HR1500-119

2. Priority and consideration of the use of native plants in Federal projects In this section: The term Federal agency has the meaning given the term Executive agency in section 105 of title 5, United States Code. The term Federal project means a construction or maintenance activity that— is carried out— by a Federal agency; and at a Federal facility (as defined in section 930(g) of title 18, United States Code); involves landscape planting improvements; and is located in a State of the United States, the District of Columbia, or a commonwealth, territory, or possession of the United States. 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). 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— 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 consider the benefits, such as habitat creation, supporting native pollinators, providing food and shelter to insect and wildlife populations, 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. A Federal agency— is not required to prioritize and consider turfgrass and lawn plantings as required by paragraph (1); but 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. In entering into a Federal contract, the head of a Federal agency shall— include the priority and consideration requirements described in subsection (b) in the contract, to the maximum extent practicable; and require that any subcontract (at any tier) of that contract include those priority and consideration requirements. 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). 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— the use of native plants in Federal projects; and implementing the requirements of this section. 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: Case studies on best practices used in various Federal projects. 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. A description of how the Federal Government is promoting native habitats and native plant usage.