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EXECUTIVE MEMORANDUM ON LANDSCAPE - GUIDANCE

Questions and Answers

Question

Final guidance implementing the Presidential Executive Memorandum on Environmentally and Economically Beneficial Landscape Practices was issued in the Federal Register on August 10, (Pgs. 40837-41). What does this Memorandum and the guidance document mean to our agency?

Answer

In a nutshell, they suggest principles for environmentally and economically beneficial landscape practices. The Memorandum was motivated by the 1993 National Performance Review Recommendation. The Memorandum noted five landscape principles for landscape projects:

1. Use regionally native plants for landscaping;

2. Design, use or promote construction practices that minimize adverse effects on natural habitat;

3. Seek to prevent pollution;

4. Implement water and energy efficient practices; and

5. Create outdoor demonstration projects.

The intent of the Memorandum is for Federal agencies, facilities, and funded projects to implement these principles, showing leadership to the nation by demonstrating environmentally sensitive landscape practices. The Memorandum is further intended to assist in planning and policy for landscape management practices. Finally it supports those programs already taking this direction.

A key definition established by this Memorandum for agency use is that of "native plant."

A native plant species is one that occurs naturally in a particular region, ecosystem and/or habitat without direct or indirect human actions. This definition is not new, but rather borrowed from the 1994 Memorandum of Understanding that established the Federal Native Plant Conservation Committee.

The following questions have been raised about the Executive Memorandum's application to the Federal Highway Administration and State highway agencies, when Federal-aid funds are involved on landscape projects:

Questions and Answers:

Question	Does the Memorandum apply to most Federal-aid highway projects?
Answer	Since landscaping is an integral part of most projects, the recommendations are common sense practices that will be expected to be applied at every opportunity.

Question	Does the Memorandum include habitat mitigation projects?
Answer	Although the guidelines do not address this question directly, the guidelines do assume that restorations (another name for mitigation) will be encouraged as large-scale demonstrations of the landscape principles. Successful mitigation projects have already used the principles of these guidelines. Successful projects take the best scientific information we have available and apply those scientific solutions to mitigation problems.

Question	Is this an unfunded mandate?
Answer	The guidelines suggest that existing project funds be used thoughtfully with environmental protection and economical savings in mind.

Question	Does the Memorandum infringe on State flexibility?
Answer	The intent of the guidelines is to give support to the many State Highway Agencies who have already taken this approach to landscape projects and encourage other States to duplicate their wisdom. States continue to have flexibility to chose solutions to landscape problems.

Question	How does the E.M. relate to existing mandates?
Answer	Existing regulations, i.e. 1965 Beautification, 1966 Historic Preservation, 1969 NEPA, 1973 Endangered Species, and the 1987 STURRA Acts are not affected by this guidance.

Question	Are naturalized species or named varieties considered “native plants?”
Answer	As the definition of native plant says, plants affected by direct or indirect human actions are not native plants. Therefore naturalized/introduced species or named varieties/hybrid plants are not considered native. Native "plants selected for Federal landscape projects or federally-funded landscape projects shall be nursery propagated from sources as close as practicable to the project area". In some cases this will require collection and propagation of seed on a project by project basis until seed/seedling commercial sources are available.

Question	May native species be dug from the wild to meet these recommendations?
Answer	Commercial sources should always be your first source of plant materials. However, if the opportunity to salvage naturally growing native species in the path of construction occurs, an effort should be made to incorporate them into your design and implementation. Since wild-dug plants often diminish and have no guarantee of survival, commercial sources should be sought. Securing native species from the wild, except in salvage, is not acceptable.

Question	Will the use of fertilizers and herbicides be eliminated?
Answer	Fertilizers and herbicides are important tools in landscape work, including erosion control and vegetation management. The guidelines seek to reduce the use of chemicals in the environment and increase the use of alternatives, i.e. compost, mulches, and integrated pest management. Elimination of chemical tools is not possible at this time.

Question	Will irrigation solutions be allowed?
Answer	Although reducing the use of limited natural resources is a large part of this E.M., eliminating the use of irrigation is unlikely. However, reducing the use of irrigation and encouraging the use of alternative methods like xeriscape, drought tolerant native plants, recycled water, and advanced irrigation technology will be the solutions desired.

Question	Will new funding be available?
Answer	At this time, additional funding for demonstration projects is not budgeted. However, we will seek and encourage innovative funding to demonstrate the principles of the Memorandum. CALTRANS is partnering with a commercial seed source to find better establishment techniques of native plants. The Florida DOT with the help of the Florida Federated Garden Clubs is using research grant to plant native plant interpretative gardens at Welcome Centers to increase public awareness. Further partnerships with educational institutions, arboreta, commercial nurseries, botanic gardens and garden clubs are encouraged. These partnerships in themselves will improve public awareness.

Question	Will “cultural landscapes” have to be replaced with environmentally and economically beneficial landscapes?
Answer	No. Cultural or historical, or existing landscapes are not expected to be replaced. The Executive Memorandum applies only to landscape projects implemented after August 10, 1995, or realistically projects funded beginning October 1, 1995.

Question	Will the Federal Highway Administration assist States in implementing the Memorandum?
Answer	The FHWA will facilitate the implementation in every way possible. Further guidelines for the use of native plants in wildflower and treeways programs are in progress. State-by-State lists of what plants are native are also in progress. The FHWA is developing a training course/workshop mechanism to further share information about the Memorandum's approach. The FHWA will continue to share experiences and information for all States through the quarterly Greener Roadsides.

Question	Can consistency among agencies be expected?
Answer	We have been assured by the Federal Environmental Executive, who oversees the implementation of the Memorandum, that consistency will be the rule.

This page last modified April 1, 2011

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