[Congressional Bills 108th Congress]
[From the U.S. Government Printing Office]
[S. 144 Introduced in Senate (IS)]
108th CONGRESS
1st Session
S. 144
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 13, 2003
Mr. Craig (for himself, Mr. Hagel, Mr. Daschle, Mr. Crapo, Mr. Baucus,
Mr. Burns, Mr. Dorgan, Mr. Smith, Mr. Johnson, and Mr. Ensign)
introduced the following bill; which was read twice and referred to the
Committee on Energy and Natural Resources
_______________________________________________________________________
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 ``Noxious Weed Control Act of 2003''.
SEC. 2. DEFINITIONS.
In this Act:
(1) Noxious weed.--The term ``noxious weed'' has the
meaning given the term in section 403 of the Plant Protection
Act (7 U.S.C. 7702).
(2) Secretary.--The term ``Secretary'' means the Secretary
of the Interior.
(3) State.--The term ``State'' means--
(A) each of the several States of the United
States;
(B) the District of Columbia;
(C) the Commonwealth of Puerto Rico;
(D) Guam;
(E) American Samoa;
(F) the Commonwealth of the Northern Mariana
Islands;
(G) the Federated States of Micronesia;
(H) the Republic of the Marshall Islands;
(I) the Republic of Palau; and
(J) the United States Virgin Islands.
(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;
(B) 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
(C) is multijurisdictional and multidisciplinary in
nature.
SEC. 3. ESTABLISHMENT OF PROGRAM.
(a) In General.--As soon as practicable after the date of enactment
of this Act, the Secretary shall establish a program to provide to
eligible weed management entities, through States, financial assistance
for use in controlling or eradicating noxious weeds.
(b) Consultation.--In carrying out subsection (a), the Secretary
shall consult with--
(1) the National Invasive Species Council;
(2) the Invasive Species Advisory Committee;
(3) representatives of States and Indian tribes with weed
management entities or that have particular problems with
noxious weeds; and
(4) public and private entities with experience in noxious
weed management.
SEC. 4. ALLOCATION OF FUNDS TO STATES AND INDIAN TRIBES.
(a) In General.--Funds made available to carry out this Act shall
be allocated by Secretary to each State, for further allocation by the
State to eligible weed management entities in the State for use in
carrying out projects approved by the State to control or eradicate
weeds.
(b) Basis for Allocation.--The Secretary shall allocate funding
among States under subsection (a) based on--
(1) the severity or potential severity of the noxious weed
problem to be addressed by the State;
(2) the extent to which the funds will be used to leverage
non-Federal funds;
(3) the extent to which the State has made progress in
addressing noxious weed problems; and
(4) such other factors as the Secretary determines to be
appropriate.
(c) Special Consideration.--In allocating funds to States under
subsection (a), the Secretary--
(1) shall provide special consideration for States that
have approved weed management entities established by Indian
tribes; and
(2) 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.--
(1) In general.--The Secretary shall prescribe requirements
for applications to be submitted by States seeking allocations
under this Act, including--
(A) provisions for auditing of and reporting on the
use of funds allocated; and
(B) criteria to ensure that any weed management
entity recognized by a State is--
(i) capable of carrying out a project
(including conducting monitoring and reporting
on the use of funds);
(ii) knowledgeable about and experienced in
noxious weed management; and
(iii) represents private and public
interests adversely affected by noxious weeds.
(2) Eligible activities.--Funds allocated by a State to an
eligible weed management agency under this Act may be used--
(A) in an amount not to exceed 8 percent of funds
made available by the State for any fiscal year, for
applied research to solve locally significant weed
management problems and solutions;
(B) in an amount not to exceed 25 percent of funds
made available by the State for any fiscal year, to
make incentive payments to encourage the formation of
new weed management entities; and
(C) to carry out projects and activities relating
to the control or eradication of noxious weeds,
including--
(i) education;
(ii) inventorying and mapping;
(iii) management;
(iv) monitoring; and
(v) any similar activity (including the
payment of the cost of personnel and equipment
that promote the control or eradication of
noxious weeds, and other activities to promote
such control or eradication) on the condition
that the results of the activity be
disseminated to the public.
(b) Project Selection.--A State shall select a project proposed to
be carried out by a weed management entity using funds made available
under this Act--
(1) on a competitive basis; and
(2) after taking into consideration--
(A) the seriousness of the noxious weed problem or
potential problem to be addressed by the project;
(B) the likelihood that the project would prevent
or resolve the problem, or increase knowledge about
resolving similar problems in the future;
(C) the extent to which funds made available under
this Act would leverage non-Federal funds with respect
to the project;
(D) the extent to which the weed management entity
has made progress in addressing noxious weed problems;
(E) the extent to which the project would provide a
comprehensive approach to the control or eradication of
noxious weeds;
(F) the extent to which the project would reduce
the total population of a noxious weed;
(G) the extent to which the project would use the
principles of integrated vegetation management and
sound science; and
(H) such other factors as the State determines to
be appropriate.
(c) Information and Report.--As a condition of the receipt of funds
under this Act--
(1) each weed management entity that receives funds shall
submit to the State in which the weed management entity is
located such information as may be requested by the State; and
(2) not later than 180 days after the date of completion by
a weed management entity of a project for which funds made
available under this Act were used, the State in which the weed
management entity is located shall submit to the Secretary a
report that describes the purposes and results of the project.
(d) Federal Share.--
(1) In general.--Except as provided in paragraph (2), the
Federal share of the cost of any project or activity approved
by a State or Indian tribe under this Act may not exceed 50
percent.
(2) Exception.--Paragraph (1) shall not apply to a noxious
weed control or eradication project in any case in which--
(A) the Secretary establishes criteria that would
apply in any situation in which, with respect to the
noxious weed control or eradication project, a Federal
share greater than 50 percent is necessary--
(i) to meet the needs of an underserved
area; or
(ii) to address a critical need that cannot
be addressed by other means; and
(B) the project meets those criteria, as
demonstrated by the State.
SEC. 6. LIMITATIONS.
(a) Landowner Consent; Land Under Cultivation.--
(1) In general.--Except as provided in paragraph (2), any
activity involving public or private real property may be
carried out under this Act only with the consent of the
landowner.
(2) Land under cultivation.--No project may be carried out
under this Act on real 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 under this Act to address a noxious weed problem in more
than 1 State only if the weed management entity meets the requirements
of the laws of each State in which the project is to be carried out.
(c) Use of Funds.--Funds allocated under this Act shall not be used
to carry out any 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.
(a) Declaration of Policy.--Congress declares that funds allocated
under this Act are intended to supplement, and not replace, assistance
made available to weed management entities, areas, and districts for
control or eradication of harmful, invasive weeds on public and private
land (including funds available under the Pulling Together Initiative
of the National Fish and Wildlife Foundation).
(b) No Effect on PILT Payments.--The allocation 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.
SEC. 8. AUTHORIZATION OF APPROPRIATIONS.
There is authorized to be appropriated to carry out this Act
$100,000,000 for each of fiscal years 2002 through 2006, of which not
more than 5 percent may be used by the Secretary to pay administrative
expenses incurred by the Department of the Interior and other Federal
agencies in carrying out this Act.
<all>