Photo: Waimea Canyon, Kauai, Hawaii. Copyright 2010 Delena Norris-Tull
Legislation signed into law in 2000-2010:
Summarized by Dr. Delena Norris-Tull, Professor Emerita of Science Education, University of Montana Western, updated June 2022
Plant Protection Act, 2000
Pub. L. 106-224
7 USC 7701-7772
US Code, Title 7, Agriculture
Chapter 104, Plant Protection
Sections 7701-7772
Agency: USDA, Animal and Plant Health Inspection Service (APHIS)
Replaces the Federal Noxious Weed Act (PL 93-629) and other APHIS Plant Protection Authorities
Consolidates all major statutes pertaining to plant protection and quarantine. Permits APHIS to address all types of weed issues, including taking emergency and extraordinary actions to address incursions of noxious weeds, and regulating the introduction of biological control agents.
The Plant Protection Act authorizes the US Secretary of the Department of Agriculture to issue regulations to prevent the introduction of plant pests and noxious weeds into the United States and to prevent their dissemination within the United States. The Secretary may develop a list of noxious weeds. The law ensures that scientists will participate in research on plants pests and noxious weeds.
Section 2814 of the Federal Noxious Weed Act of 1974, titled “Management of undesirable plants on Federal Lands,” was the only section retained from the 1974 law. The Plant Protection Act also is an amendment of the Plant Quarantine Act and the Federal Plant Pest Act.
Public Health Security and Bioterrorism Preparedness and Response Act, 2002, amended through 2022
Pub. L. 107-188, June 12, 2002
42 USC 201 et seq.
US Code, Title 42, The Public Health & Welfare
Chapter 6A, Public Health Service
Section 201 et seq.
Agencies: USDA: Animal & Plant Health Inspection Service (APHIS); Department of Health and Human Services: Food & Drug Administration (FDA), Centers for Disease Control & Prevention, National Disaster Medical System
This law was passed in response to the bombing of the Twin Towers in New York City on September 11, 2001. The purpose of the law is to ensure coordination and minimize duplication between Federal, State, and local agencies’ preparedness and response activities, including during the investigation of a suspicious disease outbreak or other public health emergency. And it created the National Disaster Medical System.
Subtitle C of the law: “General Provisions Relating to Upgrade of Agricultural Security,” states, “The Secretary of Agriculture… may utilize existing authorities to give high priority to enhancing and expanding the capacity of the Animal and Plant Health Inspection Service to conduct activities to--
(1) increase the inspection capacity of the Service at international points of origin;
(2) improve surveillance at ports of entry and customs;
(3) enhance methods of protecting against the introduction of plant and animal disease organisms by terrorists;
(4) develop new and improve existing strategies and technologies for dealing with intentional outbreaks of plant and animal disease arising from acts of terrorism or from unintentional introduction, including--
(A) establishing cooperative agreements among Veterinary Services of the Animal and Plant Health Inspection
Service, State animal health commissions and regulatory agencies for livestock and poultry health, and private veterinary practitioners to enhance the preparedness and ability of Veterinary Services and the commissions and agencies to respond to outbreaks of such animal diseases; and
(B) strengthening planning and coordination with State and local agencies, including--
(i) State animal health commissions and regulatory agencies for livestock and poultry health; and
(ii) State agriculture departments; and
(5) otherwise improve the capacity of the Service to protect against the threat of bioterrorism.”
While it may not immediately be apparent how this law relates to management of invasive plants, and it is highly unlikely that invasive plants could be used for bioterrorism, this law gave the HHS and USDA additional support to assist State Departments of Agriculture. And it gives the FDA additional support for the inspection of imported foods, including plants. And this law provides funding to the Agricultural Research Service to upgrade agricultural research facilities.
Noxious Weed Control and Eradication Act, 2004
Public Law 108-412, Oct. 30, 2004; amends the Plant Protection Act, 2000
7 USC 7701; 7781-7786
US Code, Title 7, Agriculture
Chapter 104, Plant Protection
Sections 7701; 7781-7786
Agency: USDA
Provides technical and financial assistance to control or eradicate noxious weeds; can provide grants to weed management entities.
Safe, Accountable, Flexible, Efficient Transportation Equity Act: A Legacy for Users, 2005
Public Law 109-59, August 10, 2005
23 USC 6006
US Code, Title 23, Highways
Chapter 3, General Provisions
Section 6006
Agency: US Dept of Transportation, Federal Highway Administration
The Act provides Federal support to Federal, State, tribal, and local highways, National scenic byways; construction of ferry systems; research on highway safety, transportation systems.
Section 6006: “ENVIRONMENTAL RESTORATION AND POLLUTION ABATEMENT; CONTROL OF NOXIOUS WEEDS AND AQUATIC NOXIOUS WEEDS AND ESTABLISHMENT OF NATIVE SPECIES.” This section makes State and tribal activities for control of noxious weeds and the establishment of native species eligible for Federal funds. The eligible projects include restoration along National highways, any transportation or highway project funded by the Act, including stormwater treatment systems, soil stabilization, and aesthetic enhancement.
Public Lands Corps Healthy Forests Restoration Act, 2005, amends the Public Lands Corps Act of 1993
Public Law 109-154, Dec. 30, 2005
16 USC 1701-1730
US Code, Title 16, Conservation
Chapter 37, Youth Conservation Corps & Public Lands Corps
Sections 1701-1730
Agency: USDA Forest Services; US Dept. of the Interior
Provides support for wildfire risk assessment, to protect watersheds from wildfires; “to address the impact of insect or disease infestations on forests and rangeland health”; to restore forest ecosystems, including protection of endangered species, improvement of biological diversity, enhancement of forest productivity & carbon sequestration; promotes programs on tribal lands; provides disaster relief; supports conservation programs through conservation corps.
Saltcedar and Russian Olive Control Demonstration Act, 2006
Pub. L. 109-320, Oct. 11, 2006
7 USC 7781-7786
US Code, Title 7, Agriculture
Chapter 104, Plant Protection
Subchapter V, Noxious Weed Control & Eradication
Sections 7781-7786
Agencies: US Dept of the Interior; US Department of Agriculture; US Department of Defense
This law provides an avenue for States, local governments, and Tribes to obtain support from the US Department of the Interior to manage invasive plants. It provides for a demonstration program and an assessment of the effectiveness in controlling these two invasive species.
“The Secretary of the Interior…, acting through the Commissioner of Reclamation and the Director of the United States Geological Survey and in cooperation with the Secretary of Agriculture and the Secretary of Defense, shall carry out a salt cedar (Tamarix spp) and Russian olive (Elaeagnus angustifolia) assessment and demonstration program-
(1) to assess the extent of the infestation by salt cedar and Russian olive trees in the western United States;
(2) to demonstrate strategic solutions for
(A) the long-term management of salt cedar and Russian olive trees; and
(B) the reestablishment of native vegetation; and
(3) to assess economic means to dispose of biomass created as a result of removal of salt cedar and Russian olive trees.”
“The Secretary shall establish a program to provide financial and technical assistance to control or eradicate noxious weeds… the Secretary shall make grants… to weed management entities for the control or eradication of noxious weeds.”
“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.”
Previous Sections on Federal Legislation:
Next Sections on Federal & State Laws:
Legislation signed into law in 2000-2010:
Summarized by Dr. Delena Norris-Tull, Professor Emerita of Science Education, University of Montana Western, updated June 2022
Plant Protection Act, 2000
Pub. L. 106-224
7 USC 7701-7772
US Code, Title 7, Agriculture
Chapter 104, Plant Protection
Sections 7701-7772
Agency: USDA, Animal and Plant Health Inspection Service (APHIS)
Replaces the Federal Noxious Weed Act (PL 93-629) and other APHIS Plant Protection Authorities
Consolidates all major statutes pertaining to plant protection and quarantine. Permits APHIS to address all types of weed issues, including taking emergency and extraordinary actions to address incursions of noxious weeds, and regulating the introduction of biological control agents.
The Plant Protection Act authorizes the US Secretary of the Department of Agriculture to issue regulations to prevent the introduction of plant pests and noxious weeds into the United States and to prevent their dissemination within the United States. The Secretary may develop a list of noxious weeds. The law ensures that scientists will participate in research on plants pests and noxious weeds.
Section 2814 of the Federal Noxious Weed Act of 1974, titled “Management of undesirable plants on Federal Lands,” was the only section retained from the 1974 law. The Plant Protection Act also is an amendment of the Plant Quarantine Act and the Federal Plant Pest Act.
Public Health Security and Bioterrorism Preparedness and Response Act, 2002, amended through 2022
Pub. L. 107-188, June 12, 2002
42 USC 201 et seq.
US Code, Title 42, The Public Health & Welfare
Chapter 6A, Public Health Service
Section 201 et seq.
Agencies: USDA: Animal & Plant Health Inspection Service (APHIS); Department of Health and Human Services: Food & Drug Administration (FDA), Centers for Disease Control & Prevention, National Disaster Medical System
This law was passed in response to the bombing of the Twin Towers in New York City on September 11, 2001. The purpose of the law is to ensure coordination and minimize duplication between Federal, State, and local agencies’ preparedness and response activities, including during the investigation of a suspicious disease outbreak or other public health emergency. And it created the National Disaster Medical System.
Subtitle C of the law: “General Provisions Relating to Upgrade of Agricultural Security,” states, “The Secretary of Agriculture… may utilize existing authorities to give high priority to enhancing and expanding the capacity of the Animal and Plant Health Inspection Service to conduct activities to--
(1) increase the inspection capacity of the Service at international points of origin;
(2) improve surveillance at ports of entry and customs;
(3) enhance methods of protecting against the introduction of plant and animal disease organisms by terrorists;
(4) develop new and improve existing strategies and technologies for dealing with intentional outbreaks of plant and animal disease arising from acts of terrorism or from unintentional introduction, including--
(A) establishing cooperative agreements among Veterinary Services of the Animal and Plant Health Inspection
Service, State animal health commissions and regulatory agencies for livestock and poultry health, and private veterinary practitioners to enhance the preparedness and ability of Veterinary Services and the commissions and agencies to respond to outbreaks of such animal diseases; and
(B) strengthening planning and coordination with State and local agencies, including--
(i) State animal health commissions and regulatory agencies for livestock and poultry health; and
(ii) State agriculture departments; and
(5) otherwise improve the capacity of the Service to protect against the threat of bioterrorism.”
While it may not immediately be apparent how this law relates to management of invasive plants, and it is highly unlikely that invasive plants could be used for bioterrorism, this law gave the HHS and USDA additional support to assist State Departments of Agriculture. And it gives the FDA additional support for the inspection of imported foods, including plants. And this law provides funding to the Agricultural Research Service to upgrade agricultural research facilities.
Noxious Weed Control and Eradication Act, 2004
Public Law 108-412, Oct. 30, 2004; amends the Plant Protection Act, 2000
7 USC 7701; 7781-7786
US Code, Title 7, Agriculture
Chapter 104, Plant Protection
Sections 7701; 7781-7786
Agency: USDA
Provides technical and financial assistance to control or eradicate noxious weeds; can provide grants to weed management entities.
Safe, Accountable, Flexible, Efficient Transportation Equity Act: A Legacy for Users, 2005
Public Law 109-59, August 10, 2005
23 USC 6006
US Code, Title 23, Highways
Chapter 3, General Provisions
Section 6006
Agency: US Dept of Transportation, Federal Highway Administration
The Act provides Federal support to Federal, State, tribal, and local highways, National scenic byways; construction of ferry systems; research on highway safety, transportation systems.
Section 6006: “ENVIRONMENTAL RESTORATION AND POLLUTION ABATEMENT; CONTROL OF NOXIOUS WEEDS AND AQUATIC NOXIOUS WEEDS AND ESTABLISHMENT OF NATIVE SPECIES.” This section makes State and tribal activities for control of noxious weeds and the establishment of native species eligible for Federal funds. The eligible projects include restoration along National highways, any transportation or highway project funded by the Act, including stormwater treatment systems, soil stabilization, and aesthetic enhancement.
Public Lands Corps Healthy Forests Restoration Act, 2005, amends the Public Lands Corps Act of 1993
Public Law 109-154, Dec. 30, 2005
16 USC 1701-1730
US Code, Title 16, Conservation
Chapter 37, Youth Conservation Corps & Public Lands Corps
Sections 1701-1730
Agency: USDA Forest Services; US Dept. of the Interior
Provides support for wildfire risk assessment, to protect watersheds from wildfires; “to address the impact of insect or disease infestations on forests and rangeland health”; to restore forest ecosystems, including protection of endangered species, improvement of biological diversity, enhancement of forest productivity & carbon sequestration; promotes programs on tribal lands; provides disaster relief; supports conservation programs through conservation corps.
Saltcedar and Russian Olive Control Demonstration Act, 2006
Pub. L. 109-320, Oct. 11, 2006
7 USC 7781-7786
US Code, Title 7, Agriculture
Chapter 104, Plant Protection
Subchapter V, Noxious Weed Control & Eradication
Sections 7781-7786
Agencies: US Dept of the Interior; US Department of Agriculture; US Department of Defense
This law provides an avenue for States, local governments, and Tribes to obtain support from the US Department of the Interior to manage invasive plants. It provides for a demonstration program and an assessment of the effectiveness in controlling these two invasive species.
“The Secretary of the Interior…, acting through the Commissioner of Reclamation and the Director of the United States Geological Survey and in cooperation with the Secretary of Agriculture and the Secretary of Defense, shall carry out a salt cedar (Tamarix spp) and Russian olive (Elaeagnus angustifolia) assessment and demonstration program-
(1) to assess the extent of the infestation by salt cedar and Russian olive trees in the western United States;
(2) to demonstrate strategic solutions for
(A) the long-term management of salt cedar and Russian olive trees; and
(B) the reestablishment of native vegetation; and
(3) to assess economic means to dispose of biomass created as a result of removal of salt cedar and Russian olive trees.”
“The Secretary shall establish a program to provide financial and technical assistance to control or eradicate noxious weeds… the Secretary shall make grants… to weed management entities for the control or eradication of noxious weeds.”
“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.”
Previous Sections on Federal Legislation:
- 1930s Federal Laws on Invasive Species
- Federal Seed Act 1939
- 1940s-1960s Federal Laws on Invasive Species
- 1970s Federal Laws on Invasive Species
- 1980s Federal Laws on Invasive Species
- 1990s Federal Laws on Invasive Species
Next Sections on Federal & State Laws: