[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 1238 Introduced in Senate (IS)]
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118th CONGRESS
1st Session
S. 1238
To amend the Plant Protection Act for purposes of mitigating the threat
of invasive species, and for other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
April 20, 2023
Mr. Welch (for himself, Mr. Braun, and Ms. Hassan) introduced the
following bill; which was read twice and referred to the Committee on
Agriculture, Nutrition, and Forestry
_______________________________________________________________________
A BILL
To amend the Plant Protection Act for purposes of mitigating the threat
of invasive species, 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.
This Act may be cited as the ``Invasive Species Prevention and
Forest Restoration Act''.
SEC. 2. EMERGENCY AUTHORITY WITH RESPECT TO INVASIVE SPECIES.
Section 442 of the Plant Protection Act (7 U.S.C. 7772) is
amended--
(1) in subsection (a), by inserting ``directly or
indirectly'' before ``threatens'';
(2) in subsection (b)--
(A) by striking ``shall remain'' and inserting the
following: ``shall--
``(1) remain'';
(B) in paragraph (1) (as so designated), by
striking the period at the end and inserting ``; and'';
and
(C) by adding at the end the following:
``(2) be transferred not later than 60 days after the date
on which the Secretary determines that there is an emergency
described in subsection (a).'';
(3) by redesignating subsection (c) as subsection (d); and
(4) by inserting after subsection (b) the following:
``(c) Emergency Determination.--In determining whether there is an
emergency described in subsection (a), the Secretary shall consider,
but shall not treat as a dispositive factor, whether there are
sufficient Federal funds available to timely achieve the arrest,
control, eradication, or prevention of the spread of the applicable
plant pest or noxious weed.''.
SEC. 3. FOREST RECLAMATION GRANTS.
Subtitle K of the National Agricultural Research, Extension, and
Teaching Policy Act of 1977 (7 U.S.C. 3310 et seq.) is amended by
adding at the end the following:
``SEC. 1473I. FOREST RECLAMATION GRANTS.
``(a) Definitions.--In this section:
``(1) Eligible entity.--The term `eligible entity' means
any of the following:
``(A) A Federal agency.
``(B) A State cooperative institution.
``(C) A college or university offering a
baccalaureate or higher degree in the study of food,
forestry, and agricultural sciences.
``(D) An organization described in section
501(c)(3) of the Internal Revenue Code of 1986 and
exempt from taxation under section 501(a) of that Code.
``(2) Noxious weed; plant pest.--The terms `noxious weed'
and `plant pest' have the meanings given those terms in section
403 of the Plant Protection Act (7 U.S.C. 7702).
``(b) Grant Awards.--For purposes of addressing the critical threat
to numerous tree species posed by nonnative plant pests and noxious
weeds, the Secretary shall award competitive grants to eligible
entities under which the eligible entities shall--
``(1) conduct research to promote the restoration of
affected tree species, including research on--
``(A) biological control of nonnative plant pests
or noxious weeds threatening or heavily damaging native
tree species;
``(B) exploration of genetic manipulation of plant
pests or noxious weeds;
``(C) enhancement of pest-resistance mechanisms of
hosts; and
``(D) development of other strategies for restoring
individual tree species; and
``(2) develop, and disseminate to the public, tools and
information based on the research conducted under paragraph
(1).
``(c) Applications.--An eligible entity seeking to receive a grant
under this section shall submit to the Secretary an application at such
time, in such manner, and containing such information as the Secretary
may require, including a description of a comprehensive forest
restoration research program to be carried out by the eligible entity
using the funds received through the grant.
``(d) Use of Funds.--
``(1) In general.--An eligible entity receiving a grant
under this section shall use the funds received through the
grant to conduct research intended to address specific
questions relating to the recovery of tree species that are
native to the United States and suffering severe levels of
mortality caused by nonnative plant pests or noxious weeds.
``(2) Matching requirement.--
``(A) In general.--An eligible entity receiving a
grant under this section shall provide matching funds
from non-Federal sources in an amount equal to not less
than 20 percent of the grant.
``(B) Indirect costs.--
``(i) In general.--Indirect costs charged
against a grant awarded under this section
shall not exceed 30 percent of the total
Federal funds provided under the grant award.
``(ii) Inclusions.--Indirect costs
described in clause (i) shall include--
``(I) equipment used in relation to
the grant;
``(II) capital improvements of
facilities that are necessary to carry
out the grant;
``(III) accounting costs, personnel
costs, and administrative costs
incurred by an eligible entity
necessary to carry out the grant; and
``(IV) such other costs as the
Secretary determines to be appropriate.
``(3) Maximum amount of grants.--An eligible entity may not
receive more than a total of $400,000 per year in grant funding
under this section.
``(e) Cooperation Among Eligible Entities.--To the maximum extent
practicable, the Secretary shall encourage eligible entities to
cooperate in setting research priorities under this section.
``(f) Committees.--In carrying out this section, the Secretary
shall--
``(1) establish a committee of experts composed of
representatives of the Forest Service, the Animal and Plant
Health Inspection Service, the Agricultural Research Service,
and State forestry agencies to advise the Secretary on criteria
appropriate for--
``(A) defining research topics eligible for funding
under this section;
``(B) reviewing the adherence of grant proposals to
the purposes described in subsection (b)(1); and
``(C) membership in scientific peer review panels
to review grant applications under this section; and
``(2) establish an advisory committee composed of
representatives of land-grant colleges and universities and
affiliated State agricultural experiment stations, the forest
products industry, recreationists, and professional forester,
conservation, and conservation scientist organizations to
assist the committee of experts established under paragraph (1)
with respect to the responsibilities of that committee
described in subparagraphs (A), (B), and (C) of that paragraph.
``(g) Reports.--Not later than 1 year after the date on which the
first grant is awarded under this section, and annually thereafter, the
Secretary shall submit to the Committee on Agriculture of the House of
Representatives and the Committee on Agriculture, Nutrition, and
Forestry of the Senate a report describing the use of funds under this
section in the previous year.
``(h) Funding.--Of the funds of the Commodity Credit Corporation,
the Secretary shall use to carry out this section--
``(1) $3,000,000 for fiscal year 2023;
``(2) $5,000,000 for fiscal year 2024;
``(3) $8,000,000 for fiscal year 2025; and
``(4) $10,000,000 for fiscal year 2026.''.
SEC. 4. FOREST RESTORATION IMPLEMENTATION GRANTS.
Subtitle K of the National Agricultural Research, Extension, and
Teaching Policy Act of 1977 (7 U.S.C. 3310 et seq.) (as amended by
section 3) is amended by adding at the end the following:
``SEC. 1473J. FOREST RESTORATION IMPLEMENTATION GRANTS.
``(a) Definitions.--In this section:
``(1) Eligible entity.--The term `eligible entity' means
any of the following:
``(A) A cooperating forestry school.
``(B) A land-grant college or university.
``(C) A State agricultural experimental station.
``(D) An organization described in section
501(c)(3) of the Internal Revenue Code of 1986 and
exempt from taxation under section 501(a) of that Code.
``(2) Noxious weed; plant pest.--The terms `noxious weed'
and `plant pest' have the meanings given those terms in section
403 of the Plant Protection Act (7 U.S.C. 7702).
``(b) Grant Awards.--The Secretary may award grants on a
competitive basis under this section to eligible entities to support--
``(1) the implementation of research conducted under
section 1473I; or
``(2) any other solution that the committee established
under subsection (f)(1) of that section determines to be
effective in restoring forest tree species native to forests in
the United States that have suffered severe levels of mortality
caused by nonnative plant pests or noxious weeds.
``(c) Application.--An eligible entity seeking to receive a grant
under this section shall submit to the Secretary an application at such
time, in such manner, and containing such information as the Secretary
may require, including a demonstration that the eligible entity has a
program in effect with a forest restoration strategy that incorporates
a majority of the following components:
``(1) Collection and conservation of native tree genetic
material.
``(2) Production of propagules of native trees in numbers
large enough for landscape-scale restoration.
``(3) Preparation of planting sites in former habitats of
the native tree species that are the subjects of the
application.
``(4) Planting of native tree seedlings.
``(5) Post-planting maintenance of native trees.
``(d) Selection Criteria.--The Secretary shall select an eligible
entity to receive a grant under this section based on the degree to
which the application submitted by the eligible entity under subsection
(c) addresses the following criteria:
``(1) The risk posed to the forests of the State in which
the work is to be conducted using funding received through the
grant by nonnative plant pest or noxious weed species present
in the State.
``(2) The proportion of the forest land of the State
composed of species vulnerable to nonnative plant pests or
noxious weeds present in the United States.
``(3) The rate of spread in the State, through natural or
human-assisted means, of nonnative plant pests or noxious
weeds.
``(4) The environmental and public health safety of the
project proposed to be conducted using funding received through
the grant, as demonstrated by supporting research.
``(e) Matching Requirement.--
``(1) In general.--An eligible entity receiving a grant
under this section shall provide matching funds from non-
Federal sources in an amount equal to not less than 10 percent
of the grant.
``(2) Indirect costs.--
``(A) In general.--Indirect costs charged against a
grant awarded under this section shall not exceed 30
percent of the total Federal funds provided under the
grant award.
``(B) Inclusions.--Indirect costs described in
subparagraph (A) shall include--
``(i) equipment used in relation to the
grant;
``(ii) capital improvements of facilities
that are necessary to carry out the grant;
``(iii) accounting costs, personnel costs,
and administrative costs incurred by an
eligible entity necessary to carry out the
grant; and
``(iv) such other costs as the Secretary
determines to be appropriate.
``(f) Funding.--
``(1) In general.--Of the funds of the Commodity Credit
Corporation, the Secretary shall use to carry out this section
$25,000,000 for each of fiscal years 2023 through 2026.
``(2) Limitation.--Of the funds made available under
paragraph (1) for a fiscal year, not more than 5 percent may be
used by the Secretary for expenses relating to the
administration of this section.''.
SEC. 5. STUDY ON PROTECTION OF FORESTS FROM NONNATIVE PLANT PESTS AND
PATHOGENS.
(a) Findings.--Congress finds that--
(1) many Federal agencies have important roles to play in
addressing nonnative plant pests and pathogens in the
stewardship and management of forests by those Federal
agencies;
(2) because of a lack of national policy, nonnative plant
pests and pathogens of forests are a low priority for all
Federal agencies; and
(3) efforts to prevent the introduction and spread of
nonnative plant pests and pathogens, and especially to reduce
the resulting damage and restore tree species to forests, lack
coordination and action.
(b) Study.--
(1) In general.--The Secretary of Agriculture (referred to
in this section as the ``Secretary'') shall seek to enter into
an agreement (referred to in this section as the ``Agreement'')
with the National Academy of Sciences, or another
nongovernmental entity that the Secretary determines to be most
appropriate, under which the National Academy of Sciences or
other entity, as applicable, not later than 1 year after the
date of enactment of this Act, shall conduct, and submit to
Congress a report describing the results of, a study to analyze
the available resources that Federal agencies have to research,
and find solutions to, nonnative plant pests and pathogens.
(2) Recommendations.--The report submitted pursuant to
paragraph (1) shall include recommendations--
(A) with respect to--
(i) establishing a national policy to
effectively counter the threat posed by
nonnative pests and disease pathogens to tree
species, including preventing the introduction
and spread of those pests and pathogens,
minimizing the damage caused by those pests and
pathogens, and restoring affected tree species
to the forest;
(ii) improving coordination and cooperation
among Federal agencies with responsibility for
management and repair of the decimation of tree
species affected by nonnative pests and disease
pathogens and associated ecological
destruction;
(iii) addressing the low prioritization by
the Federal agencies described in clause (ii)
of nonnative plant pests and pathogens
affecting forests and trees;
(iv)(I) identifying expertise and site and
facility resources within the Federal agencies
described in clause (ii); and
(II) improving coordination among those
agencies with respect to the management and
repair described in clause (ii), including
coordination with academic institutions and
other appropriate nonprofit organizations;
(v) the establishment of a center for
nonnative forest pest control, prevention, and
species restoration within the Department of
Agriculture, including potential organizational
structures of such a center, with an emphasis
on including representation of a wide variety
of appropriate agencies within the center,
including the Animal and Plant Health
Inspection Service, the Agriculture Research
Service, the National Institute of Food and
Agriculture, the Natural Resources Conservation
Service, the Forest Service, and any other
agency that the Secretary determines is
appropriate; and
(vi)(I) giving priority to the emergency
response of the Department of Agriculture to an
emergency relating to nonnative pests and
disease pathogens;
(II) clarifying the coordination of the
Department of Agriculture with other Federal
agencies in responding to those emergencies;
and
(III) identifying funding levels sufficient
to carry out responses to those emergencies;
and
(B) that--
(i) take into account existing Federal
resources; and
(ii) may be implemented through further
legislative and administrative action.
(3) Consultation.--The Agreement shall require the National
Academy of Sciences or other entity, as applicable, to consult
with specialists in entomology, genetics, forest pathology,
tree breeding, forest and urban ecology, and invasive species
management.
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