[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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