7 U.S.C. § 7781 — Definitions

Page 2103 TITLE 7—AGRICULTURE § 7781 Office Department and transferred its functions to United States Postal Service. Functions of all officers, agencies, and employees of Department of Agriculture transferred, with certain ex- ceptions, to Secretary of Agriculture by 1953 Reorg. Plan No. 2, § 1, eff. June 4, 1953, 18 F.R. 3219, 67 Stat. 633, set out as a note under section 2201 of this title. § 7761. Repealed. Pub. L. 113–79, title X, § 10007(c), Feb. 7, 2014, 128 Stat. 947 Section, Pub. L. 110–234, title X, § 10202, May 22, 2008, 122 Stat. 1342; Pub. L. 110–246, § 4(a), title X, § 10202, June 18, 2008, 122 Stat. 1664, 2104; Pub. L. 112–240, title VII, § 701(g)(2), Jan. 2, 2013, 126 Stat. 2366, related to the Na- tional Clean Plant Network. See section 7721(e) of this title. SUBCHAPTER IV—AUTHORIZATION OF APPROPRIATIONS § 7771. Authorization of appropriations There are authorized to be appropriated such amounts as may be necessary to carry out this chapter. Except as specifically authorized by law, no part of the money appropriated under this section shall be used to pay indemnities for property injured or destroyed by or at the direc- tion of the Secretary. (Pub. L. 106–224, title IV, § 441, June 20, 2000, 114 Stat. 455.) Editorial Notes REFERENCES IN TEXT This chapter, referred to in text, was in the original ‘‘this title’’, meaning title IV of Pub. L. 106–224, June 20, 2000, 114 Stat. 438, known as the Plant Protection Act, which is classified principally to this chapter. For complete classification of title IV to the Code, see Short Title note set out under section 7701 of this title and Tables. Statutory Notes and Related Subsidiaries TRANSFER OF FUNCTIONS For transfer of functions of the Secretary of Agri- culture relating to agricultural import and entry in- spection activities under this chapter to the Secretary of Homeland Security, and for treatment of related ref- erences, see sections 231, 551(d), 552(d), and 557 of Title 6, Domestic Security, and the Department of Homeland Security Reorganization Plan of November 25, 2002, as modified, set out as a note under section 542 of Title 6. § 7772. Transfer authority (a) Authority to transfer certain funds In connection with an emergency in which a plant pest or noxious weed threatens any seg- ment of the agricultural production of the United States, the Secretary may transfer from other appropriations or funds available to the agencies or corporations of the Department of Agriculture such amounts as the Secretary con- siders necessary to be available in the emer- gency for the arrest, control, eradication, and prevention of the spread of the plant pest or noxious weed and for related expenses. (b) Availability Any funds transferred under this section shall remain available for such purposes without fis- cal year limitation. (c) Secretarial discretion The action of any officer, employee, or agent of the Secretary in carrying out this Act, in- cluding determining the amount of and making any payment authorized to be made under this chapter, shall not be subject to a review by any officer or employee of the Federal Government other than the Secretary or the designee of the Secretary. (Pub. L. 106–224, title IV, § 442, June 20, 2000, 114 Stat. 455; Pub. L. 107–171, title VII, § 7504(b), May 13, 2002, 116 Stat. 466; Pub. L. 110–234, title X, § 10203(b), May 22, 2008, 122 Stat. 1342; Pub. L. 110–246, § 4(a), title X, § 10203(b), June 18, 2008, 122 Stat. 1664, 2104.) Editorial Notes REFERENCES IN TEXT This Act, referred to in subsec. (c), is Pub. L. 106–224, June 20, 2000, 114 Stat. 358, known as the Agricultural Risk Protection Act of 2000. For complete classification of this Act to the Code, see Short Title of 2000 Amend- ment note set out under section 1501 of this title and Tables. This chapter, referred to in subsec. (c), was in the original ‘‘this title’’, meaning title IV of Pub. L. 106–224, June 20, 2000, 114 Stat. 438, known as the Plant Protection Act, which is classified principally to this chapter. For complete classification of title IV to the Code, see Short Title note set out under section 7701 of this title and Tables. CODIFICATION Pub. L. 110–234 and Pub. L. 110–246 made identical amendments to this section. The amendments by Pub. L. 110–234 were repealed by section 4(a) of Pub. L. 110–246. Similar provisions relating to authority to transfer funds for emergency arrest of animal, poultry, or plant diseases or pests were contained in section 129 of Title 21, Food and Drugs, prior to its omission from the Code, and similar provisions relating to authority to transfer funds for emergency arrest of animal or poultry dis- eases were contained in section 129a of Title 21, prior to repeal by Pub. L. 107–171, title X, § 10418(a)(1), May 13, 2002, 116 Stat. 507. AMENDMENTS 2008—Subsec. (c). Pub. L. 110–246, § 10203(b), struck out ‘‘of longer than 60 days’’ after ‘‘review’’. 2002—Subsec. (c). Pub. L. 107–171 added subsec. (c). Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 2008 AMENDMENT Amendment of this section and repeal of Pub. L. 110–234 by Pub. L. 110–246 effective May 22, 2008, the date of enactment of Pub. L. 110–234, see section 4 of Pub. L. 110–246, set out as an Effective Date note under section 8701 of this title. TRANSFER OF FUNCTIONS For transfer of functions of the Secretary of Agri- culture relating to agricultural import and entry in- spection activities under this chapter to the Secretary of Homeland Security, and for treatment of related ref- erences, see sections 231, 551(d), 552(d), and 557 of Title 6, Domestic Security, and the Department of Homeland Security Reorganization Plan of November 25, 2002, as modified, set out as a note under section 542 of Title 6. 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 section 5304 of title 25. Page 2104 TITLE 7—AGRICULTURE § 7781 (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 expe- rience 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 multi- disciplinary in nature; (D) may include representatives from Fed- eral, State, local, or, where applicable, In- dian Tribe governments, private organiza- tions, individuals, and State-recognized con- servation 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 Fed- eral lands. (3) Federal lands The term ‘‘Federal lands’’ means those lands owned and managed by the United States For- est Service or the Bureau of Land Manage- ment. (Pub. L. 106–224, title IV, § 452, as added Pub. L. 108–412, § 1, Oct. 30, 2004, 118 Stat. 2320.) 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 Pub. L. 106–224, set out as a note under section 7701 of this title. SALT CEDAR AND RUSSIAN OLIVE CONTROL Pub. L. 109–320, Oct. 11, 2006, 120 Stat. 1748, provided that: ‘‘SECTION 1. SHORT TITLE. ‘‘This Act may be cited as the ‘Salt Cedar and Rus- sian Olive Control Demonstration Act’. ‘‘SEC. 2. SALT CEDAR AND RUSSIAN OLIVE CON- TROL DEMONSTRATION PROGRAM. ‘‘(a) ESTABLISHMENT.—The Secretary of the Interior (referred to in this Act as the ‘Secretary’), acting through the Commissioner of Reclamation and the Di- rector of the United States Geological Survey and in cooperation with the Secretary of Agriculture and the Secretary of Defense, shall carry out a salt cedar (Tamarix spp) and Russian olive (Elaeagnus angustifolia) assessment and demonstration program— ‘‘(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 Rus- sian olive trees. ‘‘(b) MEMORANDUM OF UNDERSTANDING.—As soon as practicable after the date of enactment of this Act [Oct. 11, 2006], the Secretary and the Secretary of Agri- culture shall enter into a memorandum of under- standing providing for the administration of the pro- gram established under subsection (a). ‘‘(c) ASSESSMENT.— ‘‘(1) IN GENERAL.—Not later than 1 year after the date on which funds are made available to carry out this Act, the Secretary shall complete an assessment of the extent of salt cedar and Russian olive infesta- tion on public and private land in the western United States. ‘‘(2) REQUIREMENTS.—In addition to describing the acreage of and severity of infestation by salt cedar and Russian olive trees in the western United States, the assessment shall— ‘‘(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 associ- ated with the revegetation or restoration of in- fested land; and ‘‘(D) estimate the costs of destruction of salt cedar and Russian olive trees, related biomass re- moval, and revegetation or restoration and mainte- nance of the infested land. ‘‘(3) REPORT.— ‘‘(A) IN GENERAL.—The Secretary shall submit to the Committee on Energy and Natural Resources and the Committee on Agriculture, Nutrition, and Forestry of the Senate and the Committee on Re- sources [now Committee on Natural Resources] and the Committee on Agriculture of the House of Rep- resentatives a report that includes the results of the assessment conducted under paragraph (1). ‘‘(B) CONTENTS.—The report submitted under sub- paragraph (A) shall identify— ‘‘(i) long-term management and funding strate- gies identified under subsection (d) that could be implemented by Federal, State, tribal, and pri- vate land managers and owners to address the in- festation 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 Rus- sian olive. ‘‘(d) LONG-TERM MANAGEMENT STRATEGIES.— ‘‘(1) IN GENERAL.—The Secretary shall identify and document long-term management and funding strate- gies that— ‘‘(A) could be implemented by Federal, State, tribal, and private land managers in addressing in- festation by salt cedar and Russian olive trees; and ‘‘(B) should be tested as components of dem- onstration projects under subsection (e). ‘‘(2) GRANTS.— ‘‘(A) IN GENERAL.—The Secretary may provide grants to eligible entities to provide technical expe- rience, support, and recommendations relating to the identification and documentation of long-term management and funding strategies under para- graph (1). ‘‘(B) ELIGIBLE ENTITIES.—Institutions of higher education and nonprofit organizations with an es- tablished background and expertise in the public policy issues associated with the control of salt cedar and Russian olive trees shall be eligible for a grant under subparagraph (A). ‘‘(C) MINIMUM AMOUNT.—The amount of a grant provided under subparagraph (A) shall be not less than $250,000. ‘‘(e) DEMONSTRATION PROJECTS.— ‘‘(1) IN GENERAL.—Not later than 180 days after the date on which funds are made available to carry out this Act, the Secretary shall establish a program that selects and funds not less than 5 projects proposed by and implemented in collaboration with Federal agen- cies, units of State and local government, national laboratories, Indian tribes, institutions of higher edu- cation, individuals, organizations, or soil and water conservation districts to demonstrate and evaluate the most effective methods of controlling salt cedar and Russian olive trees. Page 2105 TITLE 7—AGRICULTURE § 7782 ‘‘(2) PROJECT REQUIREMENTS.—The demonstration projects under paragraph (1) shall— ‘‘(A) be carried out over a time period and to a scale designed to fully assess long-term manage- ment 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 ob- stacles to combining multiple control methods and determine optimal combinations of control meth- ods; ‘‘(D) assess soil conditions resulting from salt cedar and Russian olive tree infestation and means to revitalize soils; ‘‘(E) define and implement appropriate final vege- tative states and optimal revegetation methods, with preference for self-maintaining vegetative states and native vegetation, and taking into con- sideration downstream impacts, wildfire potential, and water savings; ‘‘(F) identify methods for preventing the re- growth and reintroduction of salt cedar and Rus- sian 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 associ- ated with control methods and the restoration and maintenance of land. ‘‘(f) DISPOSITION OF BIOMASS.— ‘‘(1) IN GENERAL.—Not later than 1 year after the date on which funds are made available to carry out this Act, the Secretary, in cooperation with the Sec- retary of Agriculture, shall complete an analysis of economic means to use or dispose of biomass created as a result of removal of salt cedar and Russian olive trees. ‘‘(2) REQUIREMENTS.—The analysis shall— ‘‘(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 opportuni- ties, including manufacture of wood products using biomass resulting from demonstration projects under subsection (e) as a means of defraying costs of control. ‘‘(g) COSTS.— ‘‘(1) IN GENERAL.—With respect to projects and ac- tivities carried out under this Act— ‘‘(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 moni- toring); and ‘‘(D) the analysis under subsection (f) shall be carried out at a cost of not more than $3,000,000. ‘‘(2) COST-SHARING.— ‘‘(A) IN GENERAL.—The assessment under sub- section (c), the identification and documentation of long-term management strategies under subsection (d), a demonstration project or portion of a dem- onstration project under subsection (e) that is car- ried out on Federal land, and the analysis under subsection (f) shall be carried out at full Federal expense. ‘‘(B) DEMONSTRATION PROJECTS CARRIED OUT ON NON-FEDERAL LAND.— ‘‘(i) IN GENERAL.—The Federal share of the costs of any demonstration project funded under sub- section (e) that is not carried out on Federal land shall not exceed 75 percent. ‘‘(ii) FORM OF NON-FEDERAL SHARE.—The non- Federal share of the costs of a demonstration project that is not carried out on Federal land may be provided in the form of in-kind contribu- tions, including services provided by a State agency or any other public or private partner. ‘‘(h) COOPERATION.—In carrying out the assessment under subsection (c), the demonstration projects under subsection (e), and the analysis under subsection (f), the Secretary shall cooperate with and use the exper- tise of Federal agencies and the other entities specified in subsection (e)(1) that are actively conducting re- search on or implementing salt cedar and Russian olive tree control activities. ‘‘(i) INDEPENDENT REVIEW.—The Secretary shall sub- ject to independent review— ‘‘(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) REPORTING.— ‘‘(1) IN GENERAL.—The Secretary shall submit to Congress an annual report that describes the results of carrying out this Act, including a synopsis of any independent review under subsection (I) [sic] and de- tails of the manner and purposes for which funds are expended. ‘‘(2) PUBLIC ACCESS.—The Secretary shall facilitate public access to all information that results from carrying out this Act. ‘‘(k) AUTHORIZATION OF APPROPRIATIONS.— ‘‘(1) IN GENERAL.—There are authorized to be appro- priated to carry out this Act— ‘‘(A) $20,000,000 for fiscal year 2006; and ‘‘(B) $15,000,000 for each of fiscal years 2007 through 2010. ‘‘(2) ADMINISTRATIVE COSTS.—Not more than 15 per- cent of amounts made available under paragraph (1) shall be used to pay the administrative costs of car- rying out the program established under subsection (a). ‘‘(l) TERMINATION OF AUTHORITY.—This Act and the authority provided by this Act terminate on the date that is 5 years after the date of the enactment of this Act [Oct. 11, 2006].’’ § 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 section 7786(a) of this title, the Secretary shall make grants under section 7783 of this title to weed management entities for the control or eradication of noxious weeds. (c) Agreements Subject to the availability of appropriations under section 7786(b) of this title, the Secretary