Sec. 1315. Pollinator-friendly practices on roadsides and highway rights-of-way
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/bill/117/hr/3684/eh/section-1315·A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
Section 329 of title 23, United States Code, is amended by adding at the end the following: The Secretary shall establish a program to provide grants to eligible entities to carry out activities to benefit pollinators on roadsides and highway rights-of-way, including the planting and seeding of native locally-appropriate grasses and wildflowers, including milkweed. An entity eligible to receive a grant under this subsection is— a State department of transportation; an Indian tribe or tribal organization; a territory; or a Federal land management agency.
To be eligible to receive a grant under this section, an eligible entity shall submit to the Secretary an application at such time, in such manner, and containing such information as the Secretary may require, including a pollinator-friendly practices plan described in paragraph (4). An eligible entity shall include in the application under paragraph
(3)a plan that describes the pollinator-friendly practices that the eligible entity has implemented or plans to implement, including— practices relating to mowing strategies that promote early successional vegetation and limit disturbance during periods of highest use by target pollinator species on roadsides and highway rights-of-way, such as— reducing the mowing swath outside of the State-designated safety zone; increasing the mowing height; reducing the mowing frequency; refraining from mowing monarch and other pollinator habitat during periods in which monarchs or other pollinators are present; use of a flushing bar and cutting at reduced speeds to reduce pollinator deaths due to mowing; or reducing raking along roadsides and highway rights-of-way; implementation of an integrated vegetation management plan that includes approaches such as mechanical tree and brush removal, targeted and judicious use of herbicides, and mowing, to address weed issues on roadsides and highway rights-of-way; planting or seeding of native, locally-appropriate grasses and wildflowers, including milkweed, on roadsides and highway rights-of-way to enhance pollinator habitat, including larval host plants; removing nonnative grasses from planting and seeding mixes, except for use as nurse or cover crops; obtaining expert training or assistance on pollinator-friendly practices, including— native plant identification; establishment and management of locally-appropriate or native plants that benefit pollinators; land management practices that benefit pollinators; and pollinator-focused integrated vegetation management; or any other pollinator-friendly or vegetation management practices the Secretary determines to be appropriate. In developing the plan under subparagraph (A), the eligible entity shall consider other vegetation management best management practices established by the Secretary, including— fuel breaks for the prevention and control of wildfires; abating stormwater runoff and stabilizing soil; habitat for forage for native fauna; and the economy of maintenance of the right-of-way. In developing a plan under subparagraph (A), an eligible entity that is a State department of transportation or a Federal land management agency shall coordinate with applicable State agencies, including State agencies with jurisdiction over agriculture and fish and wildlife. In developing a plan under subparagraph (A)— an eligible entity that is a State department of transportation or a Federal land management agency shall consult with any affected Indian tribes or tribal organizations; and any eligible entity may consult with nonprofit organizations, institutions of higher education, units of local government, or any other relevant entities. The Secretary shall provide a grant to each eligible entity that submits an application under paragraph (3), including a plan under paragraph (4), that the Secretary determines to be satisfactory. The amount of each grant provided under this subsection may not exceed $150,000. An eligible entity that receives a grant under this subsection shall use the funds for the implementation, improvement, or further development of the plan under paragraph (4). The Federal share of the cost of an activity carried out with a grant under this subsection shall be up to 80 percent. On request of an eligible entity that receives a grant under this subsection, the Secretary may provide technical assistance with the implementation, improvement, or further development of a plan under paragraph (4). For each fiscal year, the Secretary may use not more than 5 percent of the amounts made available to carry out this subsection for the administrative costs of carrying out this subsection. There is authorized to be appropriated from the general fund of the Treasury to carry out this subsection $2,000,000 for each of fiscal years 2023 through 2026. Amounts made available under this subsection shall remain available as described under section 118(b). Not later than 1 year after the date of enactment of the INVEST in America Act, and periodically thereafter, the Secretary shall develop or update best practices for, and a priority ranking of, pollinator-friendly practices on roadsides and highway rights-of-way. The Secretary shall provide guidance on sources of funds made available under this title that are eligible for activities described under this section, including any best management practices identified under paragraph
(1)that are eligible for funding under this title. . Not later than 2 years after the date on which the first grant is provided under section 329(d) of title 23, United States Code, as added by this Act, the Secretary shall publish a report on the implementation of the program under such section.