I 

118TH CONGRESS 

1ST SESSION H. R. 6832 

To require the priority and consideration of using native plants in Federal 

projects, and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

DECEMBER 14, 2023 

Ms. SHERRILL (for herself, Mr. JOYCE of Ohio, Ms. TOKUDA, Mr. LAWLER, 

Ms. PINGREE, Ms. NORTON, Mr. HUFFMAN, and Mr. PANETTA) introduced the following bill; which was referred to the Committee on Oversight and Accountability 

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: 


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

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

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

4 Code. 

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

6 project’’ means a construction or maintenance activ7 ity that— 

8 (A) is carried out— 

9 (i) by a Federal agency; and 

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

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

12 Code); 

13 (B) involves landscape planting improve14 ments; and 

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

16 States, the District of Columbia, or a common17 wealth, territory, or possession of the United 

18 States. 

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

20 has the meaning given the term ‘‘native plant spe21 cies’’ in section 101(a) of title I of division DD of 

22 the Consolidated Appropriations Act, 2023 (43 

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

24 (b) FEDERAL PROJECT REQUIREMENTS.— 


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1 (1) IN GENERAL.—Except as provided in para2 graph (2), not later than 270 days after the date of 

3 enactment of this Act, any Federal agency that car4 ries out a Federal project shall— 

5 (A) prioritize, as feasible with respect to 

6 cost, schedule, and product supply or a sci7 entific, historical, or educational purpose, the 

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

9 (B) consider the benefits, such as habitat 

10 creation, supporting native pollinators, pro11 viding food and shelter to insect and wildlife 

12 populations, decreasing soil erosion and land13 scape water usage, increasing sediment control, 

14 and controlling stormwater runoff, of using na15 tive plants over the life of the Federal project 

16 when deciding whether to use native plants. 

17 (2) TURFGRASS AND LAWNS.—A Federal agen18 cy— 

19 (A) is not required to prioritize and con20 sider turfgrass and lawn plantings as required 

21 by paragraph (1); but 

22 (B) is encouraged to consider, with respect 

23 to cost, schedule, product supply, overall main24 tenance requirements, and property usage, the 

25 planting of native plants on appropriate areas 


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1 of existing or planned turfgrass and lawns, par2 ticularly unused areas, while carrying out a 

3 Federal project. 

4 (c) CONTRACTOR REQUIREMENTS.—In entering into 

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

6 (1) include the priority and consideration re7 quirements described in subsection (b) in the con8 tract, to the maximum extent practicable; and 

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

10 that contract include those priority and consider11 ation requirements. 

12 (d) UPDATE TO AGENCY-SPECIFIC DESIGN STAND13 ARDS.—Not later than 270 days after the date of enact14 ment of this Act, a Federal agency that maintains agency15 specific facility design standards or that has landscape 

16 and maintenance development requirements or standards 

17 shall update those requirements and standards in accord18 ance with subsections (b) and (c). 

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

20 the date of enactment of this Act, and every 2 years there21 after, the Chair of the Council on Environmental Quality 

22 shall distribute to Federal agencies guidance on— 

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

24 and 


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1 (2) implementing the requirements of this sec2 tion. 

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

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

5 the Chair of the Council on Environmental Quality shall 

6 make publicly available on the website of the Council on 

7 Environmental Quality a report on the use of native plants 

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

9 includes, at a minimum, the following: 

10 (1) Case studies on best practices used in var11 ious Federal projects. 

12 (2) A general analysis of scientific or environ13 mental findings relating to selected Federal projects, 

14 the types of plants used, and any quantifiable im15 pacts of native plant usage in the Federal projects. 

16 (3) A description of how the Federal Govern17 ment is promoting native habitats and native plant 

18 usage. 

Æ 


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