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106th CONGRESS
2d Session
S. 3222
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
October 19 (legislative day, September 22), 2000
Mr. Craig (for himself, Mr. Daschle, Mr. Baucus, Mr. Burns, Mr. Crapo,
Mr. Johnson, and Mr. Smith of Oregon) 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 ``Harmful Nonnative Weed Control Act
of 2000''.
SEC. 2. FINDINGS AND PURPOSES.
(a) Findings.--Congress finds that--
(1) public and private land in the United States faces
unprecedented and severe stress from harmful, nonnative weeds;
(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;
(3) damage caused by harmful nonnative weeds has been
estimated to run in the hundreds of millions of dollars
annually;
(4) successfully fighting this scourge will require
coordinated action by all affected stakeholders, including
Federal, State, and local governments, private landowners, and
nongovernmental organizations;
(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
(6) 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--
(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;
(2) to coordinate the projects with existing weed
management areas and districts;
(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;
(4) to leverage additional funds from a variety of public
and private sources to control or eradicate weeds through local
stakeholders; and
(5) to promote healthy, diverse, and desirable plant
communities by abating through a variety of measures the threat
posed by harmful, nonnative weeds.
SEC. 3. DEFINITIONS.
In this Act:
(1) Advisory committee.--The term ``Advisory Committee''
means the advisory committee established under section 5.
(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.
SEC. 4. ESTABLISHMENT OF PROGRAM.
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.
SEC. 5. ADVISORY COMMITTEE.
(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.
(b) Composition.--The Advisory Committee shall be composed of not
more than 10 individuals appointed by the Secretary who--
(1) have knowledge and experience in harmful, nonnative
weed management; and
(2) represent the range of economic, conservation,
geographic, and social interests affected by harmful, nonnative
weeds.
(c) Term.--The term of a member of the Advisory Committee shall be
4 years.
(d) Compensation.--
(1) In general.--A member of the Advisory Committee shall
receive no compensation for the service of the member on the
Advisory Committee.
(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.
(e) Federal Advisory Committee Act.--The Federal Advisory Committee
Act (5 U.S.C. App.) shall not apply to the Advisory Committee.
SEC. 6. ALLOCATION OF FUNDS TO STATES.
(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.
(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--
(1) the seriousness of the harmful, nonnative weed problem
or potential problem in the State, or a portion of the State;
(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;
(3) the extent to which the State has made progress in
addressing harmful, nonnative weed problems in the State;
(4) the extent to which weed management entities in a State
are eligible for base payments under section 7; and
(5) other factors recommended by the Advisory Committee and
approved by the Secretary.
SEC. 7. USE OF FUNDS ALLOCATED TO STATES.
(a) In General.--A State that receives an allocation of funds under
section 6 for a fiscal year shall use--
(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
(2) not less than 75 percent of the allocation to make
financial awards to weed management entities in accordance with
subsection (c).
(b) Base Payments.--
(1) Use by weed management entities.--
(A) In general.--Base payments under subsection
(a)(1) shall be used by weed management entities--
(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
(ii) for any other purpose relating to the
activities of the weed management entities,
subject to guidelines established by the State.
(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.
(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--
(A) be established by local stakeholders--
(i) to control or eradicate harmful,
nonnative weeds on public or private land; or
(ii) to increase public knowledge and
education concerning the need to control or
eradicate harmful, nonnative weeds on public or
private land;
(B)(i) for the first fiscal year for which the
entity receives a base payment, provide to the State a
description of--
(I) the purposes for which the entity was
established; and
(II) any projects carried out to accomplish
those purposes; and
(ii) for any subsequent fiscal year for which the
entity receives a base 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, nonnative weeds on public or
private land; or
(bb) to increase public knowledge
and education concerning the need to
control or eradicate harmful, nonnative
weeds on public or private land; and
(II) the results of each such activity; and
(C) 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.--Under subparagraph (A), the
Federal share of the cost of carrying out a project
described in subsection (d) shall not exceed 50
percent.
(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 a
base 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.--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--
(A) education, inventories and mapping, management,
monitoring, and similar activities, including the
payment of the cost of personnel and equipment; and
(B) innovative projects, with results that 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 (with equal consideration given to economic
and natural values)--
(A) the seriousness of the harmful, nonnative 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, nonnative
weed problem addressed by the project;
(D) the extent to which the entity has made
progress in addressing harmful, nonnative weed
problems;
(E) the extent to which the project will provide a
comprehensive approach to the control or eradication of
harmful, nonnative weeds;
(F) the extent to which the project will reduce the
total population of a harmful, nonnative weed within
the State; and
(G) 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,
nonnative weed problem to be addressed through a
project using a base payment or financial award
received under this section.
(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.
(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.
(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.
(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.
SEC. 8. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated such sums as are necessary
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