7 U.S.C. § 7784 — Agreements

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 Page 2107 TITLE 7—AGRICULTURE § 7786 of title 31 and other laws relating to the pro- curement of goods and services for the Federal Government. (c) Eligible activities Activities carried out under an agreement under this section may 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. (d) Selection of activities Activities funded under this section shall be selected by the Secretary taking into consider- ation the following: (1) The severity of the noxious weeds prob- lem or potential problem addressed by the ac- tivities. (2) The likelihood that the activity will pre- vent or resolve the problem, or increase knowledge about resolving similar problems. (3) The extent to which the activity will pro- vide a comprehensive approach to the control or eradication of noxious weeds. (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 project promotes cooperation and participation between States that have common interests in controlling and eradicating noxious weeds. (6) Other factors that the Secretary deter- mines to be relevant. (e) Regional, State, and local involvement In determining which activities receive fund- ing 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 activities that maximize the involvement of State, local, and, where ap- plicable, representatives of Indian Tribe gov- ernments. (f) Rapid response program At the request of the Governor of a State, the Secretary may enter into a cooperative agree- ment with a weed management entity in that State to enable rapid response to outbreaks of noxious weeds at a stage which rapid eradi- cation and control is possible and to ensure eradication or immediate control of the noxious weeds if— (1) there is a demonstrated need for the as- sistance; (2) the noxious weed is considered to be a significant threat to native fish, wildlife, or their habitats, as determined by the Sec- retary; (3) the economic impact of delaying action is considered by the Secretary to be substantial; and (4) the proposed response to such threat— (A) is technically feasible; (B) economically responsible; and (C) minimizes adverse impacts to the structure and function of an ecosystem and adverse effects on nontarget species and eco- systems. (Pub. L. 106–224, title IV, § 455, as added Pub. L. 108–412, § 1, Oct. 30, 2004, 118 Stat. 2322.) § 7785. Relationship to other programs Funds under this Act (other than those made available for section 7784(f) of this title) are in- tended to supplement, not replace, assistance available to weed management entities, areas, and districts for control or eradication of nox- ious weeds on Federal lands and non-Federal lands. The provision of funds to a weed manage- ment entity under this Act (other than those made available for section 7784(f) of this title) shall have no effect on the amount of any pay- ment received by a county from the Federal Government under chapter 69 of title 31. (Pub. L. 106–224, title IV, § 456, as added Pub. L. 108–412, § 1, Oct. 30, 2004, 118 Stat. 2324.) Editorial Notes REFERENCES IN TEXT This Act, referred to in text, probably means the Noxious Weed Control and Eradication Act of 2004, sub- title E (§§ 451–457) of title IV of Pub. L. 106–224, as added by Pub. L. 108–412, § 1, Oct. 30, 2004, 118 Stat. 2320, which enacted this subchapter. For complete classification of this Act to the Code, see Short Title note set out under section 7701 of this title and Tables. § 7786. Authorization of appropriations (a) Grants To carry out section 7783 of this title, there are authorized to be appropriated to the Sec- retary $7,500,000 for each of fiscal years 2005 through 2009, of which not more than 5 percent of the funds made available for a fiscal year may be used by the Secretary for administrative costs. (b) Agreements To carry out section 7784 of this title, there are authorized to be appropriated to the Sec- retary $7,500,000 for each of fiscal years 2005 through 2009, of which not more than 5 percent of the funds made available for a fiscal year may be used by the Secretary for administrative costs of Federal agencies. (Pub. L. 106–224, title IV, § 457, as added Pub. L. 108–412, § 1, Oct. 30, 2004, 118 Stat. 2324.) CHAPTER 105—HASS AVOCADO PROMOTION, RESEARCH, AND INFORMATION Sec. 7801. Findings and declaration of policy. 7802. Definitions. 7803. Issuance of orders. 7804. Required terms in orders. 7805. Referenda. 7806. Petition and review. 7807. Enforcement. 7808. Investigations and power to subpoena. 7809. Confidentiality. 7810. Authority for Secretary to suspend or termi- nate order. 7811. Rules of construction.