text: SECTION 1. NOXIOUS WEED CONTROL AND ERADICATION.
      The Plant Protection Act (7 U.S.C. 7701 et seq.) is amended by 
  adding at the end the following new subtitle:
  
             ``Subtitle E--Noxious Weed Control and Eradication
  
  ``SEC. 451. SHORT TITLE.
  
      ``This subtitle may be cited as the `Noxious Weed Control and 
  Eradication Act of 2004'.
  
  ``SEC. 452. DEFINITIONS.
  
      ``In this subtitle:
          ``(1) Indian tribe.--The term `Indian Tribe' has the meaning 
      given that term in section 4 of the Indian Self-Determination and 
      Education Assistance Act (25 U.S.C. 450b).
          ``(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 experience 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 multidisciplinary in 
          nature;
              ``(D) may include representatives from Federal, State, 
          local, or, where applicable, Indian Tribe governments, private 
          organizations, individuals, and State-recognized conservation 
          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 Federal lands.
          ``(3) Federal lands.--The term `Federal lands' means those 
      lands owned and managed by the United States Forest Service or the 
      Bureau of Land Management.
  
  ``SEC. 453. 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 457(a), the Secretary shall make grants under section 454 to 
  weed management entities for the control or eradication of noxious 
  weeds.
      ``(c) Agreements.--Subject to the availability of appropriations 
  under section 457(b), the Secretary shall enter into agreements under 
  section 455 with weed management entities to provide financial and 
  technical assistance for the control or eradication of noxious weeds.
  
  ``SEC. 454. GRANTS TO WEED MANAGEMENT ENTITIES.
  
      ``(a) Consultation and Consent.--In carrying out a grant under this 
  subtitle, 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 jurisdiction 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 management entity has made 
      progress in addressing the noxious weeds problem; and
          ``(4) other factors that the Secretary determines 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 subsection (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 exceed 50 percent.
              ``(B) Form of non-federal cost share.--The non-Federal 
          share of the cost of carrying 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 development, and other capacity building 
      activities, including the payment of the cost of personnel and 
      equipment that promote control or eradication of noxious weeds.
          ``(2) Other activities to control or eradicate noxious weeds or 
      promote control or eradication of noxious weeds.
      ``(e) Application.--To be eligible to receive assistance under this 
  section, a weed management entity shall prepare 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 selected 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 prevent 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 improve the overall 
      capacity of the United States to address noxious weed control and 
      management.
          ``(5) The extent to which the weed management entity has made 
      progress in addressing noxious weed problems.
          ``(6) The extent to which the project will provide a 
      comprehensive approach to the control or eradication of noxious 
      weeds.
          ``(7) The extent to which the project will reduce 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 determines 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 provided by regional, 
      State, or local weed management experts; and
          ``(2) give priority to projects that maximize the involvement 
      of State, local and, where applicable, Indian Tribe governments.
      ``(h) Special Consideration.--The Secretary shall give special 
  consideration to States with approved weed management entities 
  established by Indian Tribes and may provide an additional allocation 
  to a State to meet the particular needs and projects that the weed 
  management entity plans to address.
  
  ``SEC. 455. AGREEMENTS.
  
      ``(a) Consultation and Consent.--In carrying out an agreement under 
  this section, the Secretary shall--
          ``(1) if the activities funded under the agreement 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 entities 
  notwithstanding sections 6301 through 6309 of title 31, United States 
  Code, and other laws relating to the procurement 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 development, and other capacity building 
      activities, including the payment of the cost of personnel and 
      equipment that promote control or eradication 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 consideration 
  the following:
          ``(1) The severity of the noxious weeds problem or potential 
      problem addressed by the activities.
          ``(2) The likelihood that the activity will prevent or resolve 
      the problem, or increase knowledge about resolving similar 
      problems.
          ``(3) The extent to which the activity will provide a 
      comprehensive approach to the control or eradication of noxious 
      weeds.
          ``(4) The extent to which the program will improve 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 determines to be 
      relevant.
      ``(e) Regional, State, and Local Involvement.--In determining which 
  activities receive funding under this section, the Secretary shall, to 
  the maximum extent practicable--
          ``(1) rely on technical and merit reviews provided by regional, 
      State, or local weed management experts; and
          ``(2) give priority to activities that maximize the involvement 
      of State, local, and, where applicable, representatives of Indian 
      Tribe governments.
      ``(f) Rapid Response Program.--At the request of the Governor of a 
  State, the Secretary may enter into a cooperative agreement with a weed 
  management entity in that State to enable rapid response to outbreaks 
  of noxious weeds at a stage which rapid eradication and control is 
  possible and to ensure eradication or immediate control of the noxious 
  weeds if--
          ``(1) there is a demonstrated need for the assistance;
          ``(2) the noxious weed is considered to be a significant threat 
      to native fish, wildlife, or their habitats, as determined by the 
      Secretary;
          ``(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 ecosystems.
  
  ``SEC. 456. RELATIONSHIP TO OTHER PROGRAMS.
  
      ``Funds under this Act (other than those made available for section 
  455(f)) are intended to supplement, not replace, assistance available 
  to weed management entities, areas, and districts for control or 
  eradication of noxious weeds on Federal lands and non-Federal lands. 
  The provision of funds to a weed management entity under this Act 
  (other than those made available for section 455(f)) shall have no 
  effect on the amount of any payment received by a county from the 
  Federal Government under chapter 69 of title 31, United States Code.
  
  ``SEC. 457. AUTHORIZATION OF APPROPRIATIONS.
  
      ``(a) Grants.--To carry out section 454, there are authorized to be 
  appropriated to the Secretary $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 455 of this subtitle, there 
  are authorized to be appropriated to the Secretary $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.''.
  
  SEC. 2. TECHNICAL AMENDMENT.
  
      The table of sections in section 1(b) of the Agricultural Risk 
  Protection Act of 2000 is amended by inserting after the item relating 
  to section 442 the following:
  
             ``Subtitle E--Noxious Weed Control and Eradication
  
  ``Sec. 451. Short title.
  ``Sec. 452. Definitions.
  ``Sec. 453. Establishment of program.
  ``Sec. 454. Grants to weed management entities.
  ``Sec. 455. Agreements.
  ``Sec. 456. Relationship to other programs.
  ``Sec. 457. Authorization of Appropriations.''.
  
                                 Speaker of the House of Representatives.
  
                              Vice President of the United States and    
                                                 President of the Senate.
target: Noxious Weed Control and Eradication Act of 2004 - Amends the Plant Protection Act to direct the Secretary of Agriculture to establish a grant program to provide financial and technical assistance to weed management entities to control or eradicate noxious weeds. Sets forth criteria for making grants to weed management entities and for the selection for funding of weed eradication projects. Directs the Secretary to give special consideration to States with approved weed management entities established by Indian tribes.
  
  Authorizes the Secretary to enter into agreements with weed management entities for funding of weed eradication activities that take into consideration various factors, including: (1) the severity of the noxious weeds problem or potential problem; (2) the likelihood that the activities will prevent or resolve the weed problem or increase knowledge about resolving similar problems; (3) the extent to which the activities will provide a comprehensive approach to the control or eradication of noxious weeds; (4) the extent to which the activities will improve the overall capacity of the United States to address noxious weed problems; and (5) the extent to which the activities promote cooperation and participation between States that have a common interest in controlling and eradicating noxious weeds.
  
  Authorizes the Secretary to enter into a cooperative agreement with weed management entities to enable rapid response to outbreaks of noxious weeds.
  
  States that the assistance authorized under this Act is meant to supplement, and not replace, other assistance available for control or eradication of harmful, invasive weeds on public and private lands.
  
  Authorizes appropriations for FY 2005 through 2009. Limits funding for administrative costs to five percent of available funds.
feat_title: An Act to require the Secretary of Agriculture to establish a program to provide assistance to eligible weed management entities to control or eradicate noxious weeds on public and private land.