,,ii #aafth ,,congress #ast ,session ,s4 #bchd ,,in ,,the ,,senate ,,of ,,the ,,united ,,states ,july #ca1 #bjai,ms4 ,hirono 7for herself1 ,mr4 ,whitehouse1 ,ms4 ,duckworth1 ,mr4 ,van ,hollen1 ,mr4 ,markey1 ,mrs4 ,feinstein1 ,mr4 ,booker1 ,mr4 ,merkley1 ,ms4 ,harris1 ,mr4 ,carper1 and ,mr4 ,cardin7 introduced the following bill2 which was read twice and referred to the ,committee on ,energy and ,natural ,resources ,a ,,bill ,to promote botanical research and botanical sciences capacity1 and for other purposes4 #a4 ,short title2 table of contents 7a7 ,short title ,this ,act may be cited as the ,botanical ,sciences and ,native ,plant ,materials ,research1 ,restoration1 and ,promotion ,act4 7b7 ,table of contents ,the table of contents for this ,act is as follows3 ,sec4 #a4 ,short title2 table of contents4,sec4 #b4 ,definitions4,,title ,i--,promoting ,botanical ,research and ,botanical ,sciences ,capacity,sec4 #aja4 ,definitions4,sec4 #ajb4 ,department of the ,interior botanical research4,sec4 #ajc4 ,staff enhancement4,,title ,,ii--,generating ,demand ,for ,native ,plant ,materials,sec4 #bja4 ,policy for use of locally adapted native plant materials by ,department of ,agriculture and ,department of the ,interior4,sec4 #bjb4 ,policy for use of locally adapted native plant materials by ,department of ,defense4,sec4 #bjc4 ,surface transportation program4,sec4 #bjd4 ,native plant materials requirements for ,federal development projects4,,title ,,iii--,authorization of ,federal ,native ,plant ,materials ,related ,activities ,sec4 #cja4 ,interagency plant materials efforts4,sec4 #cjb4 ,bureau of ,land ,management plant conservation program4,sec4 #cjc4 ,national ,fish and ,wildlife ,foundation plant conservation programs4,sec4 #cjd4 ,grants to support collaborative efforts to prevent endangered species status4 #b4 ,definitions ,in this ,act3 7#a7 ,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 cause1 or is likely to cause-- 7,a7 economic harm2 7,b7 environmental harm2 or 7,c7 harm to-- 7i7 human health2 7ii7 animal health2 or 7iii7 plant health4 7#b7 ,locally adapted ,the term locally adapted means1 with respect to a plant1 a plant that-- 7,a7 originates from an area that is geographically proximate to a planting area2 and 7,b7 is environmentally adapted to1 and likely to succeed in becoming established and persisting within1 that area4 7#c7 ,native plant species ,the term native plant species means indigenous terrestrial and aquatic plant species that evolved naturally in a defined native ecosystem4 7#d7 ,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 may1 depending on relevant facts and circumstances1 include a species introduced from-- 7,a7 another continent2 7,b7 another ecosystem2 7,c7 another seed zone2 or 7,d7 another habitat within an ecosystem4 7#e7 ,plant material ,the term plant material includes1 with respect to a native plant species or a nonnative plant species1 such a plant or material of the plant capable of propagating that species1 including-- 7,a7 the seeds of the plant2 7,b7 the eggs of the plant2 7,c7 the spores of the plant2 or 7,d7 other biological material of the plant4 ,i ,promoting ,botanical ,research and ,botanical ,sciences ,capacity #aja4 ,definitions ,in this title3 7#a7 ,department ,the term ,department means the ,department of the ,interior4 7#b7 ,secretary ,the term ,secretary means the ,secretary of the ,interior4 #ajb4 ,department of the ,interior botanical research 7a7 ,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 ,department4 7b7 ,areas of ,emphasis ,research conducted under this section shall include a focus on the following topics3 7#a7 ,effective approaches to restoring habitat damaged by wildfires that incorporate the use of appropriate plant materials4 7#b7 ,effective methods for developing and using locally adapted plant materials of native plant species in land management activities4 7#c7 ,effective mitigation strategies for combating invasive plant species4 7#d7 ,mitigation strategies relating to the impacts of long- and medium-term environmental changes such as changes in-- 7,a7 moisture levels2 7,b7 temperature2 7,c7 landscape fragmentation2 7,d7 nonnative animal species2 7,e7 nonnative plant species2 and 7,f7 human activity4 7#e7 ,methods to promote the recovery of threatened and endangered species4 7c7 ,extramural research 7#a7 ,in general ,as determined appropriate by the ,secretary1 research conducted under this section may be carried out through competitively awarded grants or contracts1 or cooperative agreements1 awarded or entered into in accordance with all applicable requirements governing that research4 7#b7 ,federal share ,the ,federal share of the cost of a grant1 contract1 or cooperative agreement awarded or entered into under this subsection shall be not more than #ej percent4 7d7 ,agencies ,this section shall apply to-- 7#a7 the ,bureau of ,land ,management2 7#b7 the ,united ,states ,geological ,survey2 7#c7 the ,united ,states ,fish and ,wildlife ,service2 7#d7 the ,national ,park ,service2 and 7#e7 any other agencies and instrumentalities of the ,department as the ,secretary determines appropriate4 7e7 ,authorization of appropriations ,there are authorized to be appropriated to carry out this section-- 7#a7 #aj1jjj1jjj for fiscal year #bjbj2 and 7#b7 such sums as are necessary for each fiscal year thereafter4 #ajc4 ,staff enhancement 7a7 ,definition of botanical scientist ,in this section1 the term botanical scientist means an individual with post-secondary education in botanical sciences1 including a plant ecologist and an individual with a bachelor degree in plant biology4 7b7 ,botanical sciences staff enhancement ,for the purpose of improving the land management capabilities of the ,department1 the ,secretary shall augment the expertise of the ,department in the botanical sciences by-- 7#a7 hiring additional personnel who are botanical scientists under subsection 7c72 and 7#b7 establishing a loan forgiveness program under subsection 7d7 to facilitate the hiring of those personnel4 7c7 ,hiring of botanical scientists 7#a7 ,hiring 7,a7 ,in general ,by not later than ,september #cj1 #bjba1 the ,secretary shall hire not fewer than #a and not greater than #bj full-time botanical scientists to support the land management responsibilities of the ,department4 7,b7 ,placement ,the ,secretary shall determine the appropriate placement of the botanical scientists hired under subparagraph 7,a7 within the appropriate agencies of the ,department with major land management responsibilities4 7,c7 ,utilization of pathways programs ,to the extent practicable1 the ,secretary shall carry out this section through the ,pathways ,programs under ,executive ,order #acefb 7#e ,u4,s4,c4 #ccja note2 relating to recruiting and hiring students and recent graduates74 7,d7 ,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 section4 7#b7 ,requirements ,a botanical scientist hired under paragraph 7#a7 shall be-- 7,a7 in addition to-- 7i7 any position authorized in the ,department on the day before the date of enactment of this ,act2 and 7ii7 any existing vacancy within the ,department on that day2 7,b7 part of the competitive service 7as defined in section #bajb of title #e1 ,united ,states ,code72 and 7,c7 hired in compliance with all applicable provisions of title #e1 ,united ,states ,code4 7d7 ,loan repayment program 7#a7 ,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 scientist4 7#b7 ,eligibility ,to be eligible to participate in the loan repayment program under this subsection1 an individual shall-- 7,a7 either-- 7i7 have a degree in botanical sciences2 7ii7 be enrolled in an approved graduate training program in botanical sciences2 or 7iii7 be enrolled as a full-time student in an accredited educational institution and in the final year of a course of a study or program1 offered by that institution and approved by the ,secretary1 leading to a degree in botanical sciences2 and 7,b7 submit to the ,secretary an application for a contract described in paragraph 7#d74 7#c7 ,information to be included with application and contract forms 7,a7 ,in general ,in distributing application forms and contract forms to individuals interested in the loan repayment program under this subsection1 the ,secretary shall include with those forms a summary of the rights and liabilities of an individual whose-- 7i7 application is approved2 and 7ii7 whose contract is accepted4 7,b7 ,requirement ,the summary described in subparagraph 7,a7 shall be written in a manner calculated to be understood by an average individual applying to participate in the loan repayment program1 as determined by the ,secretary4 7#d7 ,contracts 7,a7 ,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-- 7i7 the ,secretary agrees to repay loans on behalf of the individual in accordance with paragraph 7#e72 and 7ii7 the individual agrees-- 7,i7 to accept loan payments on behalf of the individual2 7,,ii7 if applicable1 to maintain enrollment and acceptable academic standing in a training program or course of study or program described in clause 7ii7 or 7iii7 of paragraph 7#b77;,a71 respectively2 and 7,,iii7 to serve for a period equal to #b years1 or any longer period as the individual may agree1 as a botanical scientist employed by the ,department4 7,b7 ,other terms and conditions ,a contract under this paragraph shall include any other appropriate terms and conditions to clarify the rights1 obligations1 and liabilities of the parties4 7#e7 ,repayment 7,a7 ,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 7#b77;,a7 of the individual for-- 7i7 tuition2 7ii7 other reasonable educational expenses2 or 7iii7 reasonable living expenses1 as determined by the ,secretary4 7,b7 ,amounts 7i7 ,in general ,for each year of obligated service that an individual contracts to serve in the ,department1 the ,secretary may pay not more than #ej1jjj on behalf of the individual for loans described in subparagraph 7,a74 7ii7 ,inflation adjustment ,for fiscal year #bjba and each subsequent fiscal year1 the ,secretary shall adjust the amount of the limitation described in clause 7i7 to reflect inflation4 7iii7 ,agreements ,in making a determination of the amount to pay under subparagraph 7,a7 for a year of service by an individual1 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 payments4 7,c7 ,loans ,a payment under this subsection may be used to repay-- 7i7 principal on a qualifying loan2 7ii7 interest on a qualifying loan2 and 7iii7 related expenses on a qualifying loan4 7#f7 ,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 ,department4 7e7 ,authorization of appropriations ,there are authorized to be appropriated-- 7#a7 for fiscal year #bjbj-- 7,a7 #c1jjj1jjj to carry out subsection 7b72 and 7,b7 #a1jjj1jjj to carry out subsection 7c72 and 7#b7 such sums as are necessary to carry out this section for each fiscal year thereafter4 ,,ii ,generating ,demand ,for ,native ,plant ,materials #bja4 ,policy for use of locally adapted native plant materials by ,department of ,agriculture and ,department of the ,interior 7a7 ,policy ,in carrying out a land management activity on ,federal land1 including maintenance and restoration in response to degradation caused by human activity or natural events 7such as fire1 flood1 or infestation71 it is the policy of the ,united ,states that1 to the extent practicable1 the ,secretary of ,agriculture1 acting through the ,chief of the ,forest ,service1 or the ,secretary of the ,interior1 acting through the heads of land management agencies of the ,department of the ,interior1 as appropriate 7referred to in this section as the ,secretary concerned71 shall give preference to the use of locally adapted plant materials of native plant species4 7b7 ,implementation ,the ,secretary concerned shall-- 7#a7 implement the policy established by subsection 7a7 through appropriate administrative actions2 and 7#b7 specifically identify situations in which the use of plant materials of nonnative plant species may be warranted1 including situations in which-- 7,a7 emergency conditions require the protection of basic resource values2 7,b7 an interim1 nonpersistent measure is needed to aid in the reestablishment of native plant species2 7,c7 plant materials of native plant species are not reasonably available2 or 7,d7 the plant community subject to the land management activity has been permanently altered4 #bjb4 ,policy for use of locally adapted native plant materials by ,department of ,defense 7a7 ,policy ,chapter #aei of title #aj1 ,united ,states ,code1 is amended by inserting after section #bfib the following new section3 #bfic4 ,policy for use of locally adapted native plant materials in management of ,department of ,defense lands 7a7 ,policy ,in undertaking a land management activity on land under the jurisdiction of the ,department of ,defense1 including land withdrawn for or held by permit or lease1 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 species4 7b7 ,implementation ,the ,secretary of ,defense1 acting through the ,assistant ,secretary of ,defense for ,energy1 ,installations1 and ,environment1 shall-- 7#a7 implement the policy established by subsection 7a7 through appropriate administrative actions2 and 7#b7 specifically identify situations in which the use of plant materials of nonnative plant species may be warranted1 including situations in which-- 7,a7 emergency conditions require the protection of basic resource values2 7,b7 an interim1 nonpersistent measure is needed to aid in the reestablishment of native plant species2 7,c7 plant materials of native plant species are not reasonably available2 or 7,d7 the plant community subject to the land management activity has been permanently altered4 7c7 ,consultation ,the ,secretary of ,defense shall consult with the ,secretary of the ,interior and the ,secretary of ,agriculture regarding implementation of this section4 7d7 ,definitions ,in this section3 7#a7 ,land management activity ,the term land management activity includes-- 7,a7 maintenance and restoration2 and 7,b7 conservation and cultural activities pursuant to sections #bfia and #bfid of this title4 7#b7 ,locally ,adapted ,the term locally adapted with respect to a plant1 a plant that-- 7,a7 originates from an area that is geographically proximate to a planting area2 and 7,b7 is environmentally adapted to1 and likely to succeed in becoming established and persisting within1 that area4 7#c7 ,native ,plant ,species ,the term native plant species means indigenous terrestrial and aquatic plant species that evolved naturally in a defined native ecosystem4 7#d7 ,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 may1 depending on relevant facts and circumstances1 include a species introduced from-- 7,a7 another continent2 7,b7 another ecosystem2 7,c7 another seed zone2 or 7,d7 another habitat within an ecosystem4 7#e7 ,plant ,materials ,the term plant material includes1 with respect to a native plant species or a nonnative plant species1 such a plant or material of the plant capable of propagating that species1 including-- 7,a7 the seeds of the plant2 7,b7 the eggs of the plant2 7,c7 the spores of the plant2 or 7,d7 other biological material of the plant4 4 7b7 ,clerical amendment ,the table of sections at the beginning of chapter #aei of title #aj1 ,united ,states ,code1 is amended by inserting after the item relating to section #bfib the following3 #bfic4 ,policy for use of locally adapted native plant materials in management of ,department of ,defense lands4 4 #bjc4 ,surface transportation program ,section #cbi of title #bc1 ,united ,states ,code1 is amended by adding at the end the following3 7d7 ,native plant materials 7#a7 ,definitions ,in this subsection1 the terms locally adapted1 native plant species1 and plant materials have the meanings given the terms in section #b of the ,botanical ,sciences and ,native ,plant ,materials ,research1 ,restoration1 and ,promotion ,act4 7#b7 ,use of native plant materials ,in carrying out environmental mitigation efforts and environmental restoration and pollution abatement activities as authorized by section #cbh1 a ,state shall1 to the maximum extent practicable1 use locally adapted plant materials of native plant species4 7#c7 ,consultation ,the ,secretary shall consult with the ,secretary of the ,interior and the ,secretary of ,agriculture regarding the implementation of this subsection4 4 #bjd4 ,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 #e1jjj square feet shall use site planning1 design1 construction1 and maintenance strategies for the property to establish1 maintain1 or restore1 to the maximum extent technically feasible1 the use of locally adapted plant materials of native plant species on all natural spaces1 including1 where feasible1 roofs and other appropriate portions of the structure4 ,,iii ,authorization of ,federal ,native ,plant ,materials ,related ,activities #cja4 ,interagency plant materials efforts 7a7 ,definition of ,federal agency ,in this section1 the term ,federal agency means the following-- 7#a7 in the ,department of the ,interior-- 7,a7 the ,bureau of ,indian ,affairs2 7,b7 the ,bureau of ,land ,management2 7,c7 the ,national ,park ,service2 7,d7 the ,united ,states ,fish and ,wildlife ,service2 and 7,e7 the ,united ,states ,geological ,survey2 7#b7 in the ,department of ,agriculture-- 7,a7 the ,agricultural ,research ,service2 7,b7 the ,forest ,service2 7,c7 the ,national ,institute of ,food and ,agriculture2 and 7,d7 the ,natural ,resources ,conservation ,service2 7#c7 the ,united ,states ,botanic ,garden2 7#d7 the ,smithsonian ,institution2 and 7#e7 the ,federal ,highway ,administration4 7b7 ,activities ,the heads of the ,federal agencies shall collaborate1 as appropriate1 regarding land use responsibility to carry out the following activities relating to plant materials of native plant species3 7#a7 ,identifying seed needs and ensuring the reliable availability of genetically appropriate seed4 7#b7 ,conducting research to develop genetically appropriate seed and improving technology for seed production and ecological restoration4 7#c7 ,supporting the ability of land managers to make timely and informed seeding decisions for ecological restoration4 7#d7 ,enhancing1 protecting1 and restoring plant materials1 as necessary to support pollinators and dispersers4 7#e7 ,coordinating activities with the goals of sustaining and restoring public land through the use of techniques and materials that promote1 to the extent practicable1 the use of locally adapted plant materials of native plant species4 #cjb4 ,bureau of ,land ,management plant conservation program 7a7 ,in general ,the ,director of the ,bureau of ,land ,management 7referred to in this section as the ,director7 may carry out activities to develop and use plant materials of native plant species4 7b7 ,activities ,activities that may be carried out under subsection 7a7 include the following3 7#a7 ,identifying1 evaluating1 and protecting rare plants on public land4 7#b7 ,understanding the effects of human activity on native plant species and communities on public land4 7#c7 ,supporting efforts to develop genetically appropriate plant materials of native plant species for restoring and maintaining habitat for animal species 7including the sage grouse7 and plant species and monitoring the effectiveness of those plant materials4 7#d7 ,ensuring that the needs of the ,director for plant materials of native plant species are met4 7#e7 ,developing seed transfer zones and guidelines4 7#f7 ,supporting public-private partnerships to catalogue and store plant materials4 7#g7 ,coordinating a national network of seed storage warehouses4 7#h7 ,implementing habitat conservation and restoration on a landscape scale4 7#i7 ,supporting public-private efforts and volunteer efforts to support plant conservation4 7c7 ,authorization of appropriations ,there are authorized to be appropriated to carry out this section-- 7#a7 #ce1jjj1jjj for fiscal year #bjbj2 and 7#b7 such sums as are necessary for each fiscal year thereafter4 #cjc4 ,national ,fish and ,wildlife ,foundation plant conservation programs ,the ,national ,fish and ,wildlife ,foundation 7referred to in this section as the ,foundation7 shall-- 7#a7 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 ,foundation2 and 7#b7 not later than ,september #cj of each year1 submit to ,congress a report describing the implementation of paragraph 7#a74 #cjd4 ,grants to support collaborative efforts to prevent endangered species status ,the ,fish and ,wildlife ,act of #aief 7#af ,u4,s4,c4 #gdb;a et seq47 is amended by adding at the end the following3 #ae4 ,threatened and endangered plants 7a7 ,definitions ,in this section3 7#a7 ,eligible entity ,the term eligible entity means-- 7,a7 a ,state2 7,b7 a unit of local government2 7,c7 an ,indian tribe2 7,d7 a ,native ,hawaiian organization 7as defined in section #b of the ,native ,american ,graves ,protection and ,repatriation ,act 7#be ,u4,s4,c4 #cjja772 and 7,e7 a nonprofit organization4 7#b7 ,indian tribe ,the term ,indian tribe has the meaning given the term in section #b of the ,native ,american ,graves ,protection and ,repatriation ,act 7#be ,u4,s4,c4 #cjja74 7#c7 ,secretary ,the term ,secretary means the ,secretary of the ,interior1 acting through the ,director of the ,united ,states ,fish and ,wildlife ,service4 7#d7 ,state ,the term ,state means-- 7,a7 each of the several ,states of the ,united ,states2 7,b7 the ,district of ,columbia2 7,c7 the ,commonwealth of ,puerto ,rico2 7,d7 the ,united ,states ,virgin ,islands2 7,e7 ,guam2 7,f7 ,american ,samoa2 and 7,g7 the ,commonwealth of the ,northern ,mariana ,islands4 7b7 ,grants 7#a7 ,in general ,the ,secretary shall establish a program to provide collaborative grants to eligible entities for projects-- 7,a7 to prevent rare plant species from becoming endangered species2 and 7,b7 to encourage the recovery of endangered plant species4 7#b7 ,procedures ,a grant under this section shall be made competitively in compliance with fully transparent procedures1 as established by the ,secretary4 7#c7 ,federal share ,the ,federal share of the cost of a grant awarded under this section shall be not more than #ej percent4 7c7 ,preference ,the ,secretary shall give preference to projects described in subsection 7b77#a7 that-- 7#a7 involve collaboration between-- 7,a7 the ,federal ,government1 ,states1 ,indian tribes1 and units of local government2 and 7,b7 nonprofit organizations with knowledge and experience in rare and endangered plant restoration issues2 and 7#b7 are in ,states or communities that are home to a significant percentage of threatened or endangered plants4 7d7 ,authorization of appropriations ,there are authorized to be appropriated to carry out this section-- 7#a7 #ed1jjj1jjj for fiscal year #bjbj2 and 7#b7 such sums as are necessary for each fiscal year thereafter4 4