[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1389 Introduced in House (IH)]
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117th CONGRESS
1st Session
H. R. 1389
To amend the Plant Protection Act for purposes of mitigating the threat
of invasive species, and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
February 25, 2021
Mr. Welch (for himself, Ms. Kuster, Mr. Pappas, and Ms. Stefanik)
introduced the following bill; which was referred to the Committee on
Agriculture
_______________________________________________________________________
A BILL
To amend the Plant Protection Act for purposes of mitigating the threat
of invasive species, 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.
This Act may be cited as the ``Invasive Species Prevention and
Forest Restoration Act''.
SEC. 2. EXPANDING EMERGENCY AUTHORITY WITH RESPECT TO INVASIVE SPECIES.
(a) In General.--Subsection (a) of section 442 of the Plant
Protection Act (7 U.S.C. 7772) is amended by striking ``noxious weed
threatens'' and inserting ``noxious weed directly or indirectly
threatens''.
(b) Emergency Defined.--Section 442 of the Plant Protection Act (7
U.S.C. 7772) is amended by adding at the end the following new
subsection:
``(d) Emergency Defined.--In this section, the term `emergency'
means an outbreak of a plant pest or noxious weed that the Secretary
determines is occurring at a time during which insufficient Federal
funds are available to timely achieve the arrest, control, eradication,
or prevention of the spread of such plant pest or noxious weed.''.
(c) Disbursement of Funds.--Subsection (b) of section 442 of the
Plant Protection Act (7 U.S.C. 7772) is amended by adding at the end
the following: ``Any funds so transferred with respect to a designation
of an emergency under subsection (a) shall be transferred not later
than 60 days after the date on which such designation is made.''.
SEC. 3. FOREST RECLAMATION GRANTS.
Subtitle K of the National Agricultural Research, Extension, and
Teaching Policy Act of 1977 (7 U.S.C. 3310 et seq.) is amended by
adding at the end the following new section:
``SEC. 1473H. FOREST RECLAMATION GRANTS.
``(a) Establishment of Program.--The Secretary, for purposes of
addressing the critical threat to numerous tree species posed by non-
native plant pests and noxious weeds, shall award competitive grants to
eligible institutions under which such eligible institutions--
``(1) conduct research to promote the restoration of
affected tree species, including research on--
``(A) biological control of plant pests or noxious
weeds threatening native tree species heavily damaged
by non-native pests;
``(B) exploration of genetic manipulation of plant
pests or noxious weeds;
``(C) enhancement of host-resistance mechanisms;
and
``(D) development of other strategies for restoring
individual tree species; and
``(2) develop and disseminate to the public tools and
information based on the research conducted under this section.
``(b) Eligible Institutions.--An entity eligible to receive a grant
under this section is any of the following:
``(1) An agency of the Federal Government.
``(2) A State cooperative institution.
``(3) A college or university offering a baccalaureate or
higher degree in the study of food, forestry, and agricultural
sciences.
``(4) A nonprofit entity described in section 501(c)(3) of
the Internal Revenue Code (and exempt from tax under section
501(a) of such Code).
``(c) Application.--Each eligible institution seeking to receive a
grant under this section shall submit a comprehensive forest
restoration research program to the Secretary at such time, in such
manner, and containing such information as the Secretary may require.
``(d) Use of Funds.--
``(1) In general.--An eligible institution receiving a
grant under this section may use funds received through such
grant only to conduct research intended to address specific
questions related to the recovery of tree species native to the
United States suffering severe levels of mortality caused by
non-native plant pests or noxious weeds.
``(2) Matching requirement.--An eligible institution
receiving a grant under this section shall provide matching
funds from non-Federal sources in an amount equal to not less
than 20 percent of the grant. Indirect costs charged against a
grant awarded under this section shall not exceed 30 percent of
the total Federal funds provided under the grant award.
``(3) Maximum amount of grants.--The total amount of grant
funding a grant recipient is eligible to receive under this
section shall not exceed $400,000 per year.
``(e) Cooperation Among Eligible Institutions.--The Secretary, to
the maximum extent practicable, shall encourage eligible institutions
to cooperate in setting research priorities under this section.
``(f) Administration.--In carrying out this subsection, the
Secretary shall--
``(1) establish a committee of experts composed of
representatives of the Forest Service, the Animal and Plant
Health Inspection Service, the Agricultural Research Service,
and State forestry agencies to advise the Secretary on criteria
appropriate for--
``(A) defining research topics eligible for funding
under this section;
``(B) reviewing grant proposals' adherence to the
purposes specified in subsection (a)(1); and
``(C) membership in scientific peer review panels
to review grant applications;
``(2) establish an advisory committee composed of
representatives of land-grant colleges and universities and
affiliated State agricultural experiment stations, the forest
products industry, recreationists, and conservation
organizations to assist the committee of experts established
under paragraph (1) with respect to the responsibilities of
such committee specified in subparagraphs (A), (B), and (C) of
such paragraph; and
``(3) submit, beginning one year after the date on which
the first grant is awarded under this section, and annually
thereafter, to the Committee on Agriculture of the House of
Representatives and the Committee on Agriculture, Nutrition,
and Forestry of the Senate a report on the use of funds under
this section in the previous year.
``(g) Funding.--Of the funds available to the Commodity Credit
Corporation, the Secretary shall make available to carry out this
section--
``(1) $3,000,000 for fiscal year 2022;
``(2) $5,000,000 for fiscal year 2023;
``(3) $8,000,000 for fiscal year 2024; and
``(4) $10,000,000 for fiscal year 2025.
``(h) Definitions.--In this section and in section 1473I, the terms
`plant pest' and `noxious weed' have the meanings given such terms in
section 403 of the Plant Protection Act (7 U.S.C. 7702).''.
SEC. 4. FOREST RESTORATION IMPLEMENTATION GRANTS.
Subtitle K of the National Agricultural Research, Extension, and
Teaching Policy Act of 1977 (7 U.S.C. 3310 et seq.), as amended by
section 3, is further amended by adding at the end the following new
section:
``SEC. 1473I. FOREST RESTORATION IMPLEMENTATION GRANTS.
``(a) In General.--The Secretary may award grants on a competitive
basis under this section to eligible entities to support--
``(1) the implementation of research conducted pursuant to
section 1473H; or
``(2) any other solution that the committee established
under subsection (f)(1) of such section determines to be an
effective solution to restore forest tree species native to
forests in the United States that have suffered severe levels
of mortality caused by non-native plant pests or noxious weeds.
``(b) Eligible Entities.--An entity eligible to receive a grant
under this section is any of the following:
``(1) A cooperating forestry school.
``(2) A land-grant college or university.
``(3) A State agricultural experimental station.
``(4) A non-profit, non-governmental organization.
``(c) Application.--Each eligible institution seeking to receive a
grant under this section shall submit an application to the Secretary
at such time, in such manner, and containing such information as the
Secretary may require. Such application shall demonstrate to the
satisfaction of the Secretary that the entity has a program in effect
with a forest restoration strategy that incorporates a majority of the
following components:
``(1) Collection and conservation of native tree genetic
material.
``(2) Production of propagules of native trees in numbers
large enough for landscape scale restoration.
``(3) Preparation of planting sites in former habitats of
the native tree species that is the subject of the proposal.
``(4) Planting of native tree seedlings.
``(5) Post-planting maintenance of native trees.
``(d) Selection Criteria.--The Secretary shall select an eligible
entity to receive a grant under this section based on the degree to
which the entity's application addresses the following criteria:
``(1) Risk posed to the forests of the State in which the
work is to be conducted by non-native plant pest or noxious
weed species present in the State.
``(2) The proportion of such State's forest composed of
species vulnerable to non-native plant pests or noxious weeds
present in the United States.
``(3) The non-native plant pests or noxious weeds' rate of
spread via natural or human-assisted means.
``(4) The environmental and public health safety of the
proposed project, as demonstrated by supporting research.
``(e) Matching Requirement.--An eligible institution receiving a
grant under this section shall provide matching funds from non-Federal
sources in an amount equal to not less than 10 percent of the grant.
Indirect costs charged against a grant awarded under this section shall
not exceed 30 percent of the total Federal funds provided under the
grant award.
``(f) Authorization of Appropriations.--
``(1) In general.--There are authorized to be appropriated
to carry out this section $25,000,000 for each fiscal years
2022 through 2025.
``(2) Limitation.--Of the funds made available under
paragraph (1) for a fiscal year, not more than 5 percent of
such amounts may be used by the Secretary for expenses related
to administering the program under this section.''.
SEC. 5. STUDY ON PROTECTION OF FORESTS FROM NON-NATIVE PESTS AND
PATHOGENS.
(a) Findings.--Congress makes the following findings:
(1) many separate Federal agencies have important roles to
play in addressing non-native plant pests and pathogens for
stewardship and management of American forests;
(2) because of a lack of national policy non-native pests
of forests have a low priority within all Federal agencies;
(3) efforts to prevent the introduction and spread of such
pests and pathogens, and especially to reduce the resulting
damage and restore tree species to forests, lack coordination
and action.
(b) Study.--The Secretary of Agriculture shall enter into an
agreement with the National Academy of Sciences, or another
nongovernmental entity the Secretary determines to be most appropriate,
under which the National Academy of Sciences (or such other entity)
will analyze available resources in Federal agencies for research of,
and solutions to non-native forest pests and pathogens. Such study
shall make recommendations with respect to--
(1) establishing a national policy to counter effectively
the threat posed by non-native insects and disease pathogens to
tree species, including preventing the introduction and spread
of such pests, minimizing the damage caused by such pests, and
restoring affected tree species to the forest;
(2) correcting the lack of mission identification and
leadership among Federal agencies with responsibility for
management and repair of the decimation of affected species and
associated ecological destruction;
(3) addressing the low prioritization by such agencies of
non-native pests of forests;
(4) identifying expertise and site and facility resources
within such agencies, and improving coordination among such
agencies with respect to management of such damage, including
coordination with academic institutions and other appropriate
non-profits; and
(5) the establishment within the Department of Agriculture
of a center for forest pest control, prevention, and species
restoration, including potential organizational structures of
such a center, with an emphasis on including representation of
a wide variety of appropriate agencies within the center,
including the Animal and Plant Health Inspection Service, the
Agriculture Research Service, the National Institute of Food
and Agriculture, the Natural Resources Conservation Service,
the Forest Service, and any other agency the Secretary
determines is appropriate.
(c) Consultation.--The agreement referred to in subsection (b)
shall require the National Academy of Sciences (or such other entity),
in conducting such study, to consult with specialists in entomology,
genetics, forest pathology, tree breeding, forest and urban ecology,
and invasive species management.
(d) Use of Existing Resources.--The agreement referred to in
subsection (b) shall require the National Academy of Sciences (or such
other entity), in making recommendations pursuant to the study
conducted under such subsection, to make recommendations that use
existing Federal resources and may be implemented through further
legislative and administrative action for authorization of mission,
hiring of leadership, and appropriate funding.
(e) Report to Congress.--The agreement referred to in subsection
(b) shall require the National Academy of Sciences (or such other
entity) to, not later than one year after the date of the enactment of
this Act, submit to the Congress a report of the results of the study
conducted pursuant to such agreement that contains recommendations for
legislative action.
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