[Congressional Bills 107th Congress]
[From the U.S. Government Printing 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