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[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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