II Calendar No. 530 117th CONGRESS 2d Session S. 557 [Report No. 117–179] IN THE SENATE OF THE UNITED STATES March 3, 2021 Ms. Collins (for herself and Ms. Cantwell ) introduced the following bill; which was read twice and referred to the Committee on Energy and Natural Resources October 18, 2022 Reported under authority of the order of the Senate of October 14, 2022, by Mr. Manchin , with an amendment Strike out all after the enacting clause and insert the part printed in italic A BILL To establish a pilot program for native plant species, and for other purposes.

1. Short title This Act may be cited as the Native Plant Species Pilot Program Act of 2021 . 2. Findings Congress finds that— (1) the United States has a significant interest in— (A) preserving the worldwide system of richly varied habitats; (B) protecting native plant biodiversity and the ecosystems that support that biodiversity; and (C) protecting the quality of life of people in the United States; (2) native plants are an inseparable part of the natural beauty of the landscape of the United States, which must be preserved; (3) the extensive root systems of native plants control erosion, moderate floods, filter water to improve water quality, decrease the amount of water needed for landscape maintenance, and sequester carbon to combat climate change; (4) native plants provide food and habitat for pollinators and wildlife; (5) native plants supply an important genetic record for future food, agriculture, and plant-derived products; (6) native plant communities are important components of cultural landscapes; (7) the use of native plant materials for restoration or enhancement contributes to the preservation of cultural landscapes; (8) the use of native plant species in revegetation efforts after construction activities and adjacent to roadways increases habitat for a variety of pollinators and other native animal species; (9) supporting native plant communities within or adjacent to agricultural areas provides important wildlife habitat that would not otherwise be available; (10) the use of native plants in landscaping can reduce the need for herbicides and water use; and (11) of the 20,000 known native plant species in North America, it has been estimated that nearly 25 to 30 percent are at risk of extinction as a result of factors such as habitat loss, invasive species, temperature shifts, and pesticide use. 3. Definitions In this Act: (1) Control The term control means, with respect to invasive species, containing, suppressing, or reducing populations of invasive species. (2) Eradicate The term eradicate means, with respect to invasive species, removing or destroying an entire population of invasive species. (3) Invasive species The term invasive species means, with respect to a particular ecosystem, a nonnative organism, the introduction of which causes or is likely to cause economic or environmental harm or harm to human, animal, or plant health. (4) Locally adapted The term locally adapted means, with respect to plants, plants that— (A) originate from an area that is geographically proximate to a planting area; and (B) are environmentally adapted to and likely to become established and persist in that planting area. (5) National Park Service region The term National Park Service region means each of the following unified Interior regions designated by the Secretary of the Interior: (A) Alaska. (B) Arkansas-Rio Grande-Texas-Gulf. (C) Columbia-Pacific Northwest. (D) California-Great Basin. (E) Great Lakes. (F) Lower Colorado-Basin. (G) Mississippi-Basin. (H) Missouri-Basin. (I) North Atlantic-Appalachian. (J) Pacific Islands. (K) South Atlantic-Gulf. (L) Upper Colorado-Basin. (6) Native plant species The term native plant species means, with respect to a particular ecosystem, a species that, other than as a result of an introduction, historically occurred or currently occurs in that ecosystem. (7) Nonnative or alien The term nonnative or alien means, with respect to a particular ecosystem, an organism, including the seeds, eggs, spores, or other biological material of the organism capable of propagating that species, that occurs outside of the natural range of the organism. (8) Plant material The term plant material means a plant or the seeds, eggs, spores, or other biological material of a plant capable of propagating the species of the plant. (9) Secretary The term Secretary means the Secretary of the Interior, acting through the Director of the National Park Service. 4. Pilot program for native plant species (a) Establishment Not later than 180 days after the date of enactment of this Act, the Secretary shall establish a pilot program in 2 or more National Park Service regions to promote the use of native plant materials. (b) Implementation In carrying out land management activities on Federal land under the jurisdiction of the Secretary, including maintenance and restoration in response to degradation caused by human activity or natural events (such as fire, flood, or infestation), the Secretary shall— (1) to the extent practicable, give preference to the use of locally adapted native plant materials; (2) incorporate efforts to prevent, control, or eradicate the spread of invasive species; and (3) identify situations in which the use of nonnative or alien 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 a native plant species; (C) native plant materials are not reasonably available; and (D) the plant community subject to a land management activity has been permanently altered. (c) Coordination To accelerate the adoption of native plants throughout programs of the Department of the Interior, the Secretary shall, in carrying out the pilot program, 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) Duration The authority to carry out the pilot program terminates on the date that is 5 years after the date on which the pilot program is established under subsection (a). (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 the results of the pilot program. (f) Authorization of appropriations There are authorized to be appropriated such sums as are necessary to carry out this Act. 5. Study on cost-effectiveness of using native plant materials in carrying out land management activities on Federal land (a) In General As soon as practicable after the date of enactment of this Act, the Secretary shall, consistent with section 4, conduct a study to review existing data to determine the cost-effectiveness of using native plant materials in land management activities on Federal land under the jurisdiction of the Secretary or other Federal land management agencies. (b) Report Not later than 1 year after the date of enactment of this Act, the Secretary shall submit to the Committee on Energy and Natural Resources of the Senate and the Committee on Natural Resources of the House of Representatives a report describing the results of the study required under subsection (a).

1. Short title This Act may be cited as the Native Plant Species Pilot Program Act of 2022 . 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.

October 18, 2022 Reported under authority of the order of the Senate of October 14, 2022, with an amendment