7 U.S.C. § 7784 — Agreements

submitted 22 years ago by Pub. L. 106-224 to r/title-7-AGRICULTURE · 483 words · no verdicts yet

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The Secretary can sign direct agreements with weed-fighting groups, skipping normal contracting rules. These agreements fund education, mapping, and weed-control work. Governors can also request fast agreements for rapid response to new weed outbreaks.

(a) Consultation and consent: Same as with grants — the Secretary must consult federal agencies with jurisdiction over federal land involved, or get written consent from a private landowner. (b) Application of other laws: The Secretary can make these agreements even though it skips the usual federal procurement rules in sections 6301 through 6309 of Title 31 and other similar laws. (c) Eligible activities: An agreement can fund (1) education, surveys and mapping, management, monitoring, developing new methods, and other capacity-building work, including staff and equipment costs, and (2) other activities to control or eradicate noxious weeds. (d) Selection of activities: The Secretary picks which activities to fund by weighing (1) how serious the weed problem is, (2) how likely the activity is to solve it or teach useful lessons, (3) how comprehensive the approach is, (4) how much it improves the nation's overall capacity to fight weeds, (5) how much it encourages states to work together, and (6) other relevant factors. (e) Regional, State, and local involvement: As much as practical, the Secretary must rely on regional, state, or local expert reviews, and favor activities that most involve state, local, and Indian Tribe governments. (f) Rapid response program: If a state's Governor asks, the Secretary can sign a cooperative agreement with a weed management entity in that state for a rapid response to a new weed outbreak — while it can still be quickly eradicated or controlled — if (1) there's a clear need for help, (2) the Secretary determines the weed seriously threatens native fish, wildlife, or their habitat, (3) the Secretary decides that waiting would cause substantial economic harm, and (4) the proposed response is (A) technically doable, (B) economically sound, and (C) designed to minimize harm to the ecosystem and to species that aren't the target.

the actual law source: uscode.house.gov ↗public domain

(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 and other laws relating to the procurement of goods and services for the Federal Government.

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.

Source credit: (Pub. L. 106–224, title IV, § 455, as added Pub. L. 108–412, § 1, Oct. 30, 2004, 118 Stat. 2322.)

history & why it existsrecord from the source credit

2004Enacted · Pub. L. 106-224 · 118 Stat. 2322

A history note hasn’t been published yet. The record shows enactment by Pub. L. 106-224 on 2004-10-30.

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