Source document: https://docs-lawep.s3.us-east-2.amazonaws.com/1696590746490.pdf (United States)
I 117TH CONGRESS 1ST SESSION H. R. 2872 To establish an integrated national approach to respond to ongoing and expected effects of extreme weather and climate change by protecting, managing, and conserving the fish, wildlife, and plants of the United States, and to maximize Government efficiency and reduce costs, in cooperation with State, local, and Tribal Governments and other entities, and for other purposes.
IN THE HOUSE OF REPRESENTATIVES APRIL 28, 2021 Mr. CARTWRIGHT (for himself, Mr. CASE, Mr. CASTEN, Ms. CLARKE of New York, Mr. COHEN, Mr. CONNOLLY, Mr. DESAULNIER, Mrs. DINGELL, Mrs. KIRKPATRICK, Mr. LYNCH, Ms. MENG, Mrs. NAPOLITANO, Ms. NORTON, Mr. POCAN, Mr. RASKIN, Ms. SCANLON, Mr. THOMPSON of Mississippi, and Ms. VELA´ZQUEZ) introduced the following bill; which was referred to the Committee on Natural Resources A BILL To establish an integrated national approach to respond to ongoing and expected effects of extreme weather and climate change by protecting, managing, and conserving the fish, wildlife, and plants of the United States, and to maximize Government efficiency and reduce costs, in cooperation with State, local, and Tribal Governments and other entities, and for other purposes.
1 2 Be it enacted by the Senate and House of Representa- tives of the United States of America in Congress assembled 26 SECTION 1.

SHORT TITLE.

2 This Act may be cited as the ‘‘Safeguarding Amer- ica’s Future and Environment Act’’ or the ‘‘SAFE Act’’.

SEC.

2.
SEC.

2.

FINDINGS, PURPOSES, AND POLICY.
(a) FINDINGS.—Congress finds that— (1) healthy, diverse, and productive commu- nities of fish, wildlife, and plants provide significant benefits to the people and economy of the United States, including— (A) abundant clean water supplies; (B) flood and coastal storm protection; (C) clean air; (D) a source of food, fiber, medicines, and pollination of the crops and other plants of the United States; (E) outdoor recreation, which is a source of jobs and economic stimulus; (F) hunting and fishing opportunities and support for subsistence communities; (G) opportunities for scientific research and education; (H) world-class tourism destinations that support local economies; and (I) sequestration and storage of carbon to help mitigate changes to the global climate sys- tem; •HR 2872 IH (2) the United States Geological Survey, Na- tional Oceanic and Atmospheric Administration, Na- tional Aeronautics and Space Administration, and other agencies within the United States Global Change Research Program have observed that the fish, wildlife, and plants of the United States are facing increasing risks from changing patterns of ex- treme weather and climate, including— (A) severe droughts and heatwaves; (B) severe storms and floods; (C) frequent and severe wildfires; (D) more frequent and severe outbreaks of forest pests and invasive species; (E) flooding and erosion of coastal areas due to rising sea levels; (F) melting glaciers and sea ice; (G) thawing permafrost; (H) shifting distributions of fish, wildlife, and plant populations; (I) disruptive shifts in the timing of fish, wildlife, and plant natural history cycles, such as blooming, breeding, and seasonal migrations; (J) increasing ocean temperatures and acidification; VerDate Sep 11 2014 02:51 Jun 08, 2021 Jkt 019200 PO 00000 Frm
 00003 Fmt 6652 Sfmt 6201 E:\BILLS\H2872.IH H2872 •HR 2872 IH (K) altered patterns of rain, snow, runoff, and streamflow; and (L) habitat loss, degradation, fragmenta- tion, and movement; and (3) the Federal Government should provide leadership in preparing for and responding to the ef- fects described in paragraph (2) to ensure that present and future generations continue to receive the benefits of the abundant and diverse fish, wild- life, and plant resources of the United States.
(b) PURPOSES.—The purpose of this Act is to estab- lish an integrated national approach— (1) to respond to ongoing and expected effects of extreme weather and climate change by pro- tecting, managing, and conserving the fish, wildlife, and plants of the United States; and (2) to maximize Government efficiency and re- duce costs, in cooperation with State, local, and Tribal Governments and other entities.
(c) NATIONAL FISH, WILDLIFE, AND PLANTS CLI- MATE CHANGE ADAPTATION POLICY.—It is the policy of the Federal Government, in cooperation with State and local governments, Indian Tribes, and other interested stakeholders to evaluate and reduce the increased risks and vulnerabilities associated with climate change and ex- •HR 2872 IH treme weather events, and to use all practicable means to protect, manage, and conserve healthy, diverse, and pro- ductive fish, wildlife, and plant populations.
SEC.

3.

DEFINITIONS.
In this Act: (1) ADAPTATION.—The term ‘‘adaptation’’ means— (A) the process of adjustment to actual or expected climate and the effects of climate change; and (B) with respect to fish, wildlife, and plants, protection, management, and conserva- tion efforts designed to maintain or enhance the ability of fish, wildlife, and plants to withstand, adjust to, or recover from the effects of extreme weather and climate change (including, where applicable, ocean acidification, drought, flood- ing, and wildfire).
(2) CENTER.—The term ‘‘Center’’ means the National Climate Change and Wildlife Science Cen- ter established under section 6(a)(1).

(3) COMMITTEE.—The term ‘‘Committee’’ means the Advisory Committee on Climate Change and Natural Resource Sciences established under section 6(b)(1).
•HR 2872 IH (4) ECOLOGICAL PROCESSES.—The term ‘‘eco- logical processes’’ means biological, chemical, or physical interaction between the biotic and abiotic components of an ecosystem, including— (A) decomposition; (B) disease epizootiology; (C) disturbance regimes, such as fire and flooding; (D) gene flow; (E) hydrological cycling; (F) larval dispersal and settlement; (G) nutrient cycling; (H) pollination; (I) predator-prey relationships; and (J) soil formation.
(5) HABITAT.—The term ‘‘habitat’’ means the physical, chemical, and biological properties that fish, wildlife, or plants use for growth, reproduction, survival, food, water, or cover (whether on land, in water, or in an area or region).
(6) HABITAT CONNECTIVITY.—The term ‘‘habi- tat connectivity’’ means areas that facilitate terres- trial, marine, estuarine, and freshwater fish, wildlife, or plant movement that is necessary— •HR 2872 IH (A) for migration, gene flow, or dispersal; or (B) to respond to the ongoing and ex- pected effects of climate change (including, where applicable, ocean acidification, drought, flooding, and wildfire).
(7) INDIAN TRIBE.—The term ‘‘Indian Tribe’’ has the meaning given the term in section 4 of the Indian Self-Determination and Education Assistance Act (25 U.S.C.

5304(e)).

(8) NATIONAL STRATEGY.—The term ‘‘National Strategy’’ means the National Fish, Wildlife, and Plants Climate Adaptation Strategy released March 26, 2013.
(9) RESILIENCE; RESILIENT.—The terms ‘‘re- silience’’ and ‘‘resilient’’ mean the ability to antici- pate, prepare for, and adapt to changing conditions and withstand, respond to, and recover rapidly from disruptions.
(10) STATE.—The term ‘‘State’’ means— (A) a State of the United States; (B) the District of Columbia; (C) American Samoa; (D) Guam; •HR 2872 IH (E) the Commonwealth of the Northern Mariana Islands; (F) the Commonwealth of Puerto Rico; and (G) the United States Virgin Islands.
(11) WORKING GROUP.—The term ‘‘Working Group’’ means the National Fish, Wildlife, and Plants Climate Adaptation Strategy Joint Imple- mentation Working Group established under section 4(a).

SEC.

4.

NATIONAL FISH, WILDLIFE, AND PLANTS CLIMATE ADAPTATION STRATEGY JOINT IMPLEMENTA- TION WORKING GROUP.
(a) ESTABLISHMENT.—Not later than 90 days after the date of enactment of this Act, the President shall es- tablish a National Fish, Wildlife, and Plants Climate Ad- aptation Strategy Joint Implementation Working Group composed of the heads of Federal and State agencies or departments with jurisdiction over fish, wildlife, and plant resources of the United States, and Tribal representatives, as follows: 22 23 24 25 (1) The Administrator of the Environmental Protection Agency.
(2) The Administrator of the Federal Emer- gency Management Agency.

 •HR 2872 IH (3) The Administrator of the National Oceanic and Atmospheric Administration.

(4) The Chair of the Council on Environmental Quality.

(5) The Chief of Engineers.

(6) The Chief of the Forest Service.

(7) The Commissioner of Reclamation.


(8) The Director of the Bureau of Indian Af- fairs.

(9) The Director of the Bureau of Land Man- agement.

(10) The Director of the National Park Service.

(11) The Director of the United States Fish and Wildlife Service.

(12) The Director of the United States Geologi- cal Survey.

(13) The Secretary of Agriculture.

(14) The Secretary of Defense.

(15) State representatives from each regional association of State fish and wildlife agencies.
(16) Not less than 2 Tribal representatives.

(b) DUTIES.—The Working Group shall serve as a forum for interagency consultation on, and the coordina- tion of, the development and implementation of the Na- tional Strategy.
•HR 2872 IH 10 (c) CO-CHAIRS.—There shall be 4 co-chairs, of whom— (1) two shall be representatives of the Federal Government; (2) one shall be a representative of a State; and (3) one shall be a Tribal representative.

SEC.

5.

NATIONAL FISH, WILDLIFE, AND PLANTS CLIMATE ADAPTATION STRATEGY.
(a) IN GENERAL.—The Working Group shall adopt the National Strategy to protect, manage, and conserve fish, wildlife, and plants to maintain the inherent resil- ience and adaptability of fish, wildlife, and plants to with- stand the ongoing and expected effects of extreme weather and climate change.
(b) REVIEW AND REVISION.—Not later than 1 year after each release of the assessment required under section 106 of the Global Change Research Act of 1990 (15 U.S.C.
2936), the Working Group shall— (1) use sound science to review and revise the National Strategy to incorporate— (A) new information regarding the ongoing and expected effects of climate change on fish, wildlife, and plants; and (B) advances in the development of fish, wildlife, and plant adaptation strategies; and •HR 2872 IH 11 (2) in carrying out paragraph (1), provide pub- lic notice and opportunity for comment.
(c) CONTENTS.—A revised National Strategy shall— (1) assess the vulnerability of fish, wildlife, and plants to climate change, including short-term, me- dium-term, long-term, and cumulative impacts; (2) describe current observation and monitoring activities at the Federal, State, Tribal, and local lev- els relating to the ongoing and expected effects of climate change on fish, wildlife, and plants; (3) identify and prioritize research and data needs; (4) identify fish, wildlife, and plants likely to have the greatest need for protection, restoration, and conservation due to the ongoing and expanding effects of extreme weather and climate change; (5) include specific protocols for integrating fish, wildlife, and plant adaptation strategies and ac- tivities into the conservation and management of natural resources by Federal agencies to ensure con- sistency across agency jurisdictions; (6) identify opportunities for maintaining, re- storing, or enhancing fish, wildlife, and plants to re- duce the risks of extreme weather and climate change on other vulnerable sectors of society; •HR 2872 IH 12 (7) identify Federal policies and actions that may reduce resilience and increase the vulnerability of fish, wildlife, and plants to extreme weather and climate change; (8) include specific actions that Federal agen- cies shall take to protect, conserve, and manage fish, wildlife, and plants to maintain the inherent resil- ience and adaptability of fish, wildlife, and plants to withstand, adjust to, or recover from the ongoing and expected effects of climate change, including a timeline to implement those actions; (9) include specific mechanisms for ensuring communication and coordination— (A) among Federal agencies; and (B) between Federal agencies and State agencies, territories of
 the United States, In- dian Tribes, private landowners, conservation organizations, and other countries that share jurisdiction over fish, wildlife, and plants with the United States; (10) include specific actions to develop and im- plement coordinated fish, wildlife, and plants inven- tory and monitoring protocols through interagency coordination and collaboration with States and local •HR 2872 IH 13 governments, Indian Tribes, and private organiza- tions; and (11) include procedures for guiding the develop- ment of detailed strategy implementation plans re- quired under section 7.
(d) IMPLEMENTATION.— (1) IN GENERAL.—Consistent with other laws and Federal trust responsibilities concerning Indian land or rights of Indians under treaties with the United States, each Federal agency shall integrate the elements of the National Strategy that relate to conservation, management, and protection of fish, wildlife, and plants into agency plans, environmental reviews, and programs.
(2) PUBLIC REPORT.—The Working Group shall, on a biannual basis, between revisions to the National Strategy, make available to the public a re- port documenting any actions implementing the Strategy.

(3) COORDINATION.—The Working Group shall coordinate the implementation of the National Strat- egy with Federal agencies not represented on the Working Group to achieve the policy of the United States described in section 2(c).
•HR 2872 IH 14 SEC.

6.

FISH, WILDLIFE, AND PLANTS ADAPTATION SCIENCE AND INFORMATION.
(a) NATIONAL CLIMATE CHANGE AND WILDLIFE SCIENCE CENTER.— (1) AUTHORIZATION.—The Secretary of the In- terior, in collaboration with the States, Indian Tribes, and other partner organizations, shall estab- lish a National Climate Change and Wildlife Science Center.
(2) DUTIES OF CENTER.—The Center shall as- sess and develop scientific information, tools, strate- gies, and techniques to support the Working Group, Federal and State agencies, Tribes, regionally based science and conservation centers, regional coordi- nating entities, and other interested parties in ad- dressing the effects of extreme weather and climate change on fish, wildlife, and plants.
(3) GENERAL AUTHORITY TO ENTER INTO CON- TRACTS, GRANTS, AND COOPERATIVE AGREE- MENTS.—The Secretary may enter into contracts, grants, or cooperative agreements with State agen- cies, State cooperative extension services, institutions of higher education, other research or educational institutions and organizations, Tribal organizations, Federal and private agencies and organizations, indi- viduals, and any other contractor or recipient, to 26 •HR 2872 IH 15 further the duties under paragraph (2) without re- gard to— (A) any requirements for competition; (B) section 6101 of title 41, United States Code; or (C) subsections (a) and (b) of section 3324 of title 31, United States Code.
(b) ADVISORY COMMITTEE ON CLIMATE CHANGE AND NATURAL RESOURCE SCIENCES.— (1) IN GENERAL.—Not later than 180 days after the date of enactment of this Act, and pursu- ant to the Federal Advisory Committee Act (5 U.S.C.

App.

), the Secretary of the Interior shall es- tablish an Advisory Committee on Climate Change and Natural Resource Sciences.
(2) MEMBERSHIP.—The Committee shall be comprised of 25 members who— (A) represent— (i) Federal agencies; (ii) State, local, and Tribal Govern- ments; (iii) nongovernmental organizations; (iv) academic institutions; and (v) the private sector; and (B) have expertise in— •HR 2872 IH 16 (i) biology (including fish, wildlife, plant, aquatic, coastal, and marine biol- ogy); (ii) ecology; (iii) climate change (including, where applicable, ocean acidification, drought, flooding, and wildfire); and (iv) other relevant scientific dis- ciplines.
(3) CHAIR.—The Secretary of the Interior shall appoint a Committee Chair from among the mem- bers of the Committee.
(4) DUTIES.—The Committee shall— (A) advise the Working Group on the state of the science regarding— (i) the ongoing and expected effects of extreme weather and climate change on fish, wildlife, and plants; and (ii) scientific strategies and mecha- nisms for fish, wildlife, and plant adapta- tion; (B) identify and recommend priorities for ongoing research needs on the issues described in subparagraph (A) to inform the research pri- orities of the Center described in subsection (a) •HR 2872 IH 17 and other Federal climate science institutions; and (C) review and comment on each revised National Strategy before that National Strategy is finalized.
(5) COLLABORATION.—The Committee shall collaborate with climate change and fish, wildlife, and plant research entities in other Federal agencies and departments.

(6) AVAILABILITY TO PUBLIC.—The advice and recommendations of the Committee shall be made available to the public.

SEC.

7.

STRATEGY IMPLEMENTATION PLAN.


(a) DEVELOPMENT.—Not later than 1 year after the date of enactment of this Act and not later than 1 year after the date of each revision of the National Strategy, the Working Group shall— (1) complete a strategy implementation plan; (2) provide opportunities for public review and comment on the plan; and (3) submit the plan to the President for ap- proval.
(b) REQUIREMENTS.—The strategy implementation 24 plan shall— •HR 2872 IH 18 (1) identify and prioritize specific conservation and management strategies and actions that address the ongoing and expected effects of extreme weather and climate change on fish, wildlife, and plants, in- cluding— (A) protection, management, and conserva- tion of terrestrial, marine, estuarine, and fresh- water habitats and ecosystems; (B) establishment of terrestrial, marine, estuarine, and freshwater habitat connectivity corridors; (C) restoration and conservation of ecologi- cal processes; (D) protection of a broad diversity of spe- cies of fish, wildlife, and plant populations; and (E) protection of fish, wildlife, and plant health, recognizing that climate can alter the distribution and ecology of parasites, pathogens, and vectors; (2) establish methods— (A) to assess the effectiveness of strategies and conservation actions implemented by the agencies to protect, manage, and conserve fish, wildlife, and plants; and •HR 2872 IH 19 (B) to update those strategies and actions to respond to new information and changing conditions; (3) describe current and proposed mechanisms to enhance cooperation and coordination of fish, wildlife, and plant adaptation efforts with other Fed- eral agencies, State and local governments, Indian Tribes, and nongovernmental stakeholders; (4) include written guidance to resource man- agers; and (5) identify and assess data and information gaps necessary to develop fish, wildlife, and plant adaptation plans and strategies.
(c) IMPLEMENTATION.— (1) IN GENERAL.—On approval by the Presi- dent, each Federal agency shall, consistent with ex- isting authority, implement the strategy implementa- tion plan under subsection (a)(1) through existing and new plans, policies, programs, activities, and ac- tions.
(2) CONSIDERATION OF EFFECTS.—To the maximum extent practicable and consistent with ex- isting authority, fish, wildlife, and plant conservation and management decisions made by each Federal agency shall consider and promote resilience to the •HR 2872 IH 20 ongoing and expected effects of extreme weather and climate change.
(d) REVISION AND REVIEW.—Not later than 1 year after the National Strategy is revised under section 5(b), the Working Group shall review and revise the strategy implementation plan under subsection (a)(1) to incor- porate the best available science, including advice and in- formation pursuant to section 6 and other information, re- garding the ongoing and expected effects of climate change on fish, wildlife, and plants.

SEC.

8.

STATE FISH, WILDLIFE, AND PLANTS ADAPTATION PLANS.
(a) REQUIREMENT.—To be eligible to receive funds pursuant to subsection (d), not later than 1 year after the date of enactment of this Act and not later than 1 year after the date of each revision of the National Strategy, each State shall prepare and submit to the Secretary of the Interior and the Secretary of Commerce, a State fish, wildlife, and plant adaptation plan detailing current and future efforts of the State to address the ongoing and ex- pected effects of climate change on fish, wildlife, and plants and coastal areas within the jurisdiction of the 23 State.
24 25 (b) REVIEW OR APPROVAL.—The Secretary of the In- terior and the Secretary of Commerce shall— •HR 2872 IH 21 (1) review each State adaptation plan; and (2) approve a State adaptation plan if the plan— (A) meets the requirements of subsection (c); and (B) is consistent with the National Strat- egy.
(c) CONTENTS.—A State adaptation plan shall— (1) meet the requirements described in section 7(b), except that the requirements of that section re- lating to marine habitats or ecosystems shall not apply to a State in which those habitats or eco- systems do not exist; (2) include the adaptation provisions of any State comprehensive wildlife conservation strategy (or State wildlife action plan) that has been— (A) submitted to the Director of the United States Fish and Wildlife Service; and (B) approved, or is pending approval, by the Director of the United States Fish and Wildlife Service; (3) include the adaptation provisions of a state- wide assessment and strategy for forest resources re- quired under section 2A of the Cooperative Forestry •HR 2872 IH 22 Assistance Act of 1978 (16 U.S.C.
2101a) that has been— (A) submitted to the Secretary of Agri- culture; and (B) approved, or is pending approval, by the Secretary of Agriculture; and (4) in the case of a State with coastal areas, in- clude the adaptation provisions of a Coastal Zone Management Plan or a Coastal and Estuarine Land Conservation Program Plan that has been— (A) submitted to the Administrator of the National Oceanic and Atmospheric Administra- tion; and (B) approved, or is pending approval, by the Administrator of the National Oceanic and Atmospheric Administration.
(d) DISTRIBUTION OF FUNDS TO STATES.—Any funds made available pursuant to this Act shall be— (1) used to carry out activities in accordance with adaptation plans approved under this section; and (2) made available through— (A) the State and Tribal wildlife grant pro- gram under title I of division F of the Consoli- •HR 2872 IH 23 dated Appropriations Act, 2008 (Public Law 110–161; 121 Stat.
2103); and (B)(i) the grant program under section 306 of the Coastal Zone Management Act of 1972 (16 U.S.C.

1455); (ii) the Coastal and Estuarine Land Con- servation Program established under title II of the Department of Commerce and Related Agencies Appropriations Act, 2002 (16 U.S.C.

1456d); and (iii) programs established under the Coop- erative Forestry Assistance Act of 1978 (16 U.S.C.

2101 et seq.).
2101 et seq.).

(e) PUBLIC INPUT.—In developing an adaptation plan, a State shall solicit and consider input from the pub- lic and independent scientists.

17 18 19 20 (f) COORDINATION WITH OTHER PLANS.—A State adaptation plan shall, where appropriate, integrate the goals and measures set forth in other climate adaptation, hazard mitigation, and fish, wildlife, and plant conserva- 21 tion strategies and plans.
22 23 (g) UPDATES.—Each State adaptation plan shall be updated at least every 4 years.

Æ •HR 2872 IH j