[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[S. 2384 Introduced in Senate (IS)]
<DOC>
116th CONGRESS
1st Session
S. 2384
To promote botanical research and botanical sciences capacity, and for
other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
July 31, 2019
Ms. Hirono (for herself, Mr. Whitehouse, Ms. Duckworth, Mr. Van Hollen,
Mr. Markey, Mrs. Feinstein, Mr. Booker, Mr. Merkley, Ms. Harris, Mr.
Carper, and Mr. Cardin) introduced the following bill; which was read
twice and referred to the Committee on Energy and Natural Resources
_______________________________________________________________________
A BILL
To promote botanical research and botanical sciences capacity, and for
other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``Botanical Sciences
and Native Plant Materials Research, Restoration, and Promotion Act''.
(b) Table of Contents.--The table of contents for this Act is as
follows:
Sec. 1. Short title; table of contents.
Sec. 2. Definitions.
TITLE I--PROMOTING BOTANICAL RESEARCH AND BOTANICAL SCIENCES CAPACITY
Sec. 101. Definitions.
Sec. 102. Department of the Interior botanical research.
Sec. 103. Staff enhancement.
TITLE II--GENERATING DEMAND FOR NATIVE PLANT MATERIALS
Sec. 201. Policy for use of locally adapted native plant materials by
Department of Agriculture and Department of
the Interior.
Sec. 202. Policy for use of locally adapted native plant materials by
Department of Defense.
Sec. 203. Surface transportation program.
Sec. 204. Native plant materials requirements for Federal development
projects.
TITLE III--AUTHORIZATION OF FEDERAL NATIVE PLANT MATERIALS RELATED
ACTIVITIES
Sec. 301. Interagency plant materials efforts.
Sec. 302. Bureau of Land Management plant conservation program.
Sec. 303. National Fish and Wildlife Foundation plant conservation
programs.
Sec. 304. Grants to support collaborative efforts to prevent endangered
species status.
SEC. 2. DEFINITIONS.
In this Act:
(1) Invasive plant species.--The term ``invasive plant
species'' means a plant species that is nonnative with respect
to an ecosystem and whose introduction into that ecosystem will
cause, or is likely to cause--
(A) economic harm;
(B) environmental harm; or
(C) harm to--
(i) human health;
(ii) animal health; or
(iii) plant health.
(2) Locally adapted.--The term ``locally adapted'' means,
with respect to a plant, a plant that--
(A) originates from an area that is geographically
proximate to a planting area; and
(B) is environmentally adapted to, and likely to
succeed in becoming established and persisting within,
that area.
(3) Native plant species.--The term ``native plant
species'' means indigenous terrestrial and aquatic plant
species that evolved naturally in a defined native ecosystem.
(4) Nonnative plant species.--The term ``nonnative plant
species'' means a plant that has been introduced by humans to a
location outside the native or natural range of the plant and
may, depending on relevant facts and circumstances, include a
species introduced from--
(A) another continent;
(B) another ecosystem;
(C) another seed zone; or
(D) another habitat within an ecosystem.
(5) Plant material.--The term ``plant material'' includes,
with respect to a native plant species or a nonnative plant
species, such a plant or material of the plant capable of
propagating that species, including--
(A) the seeds of the plant;
(B) the eggs of the plant;
(C) the spores of the plant; or
(D) other biological material of the plant.
TITLE I--PROMOTING BOTANICAL RESEARCH AND BOTANICAL SCIENCES CAPACITY
SEC. 101. DEFINITIONS.
In this title:
(1) Department.--The term ``Department'' means the
Department of the Interior.
(2) Secretary.--The term ``Secretary'' means the Secretary
of the Interior.
SEC. 102. DEPARTMENT OF THE INTERIOR BOTANICAL RESEARCH.
(a) In General.--The Secretary shall support a program of
intramural and extramural botanical science research as appropriate to
support the land management responsibilities of the Department.
(b) Areas of Emphasis.--Research conducted under this section shall
include a focus on the following topics:
(1) Effective approaches to restoring habitat damaged by
wildfires that incorporate the use of appropriate plant
materials.
(2) Effective methods for developing and using locally
adapted plant materials of native plant species in land
management activities.
(3) Effective mitigation strategies for combating invasive
plant species.
(4) Mitigation strategies relating to the impacts of long-
and medium-term environmental changes such as changes in--
(A) moisture levels;
(B) temperature;
(C) landscape fragmentation;
(D) nonnative animal species;
(E) nonnative plant species; and
(F) human activity.
(5) Methods to promote the recovery of threatened and
endangered species.
(c) Extramural Research.--
(1) In general.--As determined appropriate by the
Secretary, research conducted under this section may be carried
out through competitively awarded grants or contracts, or
cooperative agreements, awarded or entered into in accordance
with all applicable requirements governing that research.
(2) Federal share.--The Federal share of the cost of a
grant, contract, or cooperative agreement awarded or entered
into under this subsection shall be not more than 50 percent.
(d) Agencies.--This section shall apply to--
(1) the Bureau of Land Management;
(2) the United States Geological Survey;
(3) the United States Fish and Wildlife Service;
(4) the National Park Service; and
(5) any other agencies and instrumentalities of the
Department as the Secretary determines appropriate.
(e) Authorization of Appropriations.--There are authorized to be
appropriated to carry out this section--
(1) $10,000,000 for fiscal year 2020; and
(2) such sums as are necessary for each fiscal year
thereafter.
SEC. 103. STAFF ENHANCEMENT.
(a) Definition of Botanical Scientist.--In this section, the term
``botanical scientist'' means an individual with post-secondary
education in botanical sciences, including a plant ecologist and an
individual with a bachelor degree in plant biology.
(b) Botanical Sciences Staff Enhancement.--For the purpose of
improving the land management capabilities of the Department, the
Secretary shall augment the expertise of the Department in the
botanical sciences by--
(1) hiring additional personnel who are botanical
scientists under subsection (c); and
(2) establishing a loan forgiveness program under
subsection (d) to facilitate the hiring of those personnel.
(c) Hiring of Botanical Scientists.--
(1) Hiring.--
(A) In general.--By not later than September 30,
2021, the Secretary shall hire not fewer than 1 and not
greater than 20 full-time botanical scientists to
support the land management responsibilities of the
Department.
(B) Placement.--The Secretary shall determine the
appropriate placement of the botanical scientists hired
under subparagraph (A) within the appropriate agencies
of the Department with major land management
responsibilities.
(C) Utilization of pathways programs.--To the
extent practicable, the Secretary shall carry out this
section through the Pathways Programs under Executive
Order 13562 (5 U.S.C. 3301 note; relating to recruiting
and hiring students and recent graduates).
(D) Waiver of limitations.--The Secretary may waive
any limitation on the number of full-time equivalent
personnel assigned to the Department in order to carry
out the purposes of this section.
(2) Requirements.--A botanical scientist hired under
paragraph (1) shall be--
(A) in addition to--
(i) any position authorized in the
Department on the day before the date of
enactment of this Act; and
(ii) any existing vacancy within the
Department on that day;
(B) part of the competitive service (as defined in
section 2102 of title 5, United States Code); and
(C) hired in compliance with all applicable
provisions of title 5, United States Code.
(d) Loan Repayment Program.--
(1) In general.--The Secretary shall establish a program to
provide educational loan repayment to qualifying individuals
who agree to a term of employment with the Department as a
botanical scientist.
(2) Eligibility.--To be eligible to participate in the loan
repayment program under this subsection, an individual shall--
(A) either--
(i) have a degree in botanical sciences;
(ii) be enrolled in an approved graduate
training program in botanical sciences; or
(iii) be enrolled as a full-time student in
an accredited educational institution and in
the final year of a course of a study or
program, offered by that institution and
approved by the Secretary, leading to a degree
in botanical sciences; and
(B) submit to the Secretary an application for a
contract described in paragraph (4).
(3) Information to be included with application and
contract forms.--
(A) In general.--In distributing application forms
and contract forms to individuals interested in the
loan repayment program under this subsection, the
Secretary shall include with those forms a summary of
the rights and liabilities of an individual whose--
(i) application is approved; and
(ii) whose contract is accepted.
(B) Requirement.--The summary described in
subparagraph (A) shall be written in a manner
calculated to be understood by an average individual
applying to participate in the loan repayment program,
as determined by the Secretary.
(4) Contracts.--
(A) In general.--An individual shall become a
participant in the loan repayment program under this
subsection only on the Secretary and the individual
entering into a written contract in which--
(i) the Secretary agrees to repay loans on
behalf of the individual in accordance with
paragraph (5); and
(ii) the individual agrees--
(I) to accept loan payments on
behalf of the individual;
(II) if applicable, to maintain
enrollment and acceptable academic
standing in a training program or
course of study or program described in
clause (ii) or (iii) of paragraph
(2)(A), respectively; and
(III) to serve for a period equal
to 2 years, or any longer period as the
individual may agree, as a botanical
scientist employed by the Department.
(B) Other terms and conditions.--A contract under
this paragraph shall include any other appropriate
terms and conditions to clarify the rights,
obligations, and liabilities of the parties.
(5) Repayment.--
(A) In general.--A loan repayment under this
subsection shall consist of repayment by the Secretary
on behalf of the individual of government and
commercial loans received by the individual regarding
the education described in paragraph (2)(A) of the
individual for--
(i) tuition;
(ii) other reasonable educational expenses;
or
(iii) reasonable living expenses, as
determined by the Secretary.
(B) Amounts.--
(i) In general.--For each year of obligated
service that an individual contracts to serve
in the Department, the Secretary may pay not
more than $50,000 on behalf of the individual
for loans described in subparagraph (A).
(ii) Inflation adjustment.--For fiscal year
2021 and each subsequent fiscal year, the
Secretary shall adjust the amount of the
limitation described in clause (i) to reflect
inflation.
(iii) Agreements.--In making a
determination of the amount to pay under
subparagraph (A) for a year of service by an
individual, the Secretary may enter into an
agreement with the holder of any loan for which
payments are made to establish a schedule for
making those payments.
(C) Loans.--A payment under this subsection may be
used to repay--
(i) principal on a qualifying loan;
(ii) interest on a qualifying loan; and
(iii) related expenses on a qualifying
loan.
(6) Employment ceiling.--An individual who has entered into
a written contract with the Secretary under this subsection
while undergoing academic or other training shall not be
counted against any employment ceiling affecting the
Department.
(e) Authorization of Appropriations.--There are authorized to be
appropriated--
(1) for fiscal year 2020--
(A) $3,000,000 to carry out subsection (b); and
(B) $1,000,000 to carry out subsection (c); and
(2) such sums as are necessary to carry out this section
for each fiscal year thereafter.
TITLE II--GENERATING DEMAND FOR NATIVE PLANT MATERIALS
SEC. 201. POLICY FOR USE OF LOCALLY ADAPTED NATIVE PLANT MATERIALS BY
DEPARTMENT OF AGRICULTURE AND DEPARTMENT OF THE INTERIOR.
(a) Policy.--In carrying out a land management activity on Federal
land, including maintenance and restoration in response to degradation
caused by human activity or natural events (such as fire, flood, or
infestation), it is the policy of the United States that, to the extent
practicable, the Secretary of Agriculture, acting through the Chief of
the Forest Service, or the Secretary of the Interior, acting through
the heads of land management agencies of the Department of the
Interior, as appropriate (referred to in this section as the
``Secretary concerned''), shall give preference to the use of locally
adapted plant materials of native plant species.
(b) Implementation.--The Secretary concerned shall--
(1) implement the policy established by subsection (a)
through appropriate administrative actions; and
(2) specifically identify situations in which the use of
plant materials of nonnative plant species may be warranted,
including situations in which--
(A) emergency conditions require the protection of
basic resource values;
(B) an interim, nonpersistent measure is needed to
aid in the reestablishment of native plant species;
(C) plant materials of native plant species are not
reasonably available; or
(D) the plant community subject to the land
management activity has been permanently altered.
SEC. 202. POLICY FOR USE OF LOCALLY ADAPTED NATIVE PLANT MATERIALS BY
DEPARTMENT OF DEFENSE.
(a) Policy.--Chapter 159 of title 10, United States Code, is
amended by inserting after section 2692 the following new section:
``Sec. 2693. Policy for use of locally adapted native plant materials
in management of Department of Defense lands
``(a) Policy.--In undertaking a land management activity on land
under the jurisdiction of the Department of Defense, including land
withdrawn for or held by permit or lease, it is the policy of the
United States that preference to the extent practicable shall be made
for the use of locally adapted plant materials of native plant species.
``(b) Implementation.--The Secretary of Defense, acting through the
Assistant Secretary of Defense for Energy, Installations, and
Environment, shall--
``(1) implement the policy established by subsection (a)
through appropriate administrative actions; and
``(2) specifically identify situations in which the use of
plant materials of nonnative plant species may be warranted,
including situations in which--
``(A) emergency conditions require the protection
of basic resource values;
``(B) an interim, nonpersistent measure is needed
to aid in the reestablishment of native plant species;
``(C) plant materials of native plant species are
not reasonably available; or
``(D) the plant community subject to the land
management activity has been permanently altered.
``(c) Consultation.--The Secretary of Defense shall consult with
the Secretary of the Interior and the Secretary of Agriculture
regarding implementation of this section.
``(d) Definitions.--In this section:
``(1) Land management activity.--The term `land management
activity' includes--
``(A) maintenance and restoration; and
``(B) conservation and cultural activities pursuant
to sections 2691 and 2694 of this title.
``(2) Locally adapted.--The term `locally adapted' with
respect to a plant, a plant that--
``(A) originates from an area that is
geographically proximate to a planting area; and
``(B) is environmentally adapted to, and likely to
succeed in becoming established and persisting within,
that area.
``(3) Native plant species.--The term `native plant
species' means indigenous terrestrial and aquatic plant species
that evolved naturally in a defined native ecosystem.
``(4) Nonnative plant species.--The term `nonnative plant
species' means a plant that has been introduced by humans to a
location outside the native or natural range of the plant and
may, depending on relevant facts and circumstances, include a
species introduced from--
``(A) another continent;
``(B) another ecosystem;
``(C) another seed zone; or
``(D) another habitat within an ecosystem.
``(5) Plant materials.--The term `plant material' includes,
with respect to a native plant species or a nonnative plant
species, such a plant or material of the plant capable of
propagating that species, including--
``(A) the seeds of the plant;
``(B) the eggs of the plant;
``(C) the spores of the plant; or
``(D) other biological material of the plant.''.
(b) Clerical Amendment.--The table of sections at the beginning of
chapter 159 of title 10, United States Code, is amended by inserting
after the item relating to section 2692 the following:
``2693. Policy for use of locally adapted native plant materials in
management of Department of Defense
lands.''.
SEC. 203. SURFACE TRANSPORTATION PROGRAM.
Section 329 of title 23, United States Code, is amended by adding
at the end the following:
``(d) Native Plant Materials.--
``(1) Definitions.--In this subsection, the terms `locally
adapted', `native plant species', and `plant materials' have
the meanings given the terms in section 2 of the Botanical
Sciences and Native Plant Materials Research, Restoration, and
Promotion Act.
``(2) Use of native plant materials.--In carrying out
environmental mitigation efforts and environmental restoration
and pollution abatement activities as authorized by section
328, a State shall, to the maximum extent practicable, use
locally adapted plant materials of native plant species.
``(3) Consultation.--The Secretary shall consult with the
Secretary of the Interior and the Secretary of Agriculture
regarding the implementation of this subsection.''.
SEC. 204. NATIVE PLANT MATERIALS REQUIREMENTS FOR FEDERAL DEVELOPMENT
PROJECTS.
The sponsor of any development or redevelopment project involving a
Federal facility with a footprint that exceeds 5,000 square feet shall
use site planning, design, construction, and maintenance strategies for
the property to establish, maintain, or restore, to the maximum extent
technically feasible, the use of locally adapted plant materials of
native plant species on all natural spaces, including, where feasible,
roofs and other appropriate portions of the structure.
TITLE III--AUTHORIZATION OF FEDERAL NATIVE PLANT MATERIALS RELATED
ACTIVITIES
SEC. 301. INTERAGENCY PLANT MATERIALS EFFORTS.
(a) Definition of Federal Agency.--In this section, the term
``Federal agency'' means the following--
(1) in the Department of the Interior--
(A) the Bureau of Indian Affairs;
(B) the Bureau of Land Management;
(C) the National Park Service;
(D) the United States Fish and Wildlife Service;
and
(E) the United States Geological Survey;
(2) in the Department of Agriculture--
(A) the Agricultural Research Service;
(B) the Forest Service;
(C) the National Institute of Food and Agriculture;
and
(D) the Natural Resources Conservation Service;
(3) the United States Botanic Garden;
(4) the Smithsonian Institution; and
(5) the Federal Highway Administration.
(b) Activities.--The heads of the Federal agencies shall
collaborate, as appropriate, regarding land use responsibility to carry
out the following activities relating to plant materials of native
plant species:
(1) Identifying seed needs and ensuring the reliable
availability of genetically appropriate seed.
(2) Conducting research to develop genetically appropriate
seed and improving technology for seed production and
ecological restoration.
(3) Supporting the ability of land managers to make timely
and informed seeding decisions for ecological restoration.
(4) Enhancing, protecting, and restoring plant materials,
as necessary to support pollinators and dispersers.
(5) Coordinating activities with the goals of sustaining
and restoring public land through the use of techniques and
materials that promote, to the extent practicable, the use of
locally adapted plant materials of native plant species.
SEC. 302. BUREAU OF LAND MANAGEMENT PLANT CONSERVATION PROGRAM.
(a) In General.--The Director of the Bureau of Land Management
(referred to in this section as the ``Director'') may carry out
activities to develop and use plant materials of native plant species.
(b) Activities.--Activities that may be carried out under
subsection (a) include the following:
(1) Identifying, evaluating, and protecting rare plants on
public land.
(2) Understanding the effects of human activity on native
plant species and communities on public land.
(3) Supporting efforts to develop genetically appropriate
plant materials of native plant species for restoring and
maintaining habitat for animal species (including the sage
grouse) and plant species and monitoring the effectiveness of
those plant materials.
(4) Ensuring that the needs of the Director for plant
materials of native plant species are met.
(5) Developing seed transfer zones and guidelines.
(6) Supporting public-private partnerships to catalogue and
store plant materials.
(7) Coordinating a national network of seed storage
warehouses.
(8) Implementing habitat conservation and restoration on a
landscape scale.
(9) Supporting public-private efforts and volunteer efforts
to support plant conservation.
(c) Authorization of Appropriations.--There are authorized to be
appropriated to carry out this section--
(1) $35,000,000 for fiscal year 2020; and
(2) such sums as are necessary for each fiscal year
thereafter.
SEC. 303. NATIONAL FISH AND WILDLIFE FOUNDATION PLANT CONSERVATION
PROGRAMS.
The National Fish and Wildlife Foundation (referred to in this
section as the ``Foundation'') shall--
(1) ensure that a program of activities specifically
focused on the conservation and protection of native plant
species is incorporated into the existing programs and
activities of the Foundation; and
(2) not later than September 30 of each year, submit to
Congress a report describing the implementation of paragraph
(1).
SEC. 304. GRANTS TO SUPPORT COLLABORATIVE EFFORTS TO PREVENT ENDANGERED
SPECIES STATUS.
The Fish and Wildlife Act of 1956 (16 U.S.C. 742a et seq.) is
amended by adding at the end the following:
``SEC. 15. THREATENED AND ENDANGERED PLANTS.
``(a) Definitions.--In this section:
``(1) Eligible entity.--The term `eligible entity' means--
``(A) a State;
``(B) a unit of local government;
``(C) an Indian tribe;
``(D) a Native Hawaiian organization (as defined in
section 2 of the Native American Graves Protection and
Repatriation Act (25 U.S.C. 3001)); and
``(E) a nonprofit organization.
``(2) Indian tribe.--The term `Indian tribe' has the
meaning given the term in section 2 of the Native American
Graves Protection and Repatriation Act (25 U.S.C. 3001).
``(3) Secretary.--The term `Secretary' means the Secretary
of the Interior, acting through the Director of the United
States Fish and Wildlife Service.
``(4) State.--The term `State' means--
``(A) each of the several States of the United
States;
``(B) the District of Columbia;
``(C) the Commonwealth of Puerto Rico;
``(D) the United States Virgin Islands;
``(E) Guam;
``(F) American Samoa; and
``(G) the Commonwealth of the Northern Mariana
Islands.
``(b) Grants.--
``(1) In general.--The Secretary shall establish a program
to provide collaborative grants to eligible entities for
projects--
``(A) to prevent rare plant species from becoming
endangered species; and
``(B) to encourage the recovery of endangered plant
species.
``(2) Procedures.--A grant under this section shall be made
competitively in compliance with fully transparent procedures,
as established by the Secretary.
``(3) Federal share.--The Federal share of the cost of a
grant awarded under this section shall be not more than 50
percent.
``(c) Preference.--The Secretary shall give preference to projects
described in subsection (b)(1) that--
``(1) involve collaboration between--
``(A) the Federal Government, States, Indian
tribes, and units of local government; and
``(B) nonprofit organizations with knowledge and
experience in rare and endangered plant restoration
issues; and
``(2) are in States or communities that are home to a
significant percentage of threatened or endangered plants.
``(d) Authorization of Appropriations.--There are authorized to be
appropriated to carry out this section--
``(1) $54,000,000 for fiscal year 2020; and
``(2) such sums as are necessary for each fiscal year
thereafter.''.
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