I 

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. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Botanical Sciences and 

5 Native Plant Materials Research, Restoration, and Pro6 motion Act’’. 

7 SEC. 2. TABLE OF CONTENTS. 

8 The table of contents for this Act is as follows: 


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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. 

1 SEC. 3. DEFINITIONS. 

2 As used in this Act, the following terms have the fol3 lowing meanings: 

4 (1) INVASIVE PLANT SPECIES.—The term 

5 ‘‘invasive plant species’’ means a plant species that 

6 is nonnative with respect to an ecosystem and whose 

7 introduction into that ecosystem will cause, or is 

8 likely to cause, economic harm, environmental harm, 

9 or harm to human, animal, or plant health. 

10 (2) LOCALLY ADAPTED.—The term ‘‘locally 

11 adapted’’ with respect to plants, means plants that 

12 originate from an area that is geographically proxiVerDate Sep 11 2014 20:56 Feb 21, 2017 Jkt 069200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\H1054.IH H1054

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1 mate to a planting area and that are environ2 mentally adapted to, and likely to succeed in becom3 ing established and persisting within, such area. 

4 (3) NATIVE PLANT SPECIES.—The term ‘‘native 

5 plant species’’ means indigenous terrestrial and 

6 aquatic plant species that evolved naturally in a de7 fined native ecosystem. 

8 (4) NONNATIVE PLANT SPECIES.—The term 

9 ‘‘nonnative plant species’’ means a plant that has 

10 been introduced by humans to a location outside its 

11 native or natural range and may, depending on rel12 evant facts and circumstances, include a species in13 troduced from another continent, ecosystem, seed 

14 zone, or habitat within an ecosystem. 

15 (5) PLANT MATERIALS.—The term ‘‘plant ma16 terials’’ includes, with respect to a native plant spe17 cies or a nonnative plant species, such a plant or its 

18 seeds, eggs, spores, or other biological material capa19 ble of propagating that species. 


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1 TITLE I—PROMOTING BOTAN2 ICAL RESEARCH AND BOTAN3 ICAL SCIENCES CAPACITY 

4 SEC. 101. DEPARTMENT OF THE INTERIOR BOTANICAL RE5 SEARCH. 

6 (a) IN GENERAL.—The Secretary of the Interior, act7 ing through the Bureau of Land Management, United 

8 States Geological Survey, United States Fish and Wildlife 

9 Service, National Park Service, and such other agencies 

10 and instrumentalities as the Secretary determines appro11 priate, shall support a robust program of intramural and 

12 extramural botanical science research as relevant and ap13 propriate to support the Department’s land management 

14 responsibilities. 

15 (b) AREAS OF EMPHASIS.—Research conducted pur16 suant to this section shall include a focus on the following 

17 topics: 

18 (1) Effective approaches to restoring habitat 

19 damaged by wildfires that incorporate the use of ap20 propriate plant materials. 

21 (2) Effective methods for developing and using 

22 locally adapted native plant materials in land man23 agement activities. 

24 (3) Effective mitigation strategies for com25 bating invasive plant species. 


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1 (4) Mitigation strategies related to the impacts 

2 of long- and medium-term environmental changes 

3 such as changes in moisture levels, temperature, 

4 landscape fragmentation, nonnative animal and 

5 plant species, and human activity. 

6 (5) Methods to promote the recovery of threat7 ened and endangered species. 

8 (c) EXTRAMURAL RESEARCH.—As determined appro9 priate by the Secretary, research conducted under this sec10 tion may be carried out through competitively awarded 

11 grants or contracts, or cooperative agreements, awarded 

12 in accordance with all applicable requirements governing 

13 such activities. 

14 (d) AUTHORIZATION OF APPROPRIATIONS.—To carry 

15 out the purposes of this section, there are authorized to 

16 be appropriated $10,000,000 for fiscal year 2018, and 

17 such sums as may be necessary for subsequent fiscal 

18 years. 

19 SEC. 102. STAFF ENHANCEMENT. 

20 (a) IN GENERAL.—For the purpose of improving the 

21 Department’s land management capabilities, the Secretary 

22 of the Interior is authorized to augment the expertise of 

23 the Department of the Interior in the botanical sciences 

24 by— 


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1 (1) hiring additional personnel with expertise in 

2 the botanical sciences; and 

3 (2) establishing a loan forgiveness program to 

4 facilitate the hiring of such personnel. 

5 (b) AUTHORIZATION.— 

6 (1) Subject to the availability of appropriations 

7 for such purpose, by not later than September 30, 

8 2019, the Secretary shall hire not more than 20 full9 time Botanical Science Personnel to support the De10 partment’s land management responsibilities. The 

11 Secretary shall determine the appropriate placement 

12 of such personnel within the appropriate agencies of 

13 the Department with major land management re14 sponsibilities. The Secretary may waive any limita15 tion on the number of full-time equivalent personnel 

16 assigned to the Department and its constituent 

17 agencies in order to carry out the purposes of this 

18 section. 

19 (2) Personnel hired pursuant to paragraph (1) 

20 shall be— 

21 (A) in addition to any positions authorized 

22 before the date of the enactment of this Act 

23 and any existing vacancies within the Depart24 ment on such date; 

25 (B) part of the Competitive Service; and 


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1 (C) hired in compliance with all applicable 

2 provisions of title 5, United States Code. 

3 (c) LOAN REPAYMENT PROGRAM.— 

4 (1) IN GENERAL.—The Secretary shall establish 

5 a program to provide educational loan repayment to 

6 qualifying individuals who agree to a term of em7 ployment with the Department as Botanical Science 

8 Personnel. 

9 (2) ELIGIBILITY.—To be eligible to participate 

10 in the loan repayment program under this sub11 section, an individual shall— 

12 (A) either— 

13 (i) have a degree in botanical sciences; 

14 (ii) be enrolled in an approved grad15 uate training program in botanical 

16 sciences; or 

17 (iii) be enrolled as a full-time student 

18 in an accredited educational institution, 

19 and in the final year of a course of a study 

20 or program, offered by such institution and 

21 approved by the Secretary, leading to a de22 gree in botanical sciences; and 

23 (B) submit to the Secretary an application 

24 for a contract described in paragraph (4). 


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1 (3) INFORMATION TO BE INCLUDED WITH AP2 PLICATION AND CONTRACT FORMS.—In dissemi3 nating application forms and contract forms to indi4 viduals desiring to participate in the loan repayment 

5 program, the Secretary shall include with such forms 

6 a fair summary of the rights and liabilities of an in7 dividual whose application is approved (and whose 

8 contract is accepted). Such information shall be 

9 written in a manner calculated to be understood by 

10 the average individual applying to participate in the 

11 loan repayment program. 

12 (4) CONTRACTS.— 

13 (A) IN GENERAL.—An individual becomes 

14 a participant in the loan repayment program 

15 only upon the Secretary and the individual en16 tering into a written contract whereby— 

17 (i) the Secretary agrees to pay on be18 half of the individual loans in accordance 

19 with paragraph (5), subject to the avail20 ability of appropriated funds; and 

21 (ii) the individual agrees to— 

22 (I) accept loan payments on be23 half of the individual; and 

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1 ing in a course of study or training 

2 described in paragraph (2) and serve 

3 for a time period equal to 2 years or 

4 such longer period as the individual 

5 may agree to as a botanical scientist 

6 employed by the Department. 

7 (B) OTHER TERMS AND CONDITIONS.— 

8 Such contracts shall include all other necessary 

9 and appropriate terms and conditions to clarify 

10 the rights, obligations, and liabilities of the par11 ties. 

12 (5) REPAYMENT.— 

13 (A) IN GENERAL.—A loan repayment pro14 vided for an individual under a written contract 

15 under the repayment program authorized by 

16 this subsection shall consist of payment on be17 half of the individual of the principal, interest, 

18 and related expenses on government and com19 mercial loans received by the individual regard20 ing the undergraduate or graduate education of 

21 the individual (or both), which loans were made 

22 for tuition, other reasonable educational ex23 penses, or reasonable living expenses, as deter24 mined by the Secretary. 


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1 (B) AMOUNTS.—For each year of obligated 

2 service that an individual contracts to serve, the 

3 Secretary may pay up to $50,000 (plus, begin4 ning with fiscal year 2019, an amount deter5 mined by the Secretary on an annual basis to 

6 reflect inflation) on behalf of the individual for 

7 loans described in this paragraph. In making a 

8 determination of the amount to pay for a year 

9 of such service by an individual, the Secretary 

10 may enter into an agreement with the holder of 

11 any such loan for which payments are made to 

12 establish a schedule for the making of such pay13 ments. 

14 (6) EMPLOYMENT CEILING.—Notwithstanding 

15 any other provision of law, individuals who have en16 tered into written contracts with the Secretary under 

17 this section, while undergoing academic or other 

18 training, shall not be counted against any employ19 ment ceiling affecting the Department. 

20 (d) DEFINITION.—For the purposes of this section, 

21 the term ‘‘Botanical Science Personnel’’ means individuals 

22 with post-secondary education in the field of botany, in23 cluding plant ecologists and individuals with a bachelor’s 

24 degree in plant biology. 


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1 (e) AUTHORIZATION OF APPROPRIATIONS.—To carry 

2 out the purposes of this section, there are authorized to 

3 be appropriated— 

4 (1) for fiscal year 2018— 

5 (A) $3,000,000 for subsection (b); and 

6 (B) $1,000,000 for subsection (c); and 

7 (2) for each fiscal year after fiscal year 2018, 

8 such sums as may be necessary. 

9 TITLE II—GENERATING DEMAND 

10 FOR NATIVE PLANT MATERIALS 

11 SEC. 201. POLICY FOR USE OF LOCALLY ADAPTED NATIVE 

12 PLANT MATERIALS BY DEPARTMENT OF AG13 RICULTURE AND DEPARTMENT OF THE INTE14 RIOR. 

15 (a) POLICY.—In undertaking a land management ac16 tivity on Federal lands under the jurisdiction of the De17 partment of Agriculture or the Department of the Interior, 

18 including maintenance and restoration in response to deg19 radation caused by human activity or natural events (such 

20 as fire, flood, or infestation), it is the policy of the United 

21 States that preference shall be made to the extent prac22 ticable for the use of locally adapted native plant mate23 rials. 

24 (b) IMPLEMENTATION.—The Secretary of Agri25 culture, acting through the Chief of the Forest Service, 


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1 and the Secretary of the Interior, acting through the heads 

2 of land management agencies of the Department of the 

3 Interior, shall— 

4 (1) implement the policy established by sub5 section (a) through appropriate administrative ac6 tions; and 

7 (2) specifically identify situations in which the 

8 use of nonnative plant materials may be warranted, 

9 including situations in which— 

10 (A) emergency conditions require the pro11 tection of basic resource values; 

12 (B) an interim, nonpersistent measure is 

13 needed to aid in the reestablishment of native 

14 plant species; 

15 (C) native plant materials are not reason16 ably available; or 

17 (D) the plant community subject to the 

18 land management activity has been permanently 

19 altered. 

20 SEC. 202. POLICY FOR USE OF LOCALLY ADAPTED NATIVE 

21 PLANT MATERIALS BY DEPARTMENT OF DE22 FENSE. 

23 (a) POLICY.—Chapter 159 of title 10, United States 

24 Code, is amended by inserting after section 2692 the fol25 lowing: 


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1 ‘‘§ 2693. Policy for use of locally adapted native plant 

2 materials in management of Department 

3 of Defense lands 

4 ‘‘(a) POLICY.—In undertaking a land management 

5 activity on land under the jurisdiction of the Department 

6 of Defense, including land withdrawn for or held by permit 

7 or lease, it is the policy of the United States that pref8 erence to the extent practicable shall be made for the use 

9 of locally adapted native plant materials. 

10 ‘‘(b) IMPLEMENTATION.—The Secretary of Defense, 

11 acting through the Under Secretary for Installations, 

12 shall— 

13 ‘‘(1) implement the policy established by sub14 section (a) through appropriate administrative ac15 tions; and 

16 ‘‘(2) specifically identify situations in which the 

17 use of nonnative plant materials may be warranted, 

18 including situations in which— 

19 ‘‘(A) emergency conditions require the pro20 tection of basic resource values; 

21 ‘‘(B) an interim, nonpersistent measure is 

22 needed to aid in the reestablishment of native 

23 plant species; 

24 ‘‘(C) native plant materials are not reason25 ably available; or 


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1 ‘‘(D) the plant community subject to the 

2 land management activity has been permanently 

3 altered. 

4 ‘‘(c) CONSULTATION.—The Secretary of Defense 

5 shall consult with the Secretary of the Interior and the 

6 Secretary of Agriculture regarding implementation of this 

7 section. 

8 ‘‘(d) DEFINITIONS.—In this section: 

9 ‘‘(1) LAND MANAGEMENT ACTIVITY.—The term 

10 ‘land management activity’ includes— 

11 ‘‘(A) maintenance and restoration; and 

12 ‘‘(B) conservation and cultural activities 

13 pursuant to sections 2691 and 2694 of this 

14 title. 

15 ‘‘(2) LOCALLY ADAPTED.—The term ‘locally 

16 adapted’ with respect to plants, means plants that 

17 originate from an area that is geographically proxi18 mate to a planting area and that are environ19 mentally adapted to, and likely to succeed in becom20 ing established and persisting within, such area. 

21 ‘‘(3) NATIVE PLANT SPECIES.—The term ‘na22 tive plant species’ means indigenous terrestrial and 

23 aquatic plant species that evolved naturally in a de24 fined native ecosystem. 


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1 ‘‘(4) NONNATIVE PLANT SPECIES.—The term 

2 ‘nonnative plant species’ means a plant that has 

3 been introduced by humans to a location outside its 

4 native or natural range and may, depending on rel5 evant facts and circumstances, include a species in6 troduced from another continent, ecosystem, seed 

7 zone, or habitat within an ecosystem. 

8 ‘‘(5) PLANT MATERIALS.—The term ‘plant ma9 terials’ includes, with respect to a native plant spe10 cies or a nonnative plant species, such a plant or its 

11 seeds, eggs, spores, or other biological material capa12 ble of propagating that species.’’. 

13 (b) CLERICAL AMENDMENT.—The table of sections 

14 at the beginning of chapter 159 of title 10, United States 

15 Code, is amended by inserting after the item relating to 

16 section 2692 the following: 

‘‘2693. Policy for use of locally adapted native plant materials in management 

of Department of Defense lands.’’. 

17 SEC. 203. SURFACE TRANSPORTATION PROGRAM. 

18 Section 329 of title 23, United States Code, is 

19 amended by adding at the end the following: 

20 ‘‘(d) NATIVE PLANT MATERIALS.— 

21 ‘‘(1) IN GENERAL.—In carrying out environ22 mental mitigation efforts and environmental restora23 tion and pollution abatement activities as authorized 

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1 ticable, maximize the use of locally adapted native 

2 plant materials. 

3 ‘‘(2) CONSULTATION.—The Secretary shall con4 sult with the Secretary of the Interior and the Sec5 retary of Agriculture regarding the implementation 

6 of this subsection.’’. 

7 SEC. 204. NATIVE PLANT MATERIALS REQUIREMENTS FOR 

8 FEDERAL DEVELOPMENT PROJECTS. 

9 The sponsor of any development or redevelopment 

10 project involving a Federal facility with a footprint that 

11 exceeds 5,000 square feet shall use site planning, design, 

12 construction, and maintenance strategies for the property 

13 to establish, maintain, or restore, to the maximum extent 

14 technically feasible, the use of locally adapted native plant 

15 materials on all natural spaces, including, where feasible, 

16 roofs and other appropriate portions of the structure. 

17 TITLE III—AUTHORIZATION OF 

18 FEDERAL NATIVE PLANT MA19 TERIALS RELATED ACTIVI20 TIES 

21 SEC. 301. INTERAGENCY PLANT MATERIALS EFFORTS. 

22 (a) ACTIVITIES.—The heads of the agencies shall col23 laborate, as appropriate, regarding land use responsibility 

24 to undertake the following activities related to native plant 

25 materials: 


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1 (1) Identify seed needs and ensure the reliable 

2 availability of genetically appropriate seed. 

3 (2) Conduct research to develop genetically ap4 propriate seed and to improve technology for seed 

5 production and ecological restoration. 

6 (3) Support land managers’ ability to make 

7 timely and informed seeding decisions for ecological 

8 restoration. 

9 (4) Efforts to enhance, protect, and restore 

10 plant materials necessary to support pollinators and 

11 dispersers. 

12 (5) Efforts to coordinate activities aimed at 

13 sustaining and restoring public lands through the 

14 use of techniques and materials that promote to the 

15 extent practicable the use of locally adapted native 

16 plant materials. 

17 (b) AGENCIES.—For the purposes of this section, the 

18 term ‘‘agencies’’ means the following: 

19 (1) In the Department of the Interior: 

20 (A) Bureau of Indian Affairs. 

21 (B) Bureau of Land Management. 

22 (C) National Park Service. 

23 (D) United States Fish and Wildlife Serv24 ice. 

25 (E) United States Geological Survey. 


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1 (2) In the Department of Agriculture: 

2 (A) Agricultural Research Service. 

3 (B) Forest Service. 

4 (C) National Institute of Food and Agri5 culture. 

6 (D) Natural Resources Conservation Serv7 ice. 

8 (3) United States Botanic Garden. 

9 (4) Smithsonian Institution. 

10 (5) Federal Highway Administration. 

11 SEC. 302. BUREAU OF LAND MANAGEMENT PLANT CON12 SERVATION PROGRAM. 

13 (a) IN GENERAL.—The Bureau of Land Management 

14 is authorized to undertake activities to develop and use 

15 native plant materials. 

16 (b) ACTIVITIES.—The following activities are within 

17 the scope of this authority: 

18 (1) Identifying, evaluating, and protecting rare 

19 plants on public lands. 

20 (2) Understanding the effects of human activity 

21 on native plant species and communities on public 

22 lands. 

23 (3) Supporting efforts to develop genetically ap24 propriate native plant materials for restoring and 

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1 cluding sage grouse, and monitoring the effective2 ness of such materials. 

3 (4) Ensuring that the needs of the agency for 

4 native plant materials are met. 

5 (5) Developing seed transfer zones and guide6 lines. 

7 (6) Supporting public-private partnerships to 

8 catalogue and store plant materials. 

9 (7) Coordinating a national network of seed 

10 storage warehouses. 

11 (8) Implementing habitat conservation and res12 toration on a landscape scale. 

13 (9) Supporting public-private efforts, and volun14 teer efforts to support plant conservation. 

15 (c) AUTHORIZATION OF APPROPRIATIONS.—To carry 

16 out the purposes of this section, there are authorized to 

17 be appropriated— 

18 (1) for fiscal year 2018, $35,000,000; and 

19 (2) for each fiscal year after fiscal year 2018, 

20 such sums as may be necessary. 

21 SEC. 303. NATIONAL FISH AND WILDLIFE FOUNDATION 

22 PLANT CONSERVATION PROGRAMS. 

23 The National Fish and Wildlife Foundation shall— 

24 (1) ensure that a robust program of activities 

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1 tion of native plants is incorporated into its existing 

2 programs and activities; and 

3 (2) provide a report to Congress on its imple4 mentation of this section. 

5 SEC. 304. GRANTS TO SUPPORT COLLABORATIVE EFFORTS 

6 TO PREVENT ENDANGERED SPECIES STATUS. 

7 The Fish and Wildlife Act of 1956 (16 U.S.C. 742a 

8 et seq.) is amended by adding at the end the following 

9 new section: 

10 ‘‘SEC. 13. THREATENED AND ENDANGERED PLANTS. 

11 ‘‘(a) IN GENERAL.—The Secretary of the Interior, 

12 acting through the United States Fish and Wildlife Serv13 ice, shall support a program of collaborative grants to sup14 port efforts to prevent rare plant species from becoming 

15 endangered species and to encourage the recovery of en16 dangered plant species. Awards pursuant to this section 

17 shall be made competitively in compliance with fully trans18 parent procedures. 

19 ‘‘(b) PREFERENCE.—Preference shall be given under 

20 this section to projects that involve collaborations between 

21 Federal, State, and local units of government working in 

22 collaboration with nonprofit organizations with knowledge 

23 and experience in rare and endangered plant restoration 

24 issues. 


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1 ‘‘(c) AUTHORIZATION OF APPROPRIATIONS.—To 

2 carry out the provisions of this section, there are author3 ized to be appropriated— 

4 ‘‘(1) $54,000,000 for fiscal year 2018; and 

5 ‘‘(2) such sums as may be necessary for fiscal 

6 years after fiscal year 2018.’’. 

Æ 


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