[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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