Introduced species may be substituted for native species only if approved by the Commission under the following conditions: (1) after appropriate field trials have demonstrated that the introduced species are desirable and necessary to achieve the approved postmining land use; (2) the species are necessary to achieve a quick, temporary, and stabilizing cover that aids in controlling erosion; and measures to establish permanent vegetation are included in the approved plan submitted under §§12.145(b)(5) and 12.147 of this title (relating to Reclamation Plan: General Requirements, and to Reclamation Plan: Postmining Land Uses); (3) the species are compatible with the plant and animal species of the region; and (4) the species meet the requirements of applicable state and federal seed or introduced species statutes, and are not poisonous or noxious.
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