7 U.S.C. § 7782 — Establishment of program

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 Page 2106 TITLE 7—AGRICULTURE § 7783 shall enter into agreements under section 7784 of this title with weed management entities to pro- vide financial and technical assistance for the control or eradication of noxious weeds. (Pub. L. 106–224, title IV, § 453, as added Pub. L. 108–412, § 1, Oct. 30, 2004, 118 Stat. 2321.) § 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 juris- diction 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 manage- ment entity has made progress in addressing the noxious weeds problem; and (4) other factors that the Secretary deter- mines 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 sub- section (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 ex- ceed 50 percent. (B) Form of non-Federal cost share The non-Federal share of the cost of car- rying 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 develop- ment, and other capacity building activities, including the payment of the cost of personnel and equipment that promote control or eradi- cation of noxious weeds. (2) Other activities to control or eradicate noxious weeds or promote control or eradi- cation of noxious weeds. (e) Application To be eligible to receive assistance under this section, a weed management entity shall pre- pare 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 se- lected 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 pre- vent 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 im- prove the overall capacity of the United States to address noxious weed control and management. (5) The extent to which the weed manage- ment entity has made progress in addressing noxious weed problems. (6) The extent to which the project will pro- vide a comprehensive approach to the control or eradication of noxious weeds. (7) The extent to which the project will re- duce 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 deter- mines 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 pro- vided by regional, State, or local weed man- agement experts; and (2) give priority to projects that maximize the involvement of State, local and, where ap- plicable, Indian Tribe governments. (h) Special consideration The Secretary shall give special consideration to States with approved weed management enti- ties established by Indian Tribes and may pro- vide an additional allocation to a State to meet the particular needs and projects that the weed management entity plans to address. (Pub. L. 106–224, title IV, § 454, as added Pub. L. 108–412, § 1, Oct. 30, 2004, 118 Stat. 2321.) § 7784. Agreements (a) Consultation and consent In carrying out an agreement under this sec- tion, the Secretary shall— (1) if the activities funded under the agree- ment 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 enti- ties notwithstanding sections 6301 through 6309