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.

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

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.

END