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Title II — Generating Demand For Native Plant Materials

S. 2384 · 116th Congress · Jul 31, 2019 · Lineage

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:

“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undertaking a land management activity on land under the jurisdiction of the Department of Defense, including land withdrawn for or held by permit or lease, it is the policy of the United States that preference to the extent practicable shall be made for the use of locally adapted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:

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.