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[Congressional Bills 115th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1054 Introduced in House (IH)]

<DOC>

115th CONGRESS
  1st Session
                                H. R. 1054

To promote botanical research and botanical sciences capacity, and for 
                            other purposes.

_______________________________________________________________________

                    IN THE HOUSE OF REPRESENTATIVES

                           February 14, 2017

Mr. Quigley (for himself and Ms. Ros-Lehtinen) introduced the following 
bill; which was referred to the Committee on Natural Resources, and in 
      addition to the Committees on Agriculture, Armed Services, 
  Transportation and Infrastructure, and House Administration, for a 
 period to be subsequently determined by the Speaker, in each case for 
consideration of such provisions as fall within the jurisdiction of the 
                          committee concerned

_______________________________________________________________________

                                 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.

    This Act may be cited as the ``Botanical Sciences and Native Plant 
Materials Research, Restoration, and Promotion Act''.

SEC. 2. TABLE OF CONTENTS.

    The table of contents for this Act is as follows:

Sec. 1. Short title.
Sec. 2. Table of contents.
Sec. 3. Definitions.
 TITLE I--PROMOTING BOTANICAL RESEARCH AND BOTANICAL SCIENCES CAPACITY

Sec. 101. Department of the Interior botanical research.
Sec. 102. 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. 3. DEFINITIONS.

    As used in this Act, the following terms have the following 
meanings:
            (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, economic harm, environmental 
        harm, or harm to human, animal, or plant health.
            (2) Locally adapted.--The term ``locally adapted'' with 
        respect to plants, means plants that originate from an area 
        that is geographically proximate to a planting area and that 
        are environmentally adapted to, and likely to succeed in 
        becoming established and persisting within, such 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 its native or natural range and may, depending 
        on relevant facts and circumstances, include a species 
        introduced from another continent, ecosystem, seed zone, or 
        habitat within an ecosystem.
            (5) Plant materials.--The term ``plant materials'' 
        includes, with respect to a native plant species or a nonnative 
        plant species, such a plant or its seeds, eggs, spores, or 
        other biological material capable of propagating that species.

 TITLE I--PROMOTING BOTANICAL RESEARCH AND BOTANICAL SCIENCES CAPACITY

SEC. 101. DEPARTMENT OF THE INTERIOR BOTANICAL RESEARCH.

    (a) In General.--The Secretary of the Interior, acting through the 
Bureau of Land Management, United States Geological Survey, United 
States Fish and Wildlife Service, National Park Service, and such other 
agencies and instrumentalities as the Secretary determines appropriate, 
shall support a robust program of intramural and extramural botanical 
science research as relevant and appropriate to support the 
Department's land management responsibilities.
    (b) Areas of Emphasis.--Research conducted pursuant to 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 native plant materials in land management activities.
            (3) Effective mitigation strategies for combating invasive 
        plant species.
            (4) Mitigation strategies related to the impacts of long- 
        and medium-term environmental changes such as changes in 
        moisture levels, temperature, landscape fragmentation, 
        nonnative animal and plant species, and human activity.
            (5) Methods to promote the recovery of threatened and 
        endangered species.
    (c) Extramural Research.--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 in accordance with all applicable requirements 
governing such activities.
    (d) Authorization of Appropriations.--To carry out the purposes of 
this section, there are authorized to be appropriated $10,000,000 for 
fiscal year 2018, and such sums as may be necessary for subsequent 
fiscal years.

SEC. 102. STAFF ENHANCEMENT.

    (a) In General.--For the purpose of improving the Department's land 
management capabilities, the Secretary of the Interior is authorized to 
augment the expertise of the Department of the Interior in the 
botanical sciences by--
            (1) hiring additional personnel with expertise in the 
        botanical sciences; and
            (2) establishing a loan forgiveness program to facilitate 
        the hiring of such personnel.
    (b) Authorization.--
            (1) Subject to the availability of appropriations for such 
        purpose, by not later than September 30, 2019, the Secretary 
        shall hire not more than 20 full-time Botanical Science 
        Personnel to support the Department's land management 
        responsibilities. The Secretary shall determine the appropriate 
        placement of such personnel within the appropriate agencies of 
        the Department with major land management responsibilities. The 
        Secretary may waive any limitation on the number of full-time 
        equivalent personnel assigned to the Department and its 
        constituent agencies in order to carry out the purposes of this 
        section.
            (2) Personnel hired pursuant to paragraph (1) shall be--
                    (A) in addition to any positions authorized before 
                the date of the enactment of this Act and any existing 
                vacancies within the Department on such date;
                    (B) part of the Competitive Service; and
                    (C) hired in compliance with all applicable 
                provisions of title 5, United States Code.
    (c) 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 
        Botanical Science Personnel.
            (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 such 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.--In disseminating application forms and 
        contract forms to individuals desiring to participate in the 
        loan repayment program, the Secretary shall include with such 
        forms a fair summary of the rights and liabilities of an 
        individual whose application is approved (and whose contract is 
        accepted). Such information shall be written in a manner 
        calculated to be understood by the average individual applying 
        to participate in the loan repayment program.
            (4) Contracts.--
                    (A) In general.--An individual becomes a 
                participant in the loan repayment program only upon the 
                Secretary and the individual entering into a written 
                contract whereby--
                            (i) the Secretary agrees to pay on behalf 
                        of the individual loans in accordance with 
                        paragraph (5), subject to the availability of 
                        appropriated funds; and
                            (ii) the individual agrees to--
                                    (I) accept loan payments on behalf 
                                of the individual; and
                                    (II) if applicable, maintain 
                                enrollment and acceptable academic 
                                standing in a course of study or 
                                training described in paragraph (2) and 
                                serve for a time period equal to 2 
                                years or such longer period as the 
                                individual may agree to as a botanical 
                                scientist employed by the Department.
                    (B) Other terms and conditions.--Such contracts 
                shall include all other necessary and appropriate terms 
                and conditions to clarify the rights, obligations, and 
                liabilities of the parties.
            (5) Repayment.--
                    (A) In general.--A loan repayment provided for an 
                individual under a written contract under the repayment 
                program authorized by this subsection shall consist of 
                payment on behalf of the individual of the principal, 
                interest, and related expenses on government and 
                commercial loans received by the individual regarding 
                the undergraduate or graduate education of the 
                individual (or both), which loans were made for 
                tuition, other reasonable educational expenses, or 
                reasonable living expenses, as determined by the 
                Secretary.
                    (B) Amounts.--For each year of obligated service 
                that an individual contracts to serve, the Secretary 
                may pay up to $50,000 (plus, beginning with fiscal year 
                2019, an amount determined by the Secretary on an 
                annual basis to reflect inflation) on behalf of the 
                individual for loans described in this paragraph. In 
                making a determination of the amount to pay for a year 
                of such service by an individual, the Secretary may 
                enter into an agreement with the holder of any such 
                loan for which payments are made to establish a 
                schedule for the making of such payments.
            (6) Employment ceiling.--Notwithstanding any other 
        provision of law, individuals who have entered into written 
        contracts with the Secretary under this section, while 
        undergoing academic or other training, shall not be counted 
        against any employment ceiling affecting the Department.
    (d) Definition.--For the purposes of this section, the term 
``Botanical Science Personnel'' means individuals with post-secondary 
education in the field of botany, including plant ecologists and 
individuals with a bachelor's degree in plant biology.
    (e) Authorization of Appropriations.--To carry out the purposes of 
this section, there are authorized to be appropriated--
            (1) for fiscal year 2018--
                    (A) $3,000,000 for subsection (b); and
                    (B) $1,000,000 for subsection (c); and
            (2) for each fiscal year after fiscal year 2018, such sums 
        as may be necessary.

         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 undertaking a land management activity on Federal 
lands under the jurisdiction of the Department of Agriculture or the 
Department of the Interior, 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 preference shall be made to the extent practicable for the 
use of locally adapted native plant materials.
    (b) Implementation.--The Secretary of Agriculture, acting through 
the Chief of the Forest Service, and the Secretary of the Interior, 
acting through the heads of land management agencies of the Department 
of the Interior, shall--
            (1) implement the policy established by subsection (a) 
        through appropriate administrative actions; and
            (2) specifically identify situations in which the use of 
        nonnative plant materials 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) native plant materials 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:
``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 native plant materials.
    ``(b) Implementation.--The Secretary of Defense, acting through the 
Under Secretary for Installations, shall--
            ``(1) implement the policy established by subsection (a) 
        through appropriate administrative actions; and
            ``(2) specifically identify situations in which the use of 
        nonnative plant materials 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) native plant materials 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 plants, means plants that originate from an area 
        that is geographically proximate to a planting area and that 
        are environmentally adapted to, and likely to succeed in 
        becoming established and persisting within, such 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 its native or natural range and may, depending 
        on relevant facts and circumstances, include a species 
        introduced from another continent, ecosystem, seed zone, or 
        habitat within an ecosystem.
            ``(5) Plant materials.--The term `plant materials' 
        includes, with respect to a native plant species or a nonnative 
        plant species, such a plant or its seeds, eggs, spores, or 
        other biological material capable of propagating that 
        species.''.
    (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) In general.--In carrying out environmental mitigation 
        efforts and environmental restoration and pollution abatement 
        activities as authorized by section 133(b), a State shall, to 
        the extent practicable, maximize the use of locally adapted 
        native plant materials.
            ``(2) 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 native plant materials 
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) Activities.--The heads of the agencies shall collaborate, as 
appropriate, regarding land use responsibility to undertake the 
following activities related to native plant materials:
            (1) Identify seed needs and ensure the reliable 
        availability of genetically appropriate seed.
            (2) Conduct research to develop genetically appropriate 
        seed and to improve technology for seed production and 
        ecological restoration.
            (3) Support land managers' ability to make timely and 
        informed seeding decisions for ecological restoration.
            (4) Efforts to enhance, protect, and restore plant 
        materials necessary to support pollinators and dispersers.
            (5) Efforts to coordinate activities aimed at sustaining 
        and restoring public lands through the use of techniques and 
        materials that promote to the extent practicable the use of 
        locally adapted native plant materials.
    (b) Agencies.--For the purposes of this section, the term 
``agencies'' means the following:
            (1) In the Department of the Interior:
                    (A) Bureau of Indian Affairs.
                    (B) Bureau of Land Management.
                    (C) National Park Service.
                    (D) United States Fish and Wildlife Service.
                    (E) United States Geological Survey.
            (2) In the Department of Agriculture:
                    (A) Agricultural Research Service.
                    (B) Forest Service.
                    (C) National Institute of Food and Agriculture.
                    (D) Natural Resources Conservation Service.
            (3) United States Botanic Garden.
            (4) Smithsonian Institution.
            (5) Federal Highway Administration.

SEC. 302. BUREAU OF LAND MANAGEMENT PLANT CONSERVATION PROGRAM.

    (a) In General.--The Bureau of Land Management is authorized to 
undertake activities to develop and use native plant materials.
    (b) Activities.--The following activities are within the scope of 
this authority:
            (1) Identifying, evaluating, and protecting rare plants on 
        public lands.
            (2) Understanding the effects of human activity on native 
        plant species and communities on public lands.
            (3) Supporting efforts to develop genetically appropriate 
        native plant materials for restoring and maintaining habitat 
        for animal and plant species, including sage grouse, and 
        monitoring the effectiveness of such materials.
            (4) Ensuring that the needs of the agency for native plant 
        materials 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.--To carry out the purposes of 
this section, there are authorized to be appropriated--
            (1) for fiscal year 2018, $35,000,000; and
            (2) for each fiscal year after fiscal year 2018, such sums 
        as may be necessary.

SEC. 303. NATIONAL FISH AND WILDLIFE FOUNDATION PLANT CONSERVATION 
              PROGRAMS.

    The National Fish and Wildlife Foundation shall--
            (1) ensure that a robust program of activities specifically 
        focused on the conservation and protection of native plants is 
        incorporated into its existing programs and activities; and
            (2) provide a report to Congress on its implementation of 
        this section.

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 new section:

``SEC. 13. THREATENED AND ENDANGERED PLANTS.

    ``(a) In General.--The Secretary of the Interior, acting through 
the United States Fish and Wildlife Service, shall support a program of 
collaborative grants to support efforts to prevent rare plant species 
from becoming endangered species and to encourage the recovery of 
endangered plant species. Awards pursuant to this section shall be made 
competitively in compliance with fully transparent procedures.
    ``(b) Preference.--Preference shall be given under this section to 
projects that involve collaborations between Federal, State, and local 
units of government working in collaboration with nonprofit 
organizations with knowledge and experience in rare and endangered 
plant restoration issues.
    ``(c) Authorization of Appropriations.--To carry out the provisions 
of this section, there are authorized to be appropriated--
            ``(1) $54,000,000 for fiscal year 2018; and
            ``(2) such sums as may be necessary for fiscal years after 
        fiscal year 2018.''.
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