§2814 — Title 7 Agriculture | U.S. Code

Summary

Federal agencies must set up and pay for programs to control harmful or unwanted plants on the lands they manage. Each agency must pick a trained person or office to run the program, make funding part of its budget, work out written agreements with State agencies, and use planned systems that mix methods (like education, prevention, mechanical removal, biological controls, herbicides, cultural steps, and land-management changes) to control targeted plants. If an environmental review under NEPA is needed to carry out a control agreement, the agency must finish that review within 1 year after it becomes necessary. Agencies only must act where similar work is generally happening on State or private lands nearby. A cooperative agreement must name which plant species and areas are priorities, explain the mixed-method plan, set out who will do what, and give start and finish dates. The Secretaries of Agriculture and the Interior must help coordinate weed control, set regional priorities, add regional technical guidance to existing guides, and share that information. The Secretary of Agriculture may share costs with States or localities if a majority of landowners in an area agree. Definitions: cooperative agreement (written Federal–State deal); Federal agency (federal department/agency/bureau managing lands); Federal lands; integrated management systems (mixed-method planning and action); interdisciplinary approach (team of experts using science and weighing effects); State agency (State body handling plant laws); undesirable plants (plants labeled harmful or noxious under law, excluding species listed as endangered and native plants in the treatment area). Funding was authorized for fiscal years 1991 through 1995.

Title 7, §2814

Agriculture — Source: USLM XML via OLRC

(a)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)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)(1)Federal agencies, as appropriate, shall enter into cooperative agreements with State agencies to coordinate the management of undesirable plant species on Federal lands.

(2)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)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)As used in this section:

(1)The term “cooperative agreement” means a written agreement between a Federal agency and a State agency entered into pursuant to this section.

(2)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)The term “Federal lands” means lands managed by or under the jurisdiction of the Federal Government.

(4)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)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)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)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)(1)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)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)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)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.

Notes & Related Subsidiaries

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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, which is classified generally to chapter 55 (§ 4321 et seq.) of Title 42, The Public Health and Welfare. For complete classification of this Act to the Code, see

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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, which is classified generally to chapter 35 (§ 1531 et seq.) of Title 16, Conservation. For complete classification of this Act to the Code, see

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note set out under section 1531 of Title 16 and Tables.

§2814 Management of undesirable plants on Federal lands

Summary

Title 7, §2814

Notes & Related Subsidiaries

Editorial Notes

References in Text

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