[Senate Report 117-179]
[From the U.S. Government Publishing Office]


                                                      Calendar No. 530
117th Congress      }                             {         Report
                                 SENATE
 2d Session         }                             {         117-179

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                   NATIVE PLANT SPECIES PILOT PROGRAM

                                _______
                                

                October 18, 2022.--Ordered to be printed

 Filed, under authority of the order of the Senate of October 14, 2022

                                _______
                                

   Mr. Manchin, from the Committee on Energy and Natural Resources, 
                        submitted the following

                              R E P O R T

                         [To accompany S. 557]

    The Committee on Energy and Natural Resources, to which was 
referred the bill (S. 557), to establish a pilot program for 
native plant species, and for other purposes, having considered 
the same, reports favorably thereon with an amendment in the 
nature of a substitute and recommends that the bill, as 
amended, do pass.

                               AMENDMENT

    The amendment is as follows:
    Strike all after the enacting clause and insert the 
following:

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Native Plant Species Pilot Program 
Act of 2022''.

SEC. 2. PILOT PROGRAM FOR NATIVE PLANT SPECIES.

    (a) Establishment.--Not later than 180 days after the date on which 
funds are made available to carry out this Act, the Secretary of the 
Interior (referred to in this section as the ``Secretary'') shall, in 
accordance with any existing laws and management policies, carry out a 
pilot program to prioritize the use of native plant species within 
geographically diverse units of the National Park System and public 
land administered by the Bureau of Land Management.
    (b) Implementation.--In carrying out the pilot program under 
subsection (a), the Secretary shall, to the extent practicable--
          (1) give preference to the use of locally adapted native 
        plant materials where appropriate;
          (2) incorporate efforts to prevent, control, or eradicate the 
        spread of invasive species;
          (3) incorporate efforts to use native plants in areas that 
        have experienced a recent wildfire event; and
          (4) identify situations in which the use of non-native plants 
        may be warranted.
    (c) Coordination.--The Secretary shall, in carrying out the pilot 
program under subsection (a), coordinate activities with--
          (1) the National Seed Strategy of the Bureau of Land 
        Management;
          (2) the Plant Conservation Alliance; and
          (3) the Plant Materials Centers of the Natural Resources 
        Conservation Service.
    (d) Termination of Authority.--The authority to carry out the pilot 
program under subsection (a) terminates on the date that is 5 years 
after the date on which the pilot program is established under that 
subsection.
    (e) Report.--Not later than 1 year after the date on which the 
authority to carry out the pilot program terminates under subsection 
(d), the Secretary shall submit to Congress a report describing--
          (1) the results of the pilot program carried out under 
        subsection (a); and
          (2) the cost-effectiveness of using native plants in units of 
        the National Park System and public land administered by the 
        Bureau of Land Management.

                                PURPOSE

    The purpose of S. 557 is to establish a pilot program for 
native plant species within geographically diverse units of the 
National Park System and public lands administered by the 
Bureau of Land Management.

                          BACKGROUND AND NEED

    Promoting the use of native plants on federal lands is 
vital to preserving biodiversity and is beneficial for 
wildlife, human health, and the environment. However, of the 
20,000 known native plant species in North America, it is 
estimated that approximately 30 percent are at risk of 
extinction as a result of factors such as habitat loss, 
invasive species, temperature shifts, and pesticide use.
    Native plants boast significant advantages over non-native 
species. Plants native to surrounding areas require fewer 
pesticides and do not require fertilizer and are adapted to the 
weather conditions and require less water and maintenance. 
Mowing is not typically necessary for native plants, which may 
reduce fuel consumption, air pollution, and emissions. Finally, 
native plants provide vital habitat and food for wildlife and 
nectar for pollinators, including hummingbirds, native bees, 
butterflies, moths, and bats. Non-native plants and invasive 
species, on the other hand, can invade the surrounding habitat 
and cause potential disruption to the native wildlife and 
larger ecosystems. The spread of invasive species after a 
wildfire is especially common, particularly in arid 
environments, as recently burned areas provide an ideal 
environment for invasive plants to thrive. Reintroduction of 
native plants directly after a fire can help prevent the spread 
of invasive species and restore the land to its natural state.
    As ordered reported, S. 557 establishes a pilot program 
within the National Park Service and the Bureau of Land 
Management to promote and increase the use of native plants on 
Federal land.

                          LEGISLATIVE HISTORY

    S. 557 was introduced by Senator Collins and Senator 
Cantwell on March 3, 2021. The Subcommittee on National Parks 
held a hearing on S. 557 on May 11, 2022.
    Representative Cartwright introduced a companion bill, H.R. 
1548, in the House of Representatives on March 3, 2021. The 
House Natural Resources Subcommittee on National Parks, 
Forests, and Public Lands held a hearing on H.R. 1548 on June 
14, 2022.
    Senators Collins and Cantwell introduced similar 
legislation in the 116th Congress, S. 3150, on January 6, 2020. 
Representative Cartwright introduced a companion bill, H.R. 
6024, on March 9, 2020. No further action was taken on either 
bill.

                        COMMITTEE RECOMMENDATION

    The Senate Committee on Energy and Natural Resources, in an 
open business session on July 21, 2022, by a voice vote of a 
quorum present, recommends that the Senate pass S. 557, if 
amended as described herein.

                          COMMITTEE AMENDMENT

    During its consideration of S. 557, the Committee adopted 
an amendment in the nature of a substitute that, in addition to 
making several clarifying changes, extends the pilot project to 
the Bureau of Land Management, and directs the National Park 
Service and the Bureau of Land Management to prioritize the use 
of native plants in areas that experience a recent wildfire 
event.

                      SECTION-BY-SECTION ANALYSIS

Section 1. Short title

    Section 1 establishes the short title of the bill as the 
``Native Plant Species Pilot Program Act of 2022''.

Sec. 2. Pilot program for native plant species

    Subsection (a) directs the Secretary of the Interior to 
establish a pilot program to prioritize the use of native plant 
species within geographically diverse units of the National 
Park Service and public lands administered by the Bureau of 
Land Management within 180 days after the date funds are made 
available to carry out this Act.
    Subsection (b) outlines guidelines for implementing the 
pilot project, including giving preference to locally adapted 
native plant materials, incorporating efforts to prevent, 
control, or eradicate the spread of invasive species, and using 
native plants in areas that experience a recent wildfire event.
    Subsection (c) requires the Secretary to coordinate with 
the National Seed Strategy of the Bureau of Land Management, 
the Plant Conservation Alliance, and the Plant Materials 
Centers of the Natural Resources Conservation Service in 
carrying out the pilot program.
    Subsection (d) authorizes the pilot program for five years 
following its establishment.
    Subsection (e) requires the Secretary to submit a report to 
Congress that outlines the results of the pilot program and the 
cost effectiveness of using native plants.

                   COST AND BUDGETARY CONSIDERATIONS

    The Committee has requested, but has not yet received, the 
Congressional Budget Office's estimate of the cost of S. 557 as 
ordered reported. When the Congressional Budget Office 
completes its cost estimate, it will be posted on the Internet 
at www.cbo.gov.

                      REGULATORY IMPACT EVALUATION

    In compliance with paragraph 11(b) of rule XXVI of the 
Standing Rules of the Senate, the Committee makes the following 
evaluation of the regulatory impact which would be incurred in 
carrying out S. 557. The bill is not a regulatory measure in 
the sense of imposing Government-established standards or 
significant economic responsibilities on private individuals 
and businesses. No personal information would be collected in 
administering the program. Therefore, there would be no impact 
on personal privacy. Little, if any, additional paperwork would 
result from the enactment of S. 557, as ordered reported.

                   CONGRESSIONALLY DIRECTED SPENDING

    S. 557, as ordered reported, does not contain any 
congressionally directed spending items, limited tax benefits, 
or limited tariff benefits as defined in rule XLIV of the 
Standing Rules of the Senate.

                        EXECUTIVE COMMUNICATIONS

    The testimony provided by the Department of the Interior at 
the May 11, 2022, hearing on S. 577 follows:

 Statement of Michael A. Caldwell, Associate Director, Park Planning, 
 Facilities, and Lands, National Park Service, U.S. Department of the 
                                Interior

    Chairman King, Ranking Member Daines, and members of the 
Subcommittee, thank you for the opportunity to present the 
Department of the Interior's views on S. 557, the Native Plant 
Species Pilot Program Act of 2021. The Department supports S. 
557.
    S. 557, the Native Plant Species Pilot Program Act of 2021, 
would create a pilot program to utilize native plant materials 
in projects within National Park Service units to protect 
native plant biodiversity. The bill complements and enhances 
how the National Park Service utilizes native plant materials 
for revegetation on projects throughout the Service.
    S. 557 is aligned with the National Park Service mission 
and NPS 2006 Management Policies. National Park System units 
acquire native plant materials through a variety of mechanisms 
including greenhouses, seed storage capacity, native plant 
nurseries within park units, and by working with partners to 
obtain native plant materials for restoration activities. For 
example, at Flight 93 National Memorial, on a former surface 
mine restoration project, more than 4,200 volunteers have 
planted 41 varieties of native trees and shrubs across 197 
acres. At Devil's Tower National Monument, park staff and 
contractors used locally collected native plant seed to restore 
3 acres of disturbed land at the park's visitor center and 
along the popular Power Trail to Devil's Tower. At Pea Ridge 
National Military Park, National Park Service staff and 
contractors collected native seed from remnant prairies and 
planted them in agricultural fields outside the park. The seed 
and plants will be harvested and used to restore 30 acres of 
Civil War battlefield, including an obliterated highway, 
existing roadways, and areas near the park's Visitor Center.
    Finally, the NPS would like to work with the sponsor and 
the Committee to address technical edits regarding the 
implementation of the bill.
    Chairman King, this concludes my statement. I would be 
pleased to answer any questions you or other members of the 
Subcommittee may have.

                        CHANGES IN EXISTING LAW

    In compliance with paragraph 12 of rule XXVI of the 
Standing Rules of the Senate, the Committee notes that no 
changes in existing law are made by the bill as ordered 
reported.

                                  [all]