118 STAT. 2321 PUBLIC LAW 108–412—OCT. 30, 2004 ‘‘(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 finan cial 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 land owner. ‘‘(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 rel evant. ‘‘(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. 7 USC 7783. 7 USC 7782.
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