II 

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. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Building Native Habi5 tats at Federal Facilities Act’’. 

6 SEC. 2. PRIORITY AND CONSIDERATION OF THE USE OF NA7 TIVE PLANTS IN FEDERAL PROJECTS. 

8 (a) DEFINITIONS.—In this section: 

9 (1) FEDERAL AGENCY.—The term ‘‘Federal 

10 agency’’ has the meaning given the term ‘‘Executive 


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1 agency’’ in section 105 of title 5, United States 

2 Code. 

3 (2) FEDERAL PROJECT.—The term ‘‘Federal 

4 project’’ means a construction or maintenance activ5 ity that— 

6 (A) is carried out— 

7 (i) by a Federal agency; and 

8 (ii) at a Federal facility (as defined in 

9 section 930(g) of title 18, United States 

10 Code); 

11 (B) involves landscape planting improve12 ments; and 

13 (C) is located in a State of the United 

14 States, the District of Columbia, or a common15 wealth, territory, or possession of the United 

16 States. 

17 (3) NATIVE PLANT.—The term ‘‘native plant’’ 

18 has the meaning given the term ‘‘native plant spe19 cies’’ in section 101(a) of title I of division DD of 

20 the Consolidated Appropriations Act, 2023 (43 

21 U.S.C. 1732 note; Public Law 117–328). 

22 (b) FEDERAL PROJECT REQUIREMENTS.— 

23 (1) IN GENERAL.—Except as provided in para24 graph (2), not later than 270 days after the date of 


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1 enactment of this Act, any Federal agency that car2 ries out a Federal project shall— 

3 (A) prioritize, as feasible with respect to 

4 cost, schedule, and product supply or a sci5 entific, historical, or educational purpose, the 

6 use of native plants over non-native plants; and 

7 (B) consider the benefits, such as habitat 

8 creation, supporting native pollinators, pro9 viding food and shelter to insect and wildlife 

10 population, decreasing soil erosion and land11 scape water usage, increasing sediment control, 

12 and controlling stormwater runoff, of using na13 tive plants over the life of the Federal project 

14 when deciding whether to use native plants. 

15 (2) TURFGRASS AND LAWNS.—A Federal agen16 cy— 

17 (A) is not required to prioritize and con18 sider turfgrass and lawn plantings as required 

19 by paragraph (1); but 

20 (B) is encouraged to consider, with respect 

21 to cost, schedule, product supply, overall main22 tenance requirements, and property usage, the 

23 planting of native plants on appropriate areas 

24 of existing or planned turfgrass and lawns, parVerDate Sep 11 2014 22:39 Dec 29, 2023 Jkt 049200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\S3510.IS S3510

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1 ticularly unused areas, while carrying out a 

2 Federal project. 

3 (c) CONTRACTOR REQUIREMENTS.—In entering into 

4 a Federal contract, the head of a Federal agency shall— 

5 (1) include the priority and consideration re6 quirements described in subsection (b) in the con7 tract, to the maximum extent practicable; and 

8 (2) require that any subcontract (at any tier) of 

9 that contract include those priority and consider10 ation requirements. 

11 (d) UPDATE TO AGENCY-SPECIFIC DESIGN STAND12 ARDS.—Not later than 270 days after the date of enact13 ment of this Act, a Federal agency that maintains agency14 specific facility design standards or that has landscape 

15 and maintenance development requirements or standards 

16 shall update those requirements and standards in accord17 ance with subsections (b) and (c). 

18 (e) CEQ GUIDANCE.—Not later than 180 days after 

19 the date of enactment of this Act, and every 2 years there20 after, the Chair of the Council on Environmental Quality 

21 shall distribute to Federal agencies guidance on— 

22 (1) the use of native plants in Federal projects; 

23 and 

24 (2) implementing the requirements of this sec25 tion. 


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1 (f) REPORT.—Not later than 2 years after the date 

2 of enactment of this Act, and every 2 years thereafter, 

3 the Chair of the Council on Environmental Quality shall 

4 make publicly available on the website of the Council on 

5 Environmental Quality a report on the use of native plants 

6 in Federal projects for at least the previous 2 years that 

7 includes, at a minimum, the following: 

8 (1) Case studies on best practices used in var9 ious Federal projects. 

10 (2) A general analysis of scientific or environ11 mental findings relating to selected Federal projects, 

12 the types of plants used, and any quantifiable im13 pacts of native plant usage in the Federal projects. 

14 (3) A description of how the Federal Govern15 ment is promoting native habitats and native plant 

16 usage. 

Æ 


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