7 Usc 2814

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[Laws in effect as of January 3, 2006]
[CITE: 7USC2814]

TITLE 7--AGRICULTURE

CHAPTER 61--NOXIOUS WEEDS

Sec. 2814. Management of undesirable plants on Federal lands

(a) Duties of agencies

Each Federal agency shall--
(1) designate an office or person adequately trained in the
management of undesirable plant species to develop and coordinate an
undesirable plants management program for control of undesirable
plants on Federal lands under the agency's jurisdiction;
(2) establish and adequately fund an undesirable plants
management program through the agency's budgetary process;
(3) complete and implement cooperative agreements with State
agencies regarding the management of undesirable plant species on
Federal lands under the agency's jurisdiction; and
(4) establish integrated management systems to control or
contain undesirable plant species targeted under cooperative
agreements.

(b) Environmental impact statements

In the event an environmental assessment or environmental impact
statement is required under the National Environmental Policy Act of
1969 (42 U.S.C. 4321 et seq.) to implement plant control agreements,
Federal agencies shall complete such assessments or statements within 1
year after the requirement for such assessment or statement is
ascertained.

(c) Cooperative agreements with State agencies

(1) In general

Federal agencies, as appropriate, shall enter into cooperative
agreements with State agencies to coordinate the management of
undesirable plant species on Federal lands.

(2) Contents of plan

A cooperative agreement entered into pursuant to paragraph (1)
shall--
(A) prioritize and target undesirable plant species or group
of species to be controlled or contained within a specific
geographic area;
(B) describe the integrated management system to be used to
control or contain the targeted undesirable plant species or
group of species; and
(C) detail the means of implementing the integrated
management system, define the duties of the Federal agency and
the State agency in prosecuting that method, and establish a
timeframe for the initiation and completion of the tasks
specified in the integrated management system.

(d) Exception

A Federal agency is not required under this section to carry out
programs on Federal lands unless similar programs are being implemented
generally on State or private lands in the same area.

(e) Definitions

As used in this section:

(1) Cooperative agreement

The term ``cooperative agreement'' means a written agreement
between a Federal agency and a State agency entered into pursuant to
this section.

(2) Federal agency

The term ``Federal agency'' means a department, agency, or
bureau of the Federal Government responsible for administering or
managing Federal lands under its jurisdiction.

(3) Federal lands

The term ``Federal lands'' means lands managed by or under the
jurisdiction of the Federal Government.

(4) Integrated management system

The term ``integrated management systems'' means a system for
the planning and implementation of a program, using an
interdisciplinary approach, to select a method for containing or
controlling an undesirable plant species or group of species using
all available methods, including--
(A) education;
(B) preventive measures;
(C) physical or mechanical methods;
(D) biological agents;
(E) herbicide methods;
(F) cultural methods; and
(G) general land management practices such as manipulation
of livestock or wildlife grazing strategies or improving
wildlife or livestock habitat.

(5) Interdisciplinary approach

The term ``interdisciplinary approach'' means an approach to
making decisions regarding the containment or control of an
undesirable plant species or group of species, which--
(A) includes participation by personnel of Federal or State
agencies with experience in areas including weed science, range
science, wildlife biology, land management, and forestry; and
(B) includes consideration of--
(i) the most efficient and effective method of
containing or controlling the undesirable plant species;
(ii) scientific evidence and current technology;
(iii) the physiology and habitat of a plant species; and
(iv) the economic, social, and ecological consequences
of implementing the program.

(6) State agencies

The term ``State agency'' means a State department of
agriculture, or other State agency or political subdivision thereof,
responsible for the administration or implementation of undesirable
plants laws of a State.

(7) Undesirable plant species

The term ``undesirable plants'' means plant species that are
classified as undesirable, noxious, harmful, exotic, injurious, or
poisonous, pursuant to State or Federal law. Species listed as
endangered by the Endangered Species Act of 1973 [16 U.S.C. 1531 et
seq.] shall not be designated as undesirable plants under this
section and shall not include plants indigenous to an area where
control measures are to be taken under this section.

(f) Coordination

(1) In general

The Secretary of Agriculture and the Secretary of the Interior
shall take such actions as may be necessary to coordinate Federal
agency programs for control, research, and educational efforts
associated with Federal, State, and locally designated noxious
weeds.

(2) Duties

The Secretary, in consultation with the Secretary of the
Interior, shall--
(A) identify regional priorities for noxious weed control;
(B) incorporate into existing technical guides regionally
appropriate technical information; and
(C) disseminate such technical information to interested
State, local, and private entities.

(3) Cost share assistance

The Secretary may provide cost share assistance to State and
local agencies to manage noxious weeds in an area if a majority of
landowners in that area agree to participate in a noxious weed
management program.

(g) Authorization of appropriations

There is authorized to be appropriated such sums as may be necessary
in each of fiscal years 1991 through 1995 to carry out this section.

(Pub. L. 93-629, Sec. 15, as added Pub. L. 101-624, title XIV,
Sec. 1453, Nov. 28, 1990, 104 Stat. 3611.)

References in Text

The National Environmental Policy Act of 1969, referred to in
subsec. (b), is Pub. L. 91-190, Jan. 1, 1970, 83 Stat. 852, as amended,
which is classified generally to chapter 55 (Sec. 4321 et seq.) of Title
42, The Public Health and Welfare. For complete classification of this
Act to the Code, see Short Title note set out under section 4321 of
Title 42 and Tables.
The Endangered Species Act of 1973, referred to in subsec. (e)(7),
is Pub. L. 93-205, Dec. 28, 1973, 87 Stat. 884, as amended, which is
classified generally to chapter 35 (Sec. 1531 et seq.) of Title 16,
Conservation. For complete classification of this Act to the Code, see
Short Title note set out under section 1531 of Title 16 and Tables.