[Congressional Bills 108th Congress]
[From the U.S. Government Publishing Office]
[H.R. 119 Introduced in House (IH)]
108th CONGRESS
1st Session
H. R. 119
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 HOUSE OF REPRESENTATIVES
January 7, 2003
Mr. Hefley introduced the following bill; which was 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
_______________________________________________________________________
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,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Harmful Invasive Weed Control Act''.
SEC. 2. FINDINGS AND PURPOSES.
(a) Findings.--Congress finds the following:
(1) There exists no dedicated, coordinated Federal effort
to address, control, or eradicate harmful, invasive weeds.
(2) Public and private land in the United States faces
unprecedented and severe stress from harmful, invasive weeds.
(3) The economic and resource value of the land is being
destroyed as harmful invasive weeds overtake native vegetation,
making the land unusable for forage and for diverse plant and
animal communities.
(4) Damage caused by harmful invasive weeds has been
estimated to run in the hundreds of millions of dollars
annually.
(5) Successfully fighting this scourge will require
coordinated action by all affected stakeholders, which may
include Federal, State, and local governments, private
landowners, and nongovernmental organizations.
(6) The fight must begin at the local level, since it is at
the local level that persons feel the loss caused by harmful
invasive weeds and will therefore have the greatest motivation
to take effective action.
(7) To date, effective action has been hampered by
inadequate funding at all levels of government and by
inadequate coordination.
(b) Purposes.--The purposes of this Act are the following:
(1) To direct the Secretary to coordinate with the Federal
Interagency Committee for the Management of Noxious and Exotic
Weeds to develop a dedicated program to combat harmful,
invasive weeds.
(2) To provide assistance to eligible weed management
entities in carrying out projects to control or eradicate
harmful, invasive weeds on public and private land.
(3) To coordinate projects with existing weed management
entities, areas, districts, and ongoing partnerships.
(4) 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.
(5) To leverage additional funds from a variety of public
and private sources to control or eradicate weeds through local
stakeholders.
(6) To promote healthy, diverse, and desirable plant
communities by abating through a variety of measures the threat
posed by harmful, invasive weeds.
SEC. 3. DEFINITIONS.
In this Act:
(1) Committee.--The term ``Committee'' means the Federal
Interagency Committee for the Management of Noxious and Exotic
Weeds established through a memorandum of agreement entered
into in August 1994 to implement the requirements of section 15
of the Federal Noxious Weed Act of 1974 (7 U.S.C. 2814).
(2) 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).
(3) Local stakeholder.--
(A) In general.--The term ``local stakeholder''
means an interested party that participates in the
establishment of a weed management entity in a State.
(B) Inclusions.--The term ``local stakeholder''
includes a Federal, State, local, tribal, or private
landowner.
(4) Secretary.--The term ``Secretary'' means the Secretary
of the Interior.
(5) 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.
(6) Weed.--The term ``weed'' means any parasitic or other
kind of plant at any living stage (including seeds and
reproductive parts of such a plant), that--
(A) is of foreign origin;
(B) is new or not widely prevalent in a region,
State, or the United States; and
(C) can directly or indirectly impact other useful
plants, livestock, wildlife resources, or the public
health.
(7) Weed management entity.--The term ``weed management
entity'' means an entity that--
(A) is recognized by the State in which it is
established;
(B) is established by and includes local
stakeholders;
(C) is established for the purpose of controlling
or eradicating harmful, invasive weeds on public or
private land and increasing public knowledge and
education concerning the need to control or eradicate
harmful, invasive weeds on public or private land; and
(D) is multijurisdictional and multidisciplinary in
nature.
SEC. 4. ESTABLISHMENT OF PROGRAM.
The Secretary, in coordination with the Committee, 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, invasive weeds on public and private
land.
SEC. 5. ALLOCATION OF FUNDS TO STATES AND INDIAN TRIBES.
(a) Allocation.--
(1) In general.--Subject to paragraph (2), in consultation
with the Committee, the Secretary shall allocate funds made
available for each fiscal year under section 12 to States and
Indian tribes to provide funding in accordance with sections 6
and 7 to weed management entities to carry out projects
approved by States and Indian tribes to control or eradicate
harmful, invasive weeds on public and private land.
(2) Federal allocation to indian tribes.--Of the funds made
available for allocation under section 12 for each fiscal year,
5 percent shall be--
(A) reserved for allocation to Indian tribes; and
(B) administered by the Committee.
(b) Amount.--The Secretary shall determine the amount of Federal
funds allocated to a State or Indian tribe for a fiscal year under this
section to be used to address a harmful, invasive weed problem in the
State or portion of the State, or on land or in water under the
jurisdiction of the Indian tribe, on the basis of--
(1) the severity or potential severity of the harmful,
invasive weed problem;
(2) the extent to which the Federal funds will be used to
leverage non-Federal funds to address the harmful, invasive
weed problem;
(3) the extent to which the State or Indian tribe has made
progress in addressing harmful, invasive weed problems; and
(4) other factors recommended by the Committee and approved
by the Secretary.
SEC. 6. USE OF FUNDS ALLOCATED TO STATES.
(a) In General.--A State that receives an allocation of funds under
section 5 for a fiscal year shall use--
(1) not more than 25 percent of the allocation to make an
incentive payment to each weed management entity established in
the State, in accordance with subsection (b); and
(2) not less than 75 percent of the allocation to make
financial awards to weed management entities established in the
State, in accordance with subsection (c).
(b) Incentive Payments.--
(1) Use by weed management entities.--
(A) In general.--Incentive payments under
subsection (a)(1) shall be used by weed management
entities--
(i) to encourage the formation of new weed
management entities; or
(ii) to carry out 1 or more projects
described in subsection (d) to improve the
effectiveness of existing weed management
entities or programs.
(B) Duration of payments.--A weed management entity
is eligible to receive an incentive payment under
subparagraph (A) for not more than 3 years in the
aggregate.
(C) Federal share.--
(i) In general.--Except as provided in
clause (ii), for purposes of subparagraph (A),
the Federal share of the cost of carrying out a
project described in subsection (d) shall not
exceed 50 percent.
(ii) Adjustment.--After consultation with
the Secretary, the Governor of a State that
makes either an incentive payment or financial
award under subsection (a) may increase, to a
maximum of 100 percent, such Federal share of a
project that the Governor determines is
necessary to meet the needs of an underserved
area.
(iii) Form of matching funds.--Under
subparagraph (A), the non-Federal share of the
cost of carrying out a project described in
subsection (d) may be provided--
(I) in cash or in kind; or
(II) in the form of Federal funds
made available under a Federal law
other than this Act.
(2) Eligibility of weed management entities.--To be
eligible to obtain an incentive payment under paragraph (1) for
a fiscal year, a weed management entity in a State shall--
(A)(i) for the first fiscal year for which the
entity receives an incentive payment under this
subsection, provide to the State in which it is
established a description of--
(I) the purposes for which the entity was
established; and
(II) any projects to be carried out to
accomplish those purposes; and
(ii) for any subsequent fiscal year for which the
entity receives an incentive payment, provide to the
State--
(I) a description of the activities carried
out by the entity in the previous fiscal year--
(aa) to control or eradicate
harmful, invasive weeds on public or
private land; or
(bb) to increase public knowledge
and education concerning the need to
control or eradicate harmful, invasive
weeds on public or private land; and
(II) the results of each such activity; and
(B) meet such additional eligibility requirements,
and conform to such process for determining
eligibility, as the State may establish.
(c) Financial Awards.--
(1) Use by weed management entities.--
(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).
(B) Federal share.--
(i) In general.--Except as provided in
clause (ii), for purposes of subparagraph (A),
the Federal share of the cost of carrying out a
project described in subsection (d) shall not
exceed 50 percent.
(ii) Adjustment.--After consultation with
the Secretary, the Governor of a State that
makes either an incentive payment or financial
award under subsection (a) may increase, to a
maximum of 100 percent, such Federal share of a
project that the Governor determines is
necessary to meet the needs of an underserved
area.
(iii) Form of matching funds.--Under
subparagraph (A), the non-Federal share of the
cost of carrying out a project described in
subsection (d) may be provided--
(I) in cash or in kind; or
(II) in the form of Federal funds
made available under a Federal law
other than this Act.
(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--
(A) meet the requirements for eligibility for an
incentive payment under subsection (b)(2); and
(B) submit to the State a description of the
project for which the financial award is sought.
(d) Projects.--
(1) In general.--A weed management entity may use a
financial award received under this section to carry out a
project to control or eradicate harmful, invasive weeds on
public or private land, including--
(A) 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
(B) other activities to promote such control or
eradication, if the results of the activities are
disseminated to the public.
(2) Selection of projects.--A State shall select projects
for funding under this section on a competitive basis, taking
into consideration--
(A) the seriousness of the harmful, invasive weed
problem or potential problem addressed by the project;
(B) the likelihood that the project will prevent or
resolve the problem, or increase knowledge about
resolving similar problems in the future;
(C) the extent to which the payment will leverage
non-Federal funds to address the harmful, invasive weed
problem addressed by the project;
(D) the extent to which the recipient weed
management entity has made progress in addressing
harmful, invasive weed problems;
(E) the extent to which the project will provide a
comprehensive approach to the control or eradication of
harmful, invasive weeds;
(F) the extent to which the project will reduce the
total population of a harmful, invasive weed within the
State;
(G) the extent to which the project uses the
principles of integrated vegetation management and
sound science; and
(H) other factors that the State determines to be
relevant.
(3) Scope of projects.--
(A) In general.--A weed management entity shall
determine the geographic scope of the harmful, invasive
weed problem to be addressed through a project using an
incentive payment or financial award received under
this section.
(B) Multiple states.--A weed management entity may
use an incentive payment or financial award under this
section to carry out a project to address the harmful,
invasive weed problem of more than 1 State only if the
entity meets the requirements of all applicable State
laws.
(4) Land.--A weed management entity may use an incentive
payment or financial award received under this section to carry
out a project to control or eradicate weeds on any public land,
or on any private land with the approval of the owner or
operator of the land.
(5) Prohibition on use of funds.--An incentive payment or
financial award under this Act may not be used to carry out a
project--
(A) to control or eradicate animal pests; or
(B) to protect an agricultural commodity (as
defined in section 102 of the Agricultural Trade Act of
1978 (7 U.S.C. 5602)) other than--
(i) livestock (as defined in section 602 of
the Agricultural Trade Act of 1949 (7 U.S.C.
1471); or
(ii) an animal- or insect-based product.
(e) Administrative Costs.--Not more than 5 percent of the funds
made available under section 12 for a fiscal year may be used by the
Federal Government to pay the administrative costs of the program
established by this Act, including the costs of complying with Federal
environmental laws.
(f) Report.--As a condition of the receipt of an incentive payment
or financial award under this Act, a weed management entity in a State
that received such a payment or award shall submit to the Committee 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.
SEC. 7. USE OF FUNDS ALLOCATED TO INDIAN TRIBES.
(a) In General.--The requirements for the use of funds allocated to
States described in section 6 shall apply to the use of funds allocated
to Indian tribes under section 5(a)(2).
(b) Insufficient or Excess Funds.--
(1) Insufficient funds.--If, in any fiscal year, the funds
allocated to Indian tribes under section 5(a)(2) are not
sufficient to provide incentive payments or financial awards to
each weed management entity of an Indian tribe, an Indian tribe
may seek additional funds by participating as a local
stakeholder in the establishment of a weed management entity
that receives assistance under section 6.
(2) Excess funds.--Any excess funds remaining after the
provision of incentive payments or financial awards to weed
management entities of Indian tribes shall be reserved by the
Committee for use in carrying out this Act in the following
fiscal year.
(c) Report.--As a condition of the receipt of an incentive payment
or financial award under this Act, not later than October 30 of each
year, a weed management entity of an Indian tribe that received such a
payment or award in the preceding fiscal year shall submit to the
Committee a report that describes, for that preceding fiscal year, the
purposes for which the payment or award was used.
SEC. 8. FUNDING RECOMMENDATIONS.
The Secretary of Agriculture and the Committee shall make
recommendations to the Secretary regarding--
(1) the annual allocation of funds to States and Indian
tribes under section 5; and
(2) other issues related to funding under this Act.
SEC. 9. LAND-RELATED CONDITIONS.
(a) Consent of Landowner.--Any activity involving real property may
be carried out under this Act only with the consent of the landowner.
(b) No Effect on PILT Payments.--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 ``payments in lieu of
taxes'').
SEC. 10. APPLICABILITY OF OTHER LAWS.
Any activity carried out under this Act shall comply with all other
Federal laws (including regulations), including the Endangered Species
Act of 1973 (16 U.S.C. 1531 et seq.).
SEC. 11. 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.
SEC. 12. 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 2003 through 2007.
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