II 118th CONGRESS 1st Session S. 3510 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. Short title This Act may be cited as the Building Native Habitats at Federal Facilities Act . 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.