II 118th CONGRESS 2d Session S. 4462 IN THE SENATE OF THE UNITED STATES June 5, 2024 Ms. Hirono introduced the following bill; which was read twice and referred to the Committee on Environment and Public Works A BILL To provide for the establishment of a National Interagency Seed and Restoration Center, and for other purposes.

1. Short title This Act may be cited as the National Interagency Seed and Restoration Center Establishment Act . 2. Definitions In this Act: (1) Center The term Center means the National Interagency Seed and Restoration Center established under section 3(a)(1). (2) Department The term Department means the Department of the Interior. (3) Ecoregion The term ecoregion means a land area varying in size and having a unified climate, geology, topography, soil, potential natural vegetation, and predominant land use. (4) Federal interagency partner The term Federal interagency partner means— (A) the Secretary of Agriculture; (B) the Secretary of Transportation; and (C) the Secretary of Defense. (5) Genetically appropriate The term genetically appropriate plant , with respect to a plant, means— (A) a native plant species that is locally adapted to target site conditions, such as a plant with effective establishment, vigor, and reproductive capabilities; (B) a native plant species that is sufficiently genetically diverse to respond and adapt to changing climate and environment conditions; (C) a native plant species that is unlikely— (i) to cause genetic contamination; and (ii) to undermine— (I) local adaptations; (II) community interactions; and (III) the function of native species within the ecosystem; (D) a plant that is not likely— (i) to become an invasive species; and (ii) to displace other native species; (E) a plant that is not likely to be a source of nonnative invasive pathogens; and (F) a plant that is likely to maintain critical connections with pollinators. (6) Indian tribe The term Indian Tribe means any Indian or Alaska Native tribe, band, nation, pueblo, village, or community individually identified (including parenthetically) in the list published most recently as of the date of enactment of this Act pursuant to section 104 of the Federally Recognized Indian Tribe List Act of 1994 ( 25 U.S.C. 5131 ). (7) Invasive species The term invasive species , with respect to a particular ecosystem, means a non-native organism, including the seed, spores, or other biological material of the organism, the introduction of which causes or is likely to cause economic or environmental harm or harm to human, animal, or plant health. (8) Locally adapted The term locally adapted , with respect to a plant, means a plant from an area geographically near a planting site that is environmentally adapted and likely to establish and persist. (9) National Seed Strategy The term National Seed Strategy means— (A) the National Seed Strategy for Rehabilitation and Restoration 2015-2020; and (B) the National Seed Strategy Business Plan 2015-2020. (10) Native hawaiian organization The term Native Hawaiian organization has the meaning given the term in section 2 of the Native American Graves Protection and Repatriation Act ( 25 U.S.C. 3001 ). (11) Native plant species The term native plant species means a plant species that occurs naturally in a particular region, State, Tribal land ecosystem, or habitat without direct or indirect human action. (12) Noxious weed The term noxious weed means any plant or plant product that can directly or indirectly injure or cause damage to crops (including nursery stock or plant products), livestock, poultry, or other interests of agriculture, irrigation, navigation, the natural resources of the United States, public health, or the environment. (13) Plant conservation alliance The term Plant Conservation Alliance means the public-private collaboration established in 1994 among Federal agency members and non-Federal cooperators that share the objective of protecting native plant species by ensuring that native plant species populations and communities are maintained, enhanced, and restored. (14) Plant material The term plant material means a seed, spore, part of a plant, or whole plant, including seedlings and container stock. (15) Plant material specialist The term plant material specialist includes a plant ecologist, botanist, geneticist, seed scientist, or restoration practitioner or ecologist with relevant expertise, including local, Indigenous, and traditional ecological knowledge, qualified to develop and recommend revegetation, rehabilitation, and restoration plans, including site preparation, species and source selection, and seeding and planting specifications and monitoring protocols. (16) Rehabilitation The term rehabilitation means the reparation of ecosystem processes, productivity, and services based on functioning preexisting or existing ecosystems that allow for adaptation of sites to specific current or future uses. (17) Restoration The term restoration means assisting the recovery of an ecosystem that has been degraded, damaged, or destroyed, including the reestablishment of the preexisting biotic integrity in terms of species composition and community structure. (18) Revegetation The term revegetation means the reestablishment of plants on a site. (19) Secretary The term Secretary means the Secretary of the Interior. (20) Seed transfer guidelines The term seed transfer guidelines means recommendations for protecting the integrity of the natural pattern of adaptive variation of wild populations by restricting seed transfers to areas within which seeds may be moved about freely with the expectation that the seeds would— (A) grow and reproduce successfully; and (B) produce no adverse genetic effects. (21) Tribal land The term Tribal land means— (A) land located within the exterior boundaries of an Indian reservation; (B) land to which title is held by a dependent Indian community; and (C) land held in trust for Native Hawaiians by the State of Hawaii pursuant to the Hawaiian Homes Commission Act, 1920 (42 Stat. 108, chapter 42) or section 4 of Public Law 86–3 (73 Stat. 5) (commonly known as the Hawaii Statehood Admissions Act, 1959 ). 3. National Interagency Seed and Restoration Center (a) Establishment (1) In general The Secretary, in coordination with the Federal interagency partners, the Plant Conservation Alliance, Indian Tribes, and Native Hawaiian organizations, shall establish a National Interagency Seed and Restoration Center to provide leadership and oversight with respect to— (A) the research, development, coordination, and distribution of native plant species; and (B) the conduct of ecological restoration, revegetation, and rehabilitation projects across ecoregions throughout the United States. (2) Purpose The purpose of the Center is to facilitate the national coordination of all aspects of native plant species plant materials development process, including ecological restoration, by— (A) enhancing research on— (i) the development and use of native plant seeds and native plants for native plant species community restoration, including for use as food and medicine; (ii) the restoration of native plant species communities— (I) in response to natural disasters; or (II) as part of mitigation of noxious weed and invasive species removals or treatments to prevent and deter further invasion or for other purposes; (iii) the propagation and storage and distribution of native plant materials; and (iv) any other research needs identified by the National Seed Strategy; (B) providing land managers with— (i) appropriate, locally adapted or genetically appropriate plant materials in a timely, efficient, and cost-effective manner; and (ii) the guidance, tools, and training necessary for the reclamation, restoration, and rehabilitation of landscapes using native plant species; (C) creating resilient native plant species communities to withstand multiple uses and climate change; (D) enhancing interagency coordination to implement the National Seed Strategy through the Federal Committee of the Plant Conservation Alliance; and (E) coordinating shared use and enhancement of infrastructure for native plant material development. (b) Interagency coordination (1) In general In coordinating activities of the Center with the Federal interagency partners, the Center shall focus on the coordination of activities relating to— (A) wildland seed and plant material collection and storage, including long-term germplasm or cryopreservation to preserve wild genomes; (B) native plant materials research, development, and production; (C) providing ecoregional liaisons, including agricultural producers and natural resource managers, with native plant materials; (D) the assessment, improvement, and delivery of incentive programs and risk management tools to encourage production of native plant seed and native plant materials on private land and Tribal land; (E) the development and coordination of seed procurement mechanisms, such as forward contracting, blanket purchase agreements, or other procurement vehicles for seed production across ecoregions; (F) coordination with State seed testing and seed certification agency partners; (G) revegetation, restoration, and rehabilitation of landscapes and reporting results of the revegetation, restoration, and rehabilitation to the Center; (H) fostering and improving communication, education, information sharing, and training, including any employment, training, or related services that serve Tribally determined goals consistent with the policy of self-determination; (I) information technology and geospatial coordination; (J) restoring native plant species communities critical to Indigenous foodways and Indigenous medicines pursuant to Tribal and Native Hawaiian organization direction; and (K) ensuring adequate budget and contracting with respect to the conduct of activities described in subparagraphs (A) through (J). (2) Existing networks In coordinating activities of the Center with the Federal interagency partners, the Secretary shall leverage programs and expertise through existing networks such as— (A) the Federal Committee of the Plant Conservation Alliance; (B) Plant Conservation Alliance non-Federal cooperators; (C) the Bureau of Land Management Plant Conservation and Restoration Program and the interagency Ecoregional Native Plant Programs; (D) the United States Geological Survey Climate Adaptation Science Centers and Water Science Centers; (E) the Department of Agriculture Climate Hubs, Plant Materials Centers, and Germplasm Resources Information Network of the Department of Agriculture; (F) the Indigenous SeedKeepers Network of the Native American Food Sovereignty Alliance; (G) the National Academies of Sciences, Engineering, and Medicine; (H) the United States Fish and Wildlife Service National Seed Strategy Implementation Team and Center for Pollinator Conservation; (I) the Office of Wildland Fire of the Department; and (J) the Inventory and Monitoring Networks, Invasive Plant Management Teams, and ecoregional plant hubs of the National Park Service. (c) Research (1) In general To support the activities of the Center, the Secretary, in coordination with the Federal Committee of the Plant Conservation Alliance and other Federal interagency partners, Native Hawaiian organizations, and Indian Tribes, shall support a robust and dedicated program of intramural and extramural botanical science research that is relevant and appropriate to the native seed development process, including collection, germination, agricultural production, genetics, seed banking, seed storage, equipment for planting, distribution, and restoration techniques to support the land management responsibilities of the Federal Government. (2) Areas of emphasis Research activities authorized under this subsection shall focus on the following: (A) Effective approaches to restoring ecosystems that incorporate the use of appropriate locally adapted native plant materials. (B) Effective methods for developing— (i) locally adapted and genetically appropriate native seed and plant materials; and (ii) seed transfer guidelines for native plant species and land management activities. (C) Effective restoration strategies for using native seed and plant species— (i) to reduce— (I) the risk of wildfire; and (II) the likelihood of wildfire affecting native ecosystems not adapted to fire; (ii) to manage invasive species and noxious weeds, including restoration activities to prevent reintroduction of invasive species; (iii) to rehabilitate, restore, and revegetate ecosystems after catastrophic events, such as wildfires, flooding, drought events, or hurricanes; and (iv) to restore degraded native ecosystems following habitat modification, such as hazardous substances releases or introduction of invasive species. (D) Effective methods to use native seed and native plant materials in response to the impacts of long- and medium-term environmental changes, such as changes in— (i) moisture levels; (ii) temperature; (iii) landscape fragmentation; (iv) invasive species; (v) human activity; and (vi) other features due to climate change. (E) Effective methods to use native seed and native plant materials to restore habitat and promote the recovery of threatened and endangered native plant species and animal species. (F) Economic or social issues relating to effective methods for collaborating with private and commercial sector partners to increase the availability of native plant material such as native seed grower incentives. (G) Restoration of native plant species communities critical to Indigenous foodways, Indigenous foods, and Indigenous medicines, including the protection of intellectual property of Tribal and Indigenous seeds pursuant to Indigenous requests. (H) Addressing the feasibility of seed banking and storage of native species— (i) to support ex situ collections; and (ii) to provide robust seed supply for habitat restoration. (I) Monitoring strategies for efficacy of treatment. (3) Extramural research As determined to be appropriate by the Secretary, in coordination with the Federal interagency partners, research conducted under this subsection may be carried out through competitively awarded grants, contracts, contracts established under the Indian Self-Determination and Education Assistance Act ( 25 U.S.C. 5301 et seq. ) or cooperative agreements, to be awarded in accordance with applicable requirements established by the Secretary. (d) Use of existing seed infrastructure The Center shall coordinate the use of existing seed infrastructure of the Department and the Department of Agriculture for the purpose of carrying out this Act. (e) Ecoregional hubs (1) In general The Secretary, in coordination with the Federal interagency partners, Native Hawaiian organizations, and Indian Tribes, shall, using and based on existing Bureau of Land Management Ecoregional Native Plant Programs, establish interagency ecoregional hubs available to each State and territory of the United States that consist of— (A) an Ecoregional Native Plant Coordinator; (B) Tribal, Native Hawaiian organization, and other plant material specialists; (C) regional seed collection teams; (D) seed and plant material warehouses for local storage and seed cleaning facilities; (E) plant production centers; and (F) any other necessary subject matter experts placed at offices throughout the applicable region to support the ecoregional hub. (2) Purposes The purposes of an ecoregional hub are— (A) to assess the native plant material needs of the applicable ecoregion; and (B) to coordinate and facilitate the use of appropriate native plant materials in local restoration, rehabilitation, and reclamation projects. (3) Hiring The Center may hire such staff as are necessary to carry out the duties of the ecoregional hubs. (f) Other partnerships The Center shall coordinate with Indian Tribes, States, territories, units of local government, Alaska Native organizations, Native Hawaiian organizations, institutions of higher education, botanic gardens, and local stakeholders to assess, and provide expertise to address, local community revegetation, rehabilitation, and restoration needs. (g) Statement of policy It shall be the policy of the Department and the Federal interagency partners that— (1) genetically appropriate plant materials shall be preferentially used for land revegetation, rehabilitation, and restoration; and (2) if the use of genetically appropriate plant materials is not feasible, as determined by the Secretary or the Federal interagency partners, as applicable, preference shall be given to the use of native plant species that meet the requirements of subparagraphs (C) and (D) of section 2(5). (h) Additional activities In addition to the coordination and research activities otherwise authorized under this section, the Center may carry out the following activities to develop and use native plant materials: (1) Identifying, evaluating, and protecting rare plants on public land managed by the Secretary and the Federal interagency partners. (2) Developing an understanding of the effects of human activity on native plant species and native plant species communities on public land managed by the Federal interagency partners. (3) (A) Supporting efforts to develop genetically appropriate and locally adapted native plant materials for restoring, rehabilitating, and revegetating ecosystems. (B) Monitoring the use and effectiveness of the plant materials developed under subparagraph (A). (4) Ensuring that the needs of the Department and the Federal interagency partners for native plant materials are met. (5) Supporting public-private partnerships to conduct research on the development of seed transfer guidelines. (6) Supporting public-private partnerships to catalogue and store plant materials. (7) Coordinating a national network of seed cleaning facilities and seed storage warehouses. (8) Implementing ecological restoration, rehabilitation, and revegetation on a landscape scale. (9) Supporting public-private efforts and volunteer efforts to support native plant species conservation. (10) Supporting and working with Indian Tribes and Native Hawaiian organizations on efforts to restore native plant communities critical to Indigenous foodways, including edible and medicinal native plant species, and protecting Tribal intellectual property with respect to Indigenous seeds. (11) Providing technical assistance (including tools and training) on selection of appropriate plant materials used for restoration. (12) Supporting programs that provide financial and technical assistance and risk management tools for producers of native plant materials. (13) Facilitating native seed needs planning based on historic and project needs. (i) Reports (1) Initial report Not later than 1 year after the date of enactment of this Act, the Secretary, in consultation with the Federal Committee of the Plant Conservation Alliance, 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 identifying— (A) ecoregional needs and recommendations for the establishment of ecoregional hubs, including— (i) recommended locations; (ii) recommended service areas; (iii) recommended investments in native plant materials capacity, including workforce, infrastructure, and research to support hubs; and (iv) estimated budgets (including estimated budgets for infrastructure and staffing needs) to carry out this Act; (B) a list of partners for— (i) the Center; and (ii) each ecoregional hub established in accordance with subparagraph (A); and (C) scenarios requiring the use of plants that are not native. (2) Additional reports Not later than 5 years after the date of enactment of this Act and every 5 years thereafter, the Secretary, in coordination with the Federal interagency partners, 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 identifying— (A) the adequacy of native seed inventories for post-disaster restoration, rehabilitation, and revegetation; (B) the adequacy of native seed collection, processing, and storage programs in light of current and anticipated post-disaster restoration, rehabilitation, and revegetation needs; and (C) the adequacy of native seed and plant material capacity and distribution for post-disaster restoration, rehabilitation, and revegetation. (j) Authorization of appropriations There is authorized to be appropriated to the Secretary to carry out this Act, including necessary infrastructure, $100,000,000 for each of fiscal years 2025 through 2029.