[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 3510 Introduced in Senate (IS)]

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118th CONGRESS
  1st Session
                                S. 3510

  To require the priority and consideration of using native plants in 
               Federal projects, and for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                           December 13, 2023

Mr. Heinrich (for himself and Mr. Braun) introduced the following bill; 
 which was read twice and referred to the Committee on Environment and 
                              Public Works

_______________________________________________________________________

                                 A BILL


 
  To require the priority and consideration of using native plants in 
               Federal projects, 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 ``Building Native Habitats at Federal 
Facilities Act''.

SEC. 2. PRIORITY AND CONSIDERATION OF THE USE OF NATIVE PLANTS IN 
              FEDERAL PROJECTS.

    (a) Definitions.--In this section:
            (1) Federal agency.--The term ``Federal agency'' has the 
        meaning given the term ``Executive agency'' in section 105 of 
        title 5, United States Code.
            (2) Federal project.--The term ``Federal project'' means a 
        construction or maintenance activity that--
                    (A) is carried out--
                            (i) by a Federal agency; and
                            (ii) at a Federal facility (as defined in 
                        section 930(g) of title 18, United States 
                        Code);
                    (B) involves landscape planting improvements; and
                    (C) is located in a State of the United States, the 
                District of Columbia, or a commonwealth, territory, or 
                possession of the United States.
            (3) Native plant.--The term ``native plant'' has the 
        meaning given the term ``native plant species'' in section 
        101(a) of title I of division DD of the Consolidated 
        Appropriations Act, 2023 (43 U.S.C. 1732 note; Public Law 117-
        328).
    (b) Federal Project Requirements.--
            (1) In general.--Except as provided in paragraph (2), not 
        later than 270 days after the date of enactment of this Act, 
        any Federal agency that carries out a Federal project shall--
                    (A) prioritize, as feasible with respect to cost, 
                schedule, and product supply or a scientific, 
                historical, or educational purpose, the use of native 
                plants over non-native plants; and
                    (B) consider the benefits, such as habitat 
                creation, supporting native pollinators, providing food 
                and shelter to insect and wildlife population, 
                decreasing soil erosion and landscape water usage, 
                increasing sediment control, and controlling stormwater 
                runoff, of using native plants over the life of the 
                Federal project when deciding whether to use native 
                plants.
            (2) Turfgrass and lawns.--A Federal agency--
                    (A) is not required to prioritize and consider 
                turfgrass and lawn plantings as required by paragraph 
                (1); but
                    (B) is encouraged to consider, with respect to 
                cost, schedule, product supply, overall maintenance 
                requirements, and property usage, the planting of 
                native plants on appropriate areas of existing or 
                planned turfgrass and lawns, particularly unused areas, 
                while carrying out a Federal project.
    (c) Contractor Requirements.--In entering into a Federal contract, 
the head of a Federal agency shall--
            (1) include the priority and consideration requirements 
        described in subsection (b) in the contract, to the maximum 
        extent practicable; and
            (2) require that any subcontract (at any tier) of that 
        contract include those priority and consideration requirements.
    (d) Update to Agency-Specific Design Standards.--Not later than 270 
days after the date of enactment of this Act, a Federal agency that 
maintains agency-specific facility design standards or that has 
landscape and maintenance development requirements or standards shall 
update those requirements and standards in accordance with subsections 
(b) and (c).
    (e) CEQ Guidance.--Not later than 180 days after the date of 
enactment of this Act, and every 2 years thereafter, the Chair of the 
Council on Environmental Quality shall distribute to Federal agencies 
guidance on--
            (1) the use of native plants in Federal projects; and
            (2) implementing the requirements of this section.
    (f) Report.--Not later than 2 years after the date of enactment of 
this Act, and every 2 years thereafter, the Chair of the Council on 
Environmental Quality shall make publicly available on the website of 
the Council on Environmental Quality a report on the use of native 
plants in Federal projects for at least the previous 2 years that 
includes, at a minimum, the following:
            (1) Case studies on best practices used in various Federal 
        projects.
            (2) A general analysis of scientific or environmental 
        findings relating to selected Federal projects, the types of 
        plants used, and any quantifiable impacts of native plant usage 
        in the Federal projects.
            (3) A description of how the Federal Government is 
        promoting native habitats and native plant usage.
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