I 

110TH CONGRESS 

1ST SESSION H. R. 2338 

To establish the policy of the Federal Government to use all practicable 

means and measures to assist wildlife populations in adapting to and 

surviving the effects of global warming, and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

MAY 16, 2007 

Mr. DICKS (for himself, Mr. INSLEE, and Mr. SAXTON) introduced the following bill; which was referred to the Committee on Natural Resources, 

and in addition to the Committee on Agriculture, for a period to be subsequently determined by the Speaker, in each case for consideration of 

such provisions as fall within the jurisdiction of the committee concerned 

A BILL 

To establish the policy of the Federal Government to use 

all practicable means and measures to assist wildlife 

populations in adapting to and surviving the effects of 

global warming, 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 TITLE I—NATIONAL POLICY AND 

4 STRATEGY 

5 SEC. 101. SHORT TITLE. 

6 This title may be cited as the ‘‘Global Warming Wild7 life Survival Act’’. 


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1 SEC. 102. NATIONAL POLICY ON WILDLIFE AND GLOBAL 

2 WARMING. 

3 It is the policy of the Federal Government, in co4 operation with State, tribal, and affected local govern5 ments, other concerned public and private organizations, 

6 landowners, and citizens to use all practicable means and 

7 measures— 

8 (1) to assist wildlife populations in adapting to 

9 and surviving the effects of global warming; and 

10 (2) to ensure the persistence and resilience of 

11 the wildlife of the United States as an essential part 

12 of our Nation’s culture, landscape, and natural re13 sources. 

14 SEC. 103. DEFINITIONS. 

15 In this title: 

16 (1) ECOLOGICAL PROCESSES.—The term ‘‘eco17 logical processes’’ means the biological, chemical, 

18 and physical interactions between the biotic and abi19 otic components of ecosystems, including nutrient 

20 cycling, pollination, predator-prey relationships, soil 

21 formation, gene flow, hydrologic cycling, decomposi22 tion, and disturbance regimes such as fire and flood23 ing. 

24 (2) HABITAT LINKAGES.—The term ‘‘habitat 

25 linkages’’ means areas that connect wildlife habitat 

26 or potential wildlife habitat, and that facilitate the 


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1 ability of wildlife to move within a landscape in re2 sponse to the effects of global warming. 

3 (3) SECRETARY.—The term ‘‘Secretary’’ means 

4 the Secretary of the Interior. 

5 (4) WILDLIFE.—The term ‘‘wildlife’’ means any 

6 species of wild, free-ranging fauna including fish, 

7 and also fauna in captive breeding programs the ob8 ject of which is to reintroduce individuals of a de9 pleted indigenous species into previously occupied 

10 range. 

11 SEC. 104. NATIONAL STRATEGY. 

12 (a) REQUIREMENT.— 

13 (1) IN GENERAL.—The Secretary shall, within 

14 two years after the date of the enactment of this 

15 Act, on the basis of the best available science as pro16 vided by the science advisory board under section 

17 105, promulgate a national strategy for mitigating 

18 the impacts of global warming on wildlife popu19 lations in the United States. 

20 (2) CONSULTATION AND COMMENT.—In devel21 oping the national strategy, the Secretary shall— 

22 (A) consult with the Secretary of Agri23 culture, the Secretary of Commerce, the Admin24 istrator of the Environmental Protection Agen25 cy, State fish and wildlife agencies, Indian 


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1 tribes, local governments, conservation organi2 zations, scientists, and other interested stake3 holders; and 

4 (B) provide opportunity for public com5 ment. 

6 (b) CONTENTS.— 

7 (1) IN GENERAL.—The Secretary shall include 

8 in the national strategy prioritized goals and meas9 ures to— 

10 (A) identify and monitor wildlife popu11 lations likely to be adversely affected by global 

12 warming; 

13 (B) identify and monitor coastal, marine, 

14 terrestrial, and freshwater resources and habi15 tat at greatest risk of being damaged by global 

16 warming; 

17 (C) assist species in adapting to the im18 pacts of global warming; 

19 (D) protect, acquire, and restore wildlife 

20 habitat to build resilience to global warming; 

21 (E) provide habitat linkages and corridors 

22 to facilitate wildlife movements in response to 

23 global warming; 


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1 (F) restore and protect ecological processes 

2 that sustain wildlife populations vulnerable to 

3 global warming; and 

4 (G) incorporate consideration of climate 

5 change in, and integrate climate change adapta6 tion strategies for wildlife into, the planning 

7 and management of Federal lands administered 

8 by the Department of the Interior and lands 

9 administered by the Forest Service. 

10 (2) COORDINATION WITH OTHER PLANS.—In 

11 developing the national strategy, the Secretary 

12 shall— 

13 (A) take into consideration research and 

14 information in State comprehensive wildlife con15 servation plans, the North American Waterfowl 

16 Management Plan, the National Fish Habitat 

17 Action Plan, and other relevant wildlife con18 servation plans; and 

19 (B) coordinate and integrate, to the extent 

20 practicable and consistent with the policy set 

21 forth in section 102, the goals and measures 

22 identified in the national strategy with goals 

23 and measures identified in such plans. 

24 (c) REVISION.—The Secretary shall revise the na25 tional strategy not later than five years after its initial 


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1 promulgation, and not later than every ten years there2 after, to reflect new information on the impacts of global 

3 warming on wildlife and advances in the development of 

4 strategies for adapting to or mitigating for such impacts. 

5 (d) IMPLEMENTATION.— 

6 (1) IMPLEMENTATION ON DEPARTMENT OF

7 THE INTERIOR AND FOREST SERVICE LANDS.—To 

8 achieve the goals of the national strategy and to im9 plement measures for the conservation of wildlife 

10 identified in the national strategy— 

11 (A) the Secretary shall exercise the author12 ity of such Secretary under this and other Acts 

13 on lands administered by the National Park 

14 Service, the United States Fish and Wildlife 

15 Service, and the Bureau of Land Management; 

16 and 

17 (B) the Secretary of Agriculture shall exer18 cise the authority of such Secretary under this 

19 and other Acts on lands administered by the 

20 Forest Service. 

21 (2) WILDLIFE CONSERVATION PROGRAMS.— 

22 Consistent with their authorities under other laws, 

23 the Secretary, the Secretary of Agriculture, and the 

24 Secretary of Commerce shall administer wildlife con25 servation programs authorized under other laws to 


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1 achieve the goals of the national strategy and to im2 plement measures for the conservation of wildlife 

3 identified in the national strategy. 

4 SEC. 105. ADVISORY BOARD. 

5 (a) SCIENCE ADVISORY BOARD.— 

6 (1) IN GENERAL.—The Secretary shall establish 

7 and appoint the members of a science advisory board 

8 comprised of not less than ten and not more than 

9 twenty members recommended by the President of 

10 the National Academy of Sciences with expertise in 

11 wildlife biology, ecology, climate change and other 

12 relevant disciplines. The director of the National 

13 Global Warming and Wildlife Science Center estab14 lished under subsection (b) shall be an ex officio 

15 member of the science advisory board. 

16 (2) FUNCTIONS.—The science advisory board 

17 shall— 

18 (A) provide scientific and technical advice 

19 and recommendations to the Secretary on the 

20 impacts of global warming on wildlife and its 

21 habitat, areas of habitat of particular impor22 tance for the conservation of wildlife popu23 lations affected by global warming, and strate24 gies and mechanisms to mitigate the impacts of 

25 global warming on wildlife in the management 


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1 of Federal lands and in other Federal programs 

2 for wildlife conservation; 

3 (B) advise the National Global Warming 

4 and Wildlife Science Center established under 

5 subsection (b) and review the quality of the re6 search programs of the Center; 

7 (C) advise the Secretary regarding the best 

8 science available for purposes of section 

9 104(a)(1). 

10 (b) NATIONAL GLOBAL WARMING AND WILDLIFE

11 SCIENCE CENTER.— 

12 (1) IN GENERAL.—The Secretary shall establish 

13 the National Global Warming and Wildlife Science 

14 Center within the United States Geological Survey. 

15 (2) FUNCTIONS.—The National Global Warm16 ing and Wildlife Science Center shall— 

17 (A) conduct scientific research on national 

18 issues related to the impacts of global warming 

19 on wildlife and its habitat and mechanisms for 

20 adaptation or mitigation of such impacts; and 

21 (B) provide scientific support to Federal 

22 land management agencies and Federal wildlife 

23 agencies regarding such issues. 

24 (c) DETECTION OF CHANGES.—The Secretary, the 

25 Secretary of Agriculture, and the Secretary of Commerce 


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1 shall each exercise authorities under other laws to carry 

2 out programs to detect changes in wildlife abundance, dis3 tribution, and behavior related to global warming, includ4 ing— 

5 (1) conducting species inventories on Federal 

6 lands and in marine areas within the exclusive eco7 nomic zone of the United States; and 

8 (2) establishing and implementing robust, co9 ordinated monitoring programs. 

10 SEC. 106. AUTHORIZATION OF APPROPRIATIONS. 

11 (a) IMPLEMENTATION OF NATIONAL STRATEGY.—Of 

12 the amounts appropriated to carry out this title for each 

13 fiscal year— 

14 (1) 45 percent are authorized to be made avail15 able to Federal agencies to develop and implement 

16 the national strategy promulgated under section 104 

17 on Federal lands, of which— 

18 (A) 35 percent shall be allocated to the 

19 Department of the Interior to— 

20 (i) operate the National Global Warm21 ing and Wildlife Science Center established 

22 under section 105; and 

23 (ii) carry out the policy set forth in 

24 section 102 and implement the national 

25 strategy on lands within the National Park 


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1 System, lands within the National Wildlife 

2 Refuge System, and public lands adminis3 tered by the Bureau of Land Management; 

4 and 

5 (B) 10 percent shall be allocated to the 

6 Department of Agriculture to carry out the pol7 icy set forth in section 102 and implement the 

8 national strategy on lands within the National 

9 Forest System; 

10 (2) 25 percent are authorized to be made avail11 able to Federal agencies to carry out the policy set 

12 forth in section 102 and to implement the national 

13 strategy through fish and wildlife programs, other 

14 than for the operation and maintenance of Federal 

15 lands, of which— 

16 (A) 10 percent shall be allocated to the 

17 Department of the Interior to fund endangered 

18 species, migratory bird, and other fish and wild19 life programs administered by the United 

20 States Fish and Wildlife Service, other than op21 erations and maintenance of the national wild22 life refuges; 

23 (B) 8 percent shall be allocated to the De24 partment of the Interior for implementation of 

25 cooperative grant programs benefitting wildlife 


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1 including the Cooperative Endangered Species 

2 Fund, Private Stewardship Grants, the North 

3 American Wetlands Conservation Act, the 

4 Neotropical Migratory Bird Conservation Fund, 

5 and the National Fish Habitat Action Plan, 

6 and used exclusively for activities that address 

7 the impacts of global warming on wildlife and 

8 its habitat; and 

9 (C) 7 percent shall be allocated to the Na10 tional Oceanic and Atmospheric Administration 

11 to carry out the policy set forth in section 102 

12 and to implement the national strategy through 

13 Federal programs for conservation of fish and 

14 wildlife under its jurisdiction; and 

15 (3) 30 percent are authorized to be made avail16 able for grants to States and Indian tribes through 

17 the State and Tribal Wildlife Grants Program au18 thorized under section 201, to— 

19 (A) be used exclusively to carry out activi20 ties that address the impacts of global warming 

21 on wildlife in accordance with State comprehen22 sive wildlife conservation plans developed and 

23 approved under that program that contain ex24 plicit strategies for addressing the impacts of 

25 global warming on wildlife; and 


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1 (B) revise existing State comprehensive 

2 wildlife conservation plans as necessary to in3 clude specific strategies for addressing the im4 pacts of global warming on wildlife. 

5 (b) AVAILABILITY.— 

6 (c) INTENT OF CONGRESS.—It is the intent of Con7 gress that funding provided to Federal agencies and 

8 States pursuant to this title supplement, and not replace, 

9 existing sources of funding for wildlife conservation. 

10 TITLE II—STATE AND TRIBAL 

11 WILDLIFE GRANTS PROGRAM 

12 SEC. 201. STATE AND TRIBAL WILDLIFE GRANTS PROGRAM. 

13 (a) AUTHORIZATION OF PROGRAM.—There is author14 ized to be established a State and Tribal Wildlife Grants 

15 Program to be administered by the Secretary of the Inte16 rior and to provide wildlife conservation grants to States 

17 and to the District of Columbia, Puerto Rico, Guam, the 

18 United States Virgin Islands, the Northern Mariana Is19 lands, American Samoa, and federally recognized Indian 

20 tribes for the planning, development, and implementation 

21 of programs for the benefit of wildlife and their habitat, 

22 including species that are not hunted or fished. 

23 (b) ALLOCATION OF FUNDS.— 

24 (1) IN GENERAL.—Of the amounts made avail25 able to carry out this section for each fiscal year— 


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1 (A) 10 percent shall be for a competitive 

2 grant program for Indian tribes that are not 

3 subject to the remaining provisions of this sec4 tion; 

5 (B) of the amounts remaining after the ap6 plication of subparagraph (A), and after the de7 duction of the Secretary’s administrative ex8 penses to carry out this section— 

9 (i) not more than one-half of 1 per10 cent shall be allocated to each of the Dis11 trict of Columbia and to the Common12 wealth of Puerto Rico; and 

13 (ii) not more than one-fourth of 1 per14 cent shall be allocated to each of Guam, 

15 American Samoa, the United States Virgin 

16 Islands, and the Commonwealth of the 

17 Northern Mariana Islands; 

18 (C) of the amount remaining after the ap19 plication of subparagraphs (B) and (C), the 

20 Secretary shall apportion among the States— 

21 (i) one-third based on the ratio that 

22 the land area of each State bears to the 

23 total land area of all States; and 


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1 (ii) two-thirds based on the ratio that 

2 the population of each State bears to the 

3 total population of all States. 

4 (2) ADJUSTMENTS.—The amounts apportioned 

5 under subparagraph (C) of paragraph (1) for a fis6 cal year shall be adjusted equitably so that no State 

7 is apportioned under such subparagraph a sum that 

8 is— 

9 (A) less than 1 percent of the amount 

10 available for apportionment under that subpara11 graph that fiscal year; or 

12 (B) more than 5 percent of such amount. 

13 (c) COST SHARING.— 

14 (1) PLAN DEVELOPMENT GRANTS.—The Fed15 eral share of the costs of developing a comprehensive 

16 wildlife conservation plan shall not exceed 75 per17 cent of the total costs of developing such plan. 

18 (2) PLAN IMPLEMENTATION GRANTS.—The 

19 Federal share of the costs of implementing an activ20 ity in an approved comprehensive wildlife conserva21 tion plan carried out with a grant under this section 

22 shall not exceed 50 percent of the total costs of such 

23 activities. 

24 (3) PROHIBITION ON USE OF FEDERAL

25 FUNDS.—The non-Federal share of costs of an activVerDate Aug 31 2005 01:29 May 18, 2007 Jkt 059200 PO 00000 Frm 00014 Fmt 6652 Sfmt 6201 E:\BILLS\H2338.IH H2338

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1 ity carried out under this section shall not be paid 

2 with amounts derived from any Federal grant pro3 gram. 

4 (d) REQUIREMENT FOR PLAN.— 

5 (1) IN GENERAL.—No State, territory, or other 

6 jurisdiction shall be eligible for a grant under this 

7 section unless it submits to the Secretary a com8 prehensive wildlife conservation plan that— 

9 (A) complies with paragraph (2); and 

10 (B) considers the broad range of the State, 

11 territory, or other jurisdiction’s wildlife and as12 sociated habitats, with appropriate priority 

13 placed on those species with the greatest con14 servation need and taking into consideration the 

15 relative level of funding available for the con16 servation of those species. 

17 (2) CONTENTS.—The comprehensive wildlife 

18 conservation plan must contain— 

19 (A) information on the distribution and 

20 abundance of species of wildlife, including low 

21 and declining populations as the State , terri22 tory, or other jurisdiction’s fish and wildlife 

23 agency considers appropriate, that are indic24 ative of the diversity and health of the jurisdic25 tion’s wildlife; 


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1 (B) the location and relative condition of 

2 key habitats and community types essential to 

3 conservation of species identified in subpara4 graph (A); 

5 (C) descriptions of problems which may 

6 adversely affect species identified in subpara7 graph (A) or their habitats, and priority re8 search and survey efforts needed to identify fac9 tors that may assist in restoration and im10 proved conservation of these species and habi11 tats; 

12 (D) descriptions of conservation actions 

13 proposed to conserve the identified species and 

14 habitats and priorities for implementing such 

15 actions; 

16 (E) proposed plans for monitoring species 

17 identified in subparagraph (A) and their habi18 tats, for monitoring the effectiveness of the con19 servation actions proposed in subparagraph 

20 (D), and for adapting these conservation ac21 tions to respond appropriately to new informa22 tion or changing conditions; 

23 (F) descriptions of procedures to review 

24 the comprehensive wildlife conservation plan at 

25 intervals not to exceed ten years; 


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1 (G) plans for coordinating the develop2 ment, implementation, review, and revision of 

3 the comprehensive wildlife conservation plan 

4 with Federal, State, and local agencies and In5 dian tribes that manage significant land and 

6 water areas within the jurisdiction or admin7 ister programs that significantly affect the con8 servation of identified species and habitats; and 

9 (H) provisions for broad public participa10 tion as an essential element of the development, 

11 revision, and implementation of the comprehen12 sive wildlife conservation plan. 

13 (e) AUTHORIZATION OF APPROPRIATIONS.—There 

14 are authorized to be appropriated such sums as are nec15 essary to carry out this section. 

Æ 


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