIGIBILITY AND USE OF FUNDS.
(a) Requirements.--The Secretary shall prescribe requirements for
applications by States for funding, including provisions for auditing
of and reporting on the use of funds and criteria to ensure that weed
management entities recognized by the States are capable of carrying
out projects, monitoring and reporting on the use of funds, and are
knowledgeable about and experienced in noxious weed management and
represent private and public interests adversely affected by noxious
weeds. Eligible activities for funding shall include--
(1) applied research to solve locally significant weed
management problems and solutions, except that such research
may not exceed 8 percent of the available funds in any year;
(2) incentive payments to encourage the formation of new
weed management entities, except that such payments may not
exceed 25 percent of the available funds in any year; and
(3) projects relating to the control or eradication of
noxious weeds, including education, inventories and mapping,
management, monitoring, and similar activities, including the
payment of the cost of personnel and equipment that promote
such control or eradication, and other activities to promote
such control or eradication, if the results of the activities
are disseminated to the public.
(b) Project Selection.--A State shall select projects for funding
to a weed management entity on a competitive basis considering--
(1) the seriousness 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 in the future;
(3) the extent to which the payment will leverage non-
Federal funds to address the noxious weed problem addressed by
the project;
(4) the extent to which the weed management entity has made
progress in addressing noxious weed problems;
(5) the extent to which the project will provide a
comprehensive approach to the control or eradication of noxious
weeds;
(6) the extent to which the project will reduce the total
population of a noxious weed;
(7) the extent to which the project uses the principles of
integrated vegetation management and sound science; and
(8) such other factors that the State determines to be
relevant.
(c) Information and Report.--As a condition of the receipt of
funding, States shall require such information from grant recipients as
necessary and shall submit to the Secretary a report that describes the
purposes and results of each project for which the payment or award was
used, by not later than 6 months after completion of the projects.
(d) Federal Share.--The Federal share of any project or activity
approved by a State or Indian tribe under this Act may not exceed 50
percent unless the State meets criteria established by the Secretary
that accommodates situations where a higher percentage is necessary to
meet the needs of an underserved area or addresses a critical need that
cannot be met otherwise.
SEC. 6. LIMITATIONS.
(a) Landowner Consent; Land Under Cultivation.--Any activity
involving real property, either private or public, may be carried out
under this Act only with the consent of the landowner and no project
may be undertaken on property that is devoted to the cultivation of
row crops, fruits, or vegetables.
(b) Compliance With State Law.--A weed management entity may carry
out a project to address the noxious weed problem in more than one
State only if the entity meets the requirements of the State laws in
all States in which the entity will undertake the project.
(c) Use of Funds.--Funding under this Act may not be used to carry
out a project--
(1) to control or eradicate animals, pests, or submerged or
floating noxious aquatic weeds; or
(2) to protect an agricultural commodity (as defined in
section 102 of the Agricultural Trade Act of 1978 (7 U.S.C.
5602)) other than--
(A) livestock (as defined in section 602 of the
Agricultural Trade Act of 1949 (7 U.S.C. 1471); or
(B) an animal- or insect-based product.
SEC. 7. RELATIONSHIP TO OTHER PROGRAMS.
Assistance authorized under this Act is intended to supplement, and
not replace, assistance available to weed management entities, areas,
and districts for control or eradication of harmful, invasive weeds on
public lands and private lands, including funding available under the
Pulling Together Initiative of the National Fish and Wildlife
Foundation; and the provision of funds to any entity under this Act
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 (commonly known as the Payments in Lieu of Taxes Act).
SEC. 8. AUTHORIZATION OF APPROPRIATIONS.
To carry out this Act there is authorized to be appropriated to the
Secretary $100,000,000 for each of fiscal years 2002 through 2006, 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
agencies.
Calendar No. 600
107th CONGRESS
2d Session
S. 198
[Report No. 107-281]
_______________________________________________________________________
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.
_______________________________________________________________________
September 17, 2002
Reported with an amendment