SUBCHAPTER V—NOXIOUS WEED CONTROL AND ERADICATION
§7781. Definitions
In this subchapter:
(1) Indian tribe
The term "Indian Tribe" has the meaning given that term in
(2) 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 or has demonstrable expertise and significant experience in controlling or eradicating noxious weeds and increasing public knowledge and education concerning the need to control or eradicate noxious weeds;
(C) may be multijurisdictional and multidisciplinary in nature;
(D) may include representatives from Federal, State, local, or, where applicable, Indian Tribe governments, private organizations, individuals, and State-recognized conservation districts or State-recognized weed management districts; and
(E) has existing authority to perform land management activities on Federal land if the proposed project or activity is on Federal lands.
(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.
(
Statutory Notes and Related Subsidiaries
Short Title
For short title of this subchapter as the "Noxious Weed Control and Eradication Act of 2004", see section 451 of
Salt Cedar and Russian Olive Control
"SECTION 1. SHORT TITLE.
"This Act may be cited as the 'Salt Cedar and Russian Olive Control Demonstration Act'.
"SEC. 2. SALT CEDAR AND RUSSIAN OLIVE CONTROL DEMONSTRATION PROGRAM.
"(a)
"(1) to assess the extent of the infestation by salt cedar and Russian olive trees in the western United States;
"(2) to demonstrate strategic solutions for—
"(A) the long-term management of salt cedar and Russian olive trees; and
"(B) the reestablishment of native vegetation; and
"(3) to assess economic means to dispose of biomass created as a result of removal of salt cedar and Russian olive trees.
"(b)
"(c)
"(1)
"(2)
"(A) consider existing research on methods to control salt cedar and Russian olive trees;
"(B) consider the feasibility of reducing water consumption by salt cedar and Russian olive trees;
"(C) consider methods of and challenges associated with the revegetation or restoration of infested land; and
"(D) estimate the costs of destruction of salt cedar and Russian olive trees, related biomass removal, and revegetation or restoration and maintenance of the infested land.
"(3)
"(A)
"(B)
"(i) long-term management and funding strategies identified under subsection (d) that could be implemented by Federal, State, tribal, and private land managers and owners to address the infestation by salt cedar and Russian olive;
"(ii) any deficiencies in the assessment or areas for additional study; and
"(iii) any field demonstrations that would be useful in the effort to control salt cedar and Russian olive.
"(d)
"(1)
"(A) could be implemented by Federal, State, tribal, and private land managers in addressing infestation by salt cedar and Russian olive trees; and
"(B) should be tested as components of demonstration projects under subsection (e).
"(2)
"(A)
"(B)
"(C)
"(e)
"(1)
"(2)
"(A) be carried out over a time period and to a scale designed to fully assess long-term management strategies;
"(B) implement salt cedar or Russian olive tree control using 1 or more methods for each project in order to assess the full range of control methods, including—
"(i) airborne application of herbicides;
"(ii) mechanical removal; and
"(iii) biocontrol methods, such as the use of goats or insects;
"(C) individually or in conjunction with other demonstration projects, assess the effects of and obstacles to combining multiple control methods and determine optimal combinations of control methods;
"(D) assess soil conditions resulting from salt cedar and Russian olive tree infestation and means to revitalize soils;
"(E) define and implement appropriate final vegetative states and optimal revegetation methods, with preference for self-maintaining vegetative states and native vegetation, and taking into consideration downstream impacts, wildfire potential, and water savings;
"(F) identify methods for preventing the regrowth and reintroduction of salt cedar and Russian olive trees;
"(G) monitor and document any water savings from the control of salt cedar and Russian olive trees, including impacts to both groundwater and surface water;
"(H) assess wildfire activity and management strategies;
"(I) assess changes in wildlife habitat;
"(J) determine conditions under which removal of biomass is appropriate (including optimal methods for the disposal or use of biomass); and
"(K) assess economic and other impacts associated with control methods and the restoration and maintenance of land.
"(f)
"(1)
"(2)
"(A) determine conditions under which removal of biomass is economically viable;
"(B) consider and build upon existing research by the Department of Agriculture and other agencies on beneficial uses of salt cedar and Russian olive tree fiber; and
"(C) consider economic development opportunities, including manufacture of wood products using biomass resulting from demonstration projects under subsection (e) as a means of defraying costs of control.
"(g)
"(1)
"(A) the assessment under subsection (c) shall be carried out at a cost of not more than $4,000,000;
"(B) the identification and documentation of long-term management strategies under subsection (d)(1) and the provision of grants under subsection (d)(2) shall be carried out at a cost of not more than $2,000,000;
"(C) each demonstration project under subsection (e) shall be carried out at a Federal cost of not more than $7,000,000 (including costs of planning, design, implementation, maintenance, and monitoring); and
"(D) the analysis under subsection (f) shall be carried out at a cost of not more than $3,000,000.
"(2)
"(A)
"(B)
"(i)
"(ii)
"(h)
"(i)
"(1) the assessment under subsection (c);
"(2) the identification and documentation of long-term management strategies under subsection (d);
"(3) the demonstration projects under subsection (e); and
"(4) the analysis under subsection (f).
"(j)
"(1)
"(2)
"(k)
"(1)
"(A) $20,000,000 for fiscal year 2006; and
"(B) $15,000,000 for each of fiscal years 2007 through 2010.
"(2)
"(l)
§7782. 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
(c) Agreements
Subject to the availability of appropriations under
(
§7783. Grants to weed management entities
(a) Consultation and consent
In carrying out a grant under this subchapter, 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 landowner.
(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 relevant.
(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.
(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 section 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 comprehensive 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 relevant.
(g) Regional, State, and local involvement
In determining which projects 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 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 allocation to a State to meet the particular needs and projects that the weed management entity plans to address.
(
§7784. Agreements
(a) Consultation and consent
In carrying out an agreement 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 landowner.
(b) Application of other laws
The Secretary may enter into agreements under this section with weed management entities notwithstanding
(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 comprehensive 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 relevant.
(e) Regional, State, and local involvement
In determining 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 involvement 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.
(
§7785. Relationship to other programs
Funds under this Act (other than those made available for
(
Editorial Notes
References in Text
This Act, referred to in text, probably means the Noxious Weed Control and Eradication Act of 2004, subtitle E (§§451–457) of title IV of
§7786. Authorization of appropriations
(a) Grants
To carry out
(b) Agreements
To carry out
(