7 U.S.C. § 7783 — Grants to weed management entities

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