I 

111TH CONGRESS 

1ST SESSION H. R. 2192 

To establish an integrated Federal program to protect, restore, and conserve 

the Nation’s natural resources in response to the threats of climate 

change and ocean acidification. 

IN THE HOUSE OF REPRESENTATIVES 

APRIL 30, 2009 

Mr. GRIJALVA (for himself, Mr. RAHALL, Mr. DINGELL, Mr. DICKS, Mr. 

GEORGE MILLER of California, Mr. PALLONE, Mrs. CAPPS, Mr. HOLT, 

Mr. THOMPSON of California, and Ms. BORDALLO) introduced the following bill; which was referred to the Committee on Natural Resources, 

and in addition to the Committees on Agriculture and Science and Technology, 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 an integrated Federal program to protect, restore, and conserve the Nation’s natural resources in 

response to the threats of climate change and ocean 

acidification. 

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 ‘‘Climate Change Safe5 guards for Natural Resources Conservation Act’’. 


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1 SEC. 2. PURPOSES. 

2 The purposes of this Act are to— 

3 (1) establish an integrated Federal program to 

4 protect, restore, and conserve the Nation’s natural 

5 resources in response to the threats of climate 

6 change and ocean acidification; and 

7 (2) provide financial support and incentives for 

8 programs, strategies, and activities that protect, re9 store, and conserve the Nation’s natural resources in 

10 response to the threats of climate change and ocean 

11 acidification. 

12 SEC. 3. NATURAL RESOURCES CLIMATE CHANGE ADAPTA13 TION POLICY. 

14 It is the policy of the Federal Government, in co15 operation with State and local governments, Indian tribes, 

16 and other interested stakeholders to use all practicable 

17 means and measures to protect, restore, and conserve nat18 ural resources to enable them to become more resilient, 

19 adapt to, and withstand the impacts of climate change and 

20 ocean acidification. 

21 SEC. 4. DEFINITIONS. 

22 In this Act: 

23 (1) COASTAL STATE.—The term ‘‘coastal 

24 State’’ has the meaning given the term in section 

25 304 of the Coastal Zone Management Act of 1972 

26 (16 U.S.C. 1453). 


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1 (2) CORRIDORS.—The term ‘‘corridors’’ means 

2 areas that provide connectivity, over different time 

3 scales (including seasonal or longer), of habitat or 

4 potential habitat and that facilitate the ability of ter5 restrial, marine, estuarine, and freshwater fish, wild6 life, or plants to move within a landscape as needed 

7 for migration, gene flow, or dispersal, or in response 

8 to the impacts of climate change and ocean acidifica9 tion or other impacts. 

10 (3) ECOLOGICAL PROCESSES.—The term ‘‘eco11 logical processes’’ means biological, chemical, or 

12 physical interaction between the biotic and abiotic 

13 components of an ecosystem and includes— 

14 (A) nutrient cycling; 

15 (B) pollination; 

16 (C) predator-prey relationships; 

17 (D) soil formation; 

18 (E) gene flow; 

19 (F) disease epizootiology; 

20 (G) larval dispersal and settlement; 

21 (H) hydrological cycling; 

22 (I) decomposition; and 

23 (J) disturbance regimes such as fire and 

24 flooding. 


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1 (4) HABITAT.—The term ‘‘habitat’’ means the 

2 physical, chemical, and biological properties that are 

3 used by fish, wildlife, or plants for growth, reproduc4 tion, survival, food, water, and cover, on a tract of 

5 land, in a body of water, or in an area or region. 

6 (5) INDIAN TRIBE.—The term ‘‘Indian tribe’’ 

7 has the meaning given the term in section 4 of the 

8 Indian Self-Determination and Education Assistance 

9 Act (25 U.S.C. 450b). 

10 (6) NATURAL RESOURCES.—The term ‘‘natural 

11 resources’’ means the terrestrial, freshwater, estua12 rine, and marine fish, wildlife, plants, land, water, 

13 habitats, and ecosystems of the United States. 

14 (7) NATURAL RESOURCES ADAPTATION.—The 

15 term ‘‘natural resources adaptation’’ means the pro16 tection, restoration, and conservation of natural re17 sources to enable them to become more resilient, 

18 adapt to, and withstand the impacts of climate 

19 change and ocean acidification. 

20 (8) RESILIENCE.—Each of the terms ‘‘resil21 ience’’ and ‘‘resilient’’ means the ability to resist or 

22 recover from disturbance and preserve diversity, pro23 ductivity, and sustainability. 

24 (9) STATE.—The term ‘‘State’’ means— 

25 (A) a State of the United States; 


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1 (B) the District of Columbia; and 

2 (C) the Commonwealth of Puerto Rico, 

3 Guam, the United States Virgin Islands, the 

4 Northern Mariana Islands, and American 

5 Samoa. 

6 SEC. 5. COUNCIL ON ENVIRONMENTAL QUALITY. 

7 The Chair of the Council on Environmental Quality 

8 shall— 

9 (1) advise the President on implementation and 

10 development of— 

11 (A) a Natural Resources Climate Change 

12 Adaptation Strategy required under section 7; 

13 and 

14 (B) Federal natural resource agency adap15 tation plans required under section 9; 

16 (2) serve as the Chair of the Natural Resources 

17 Climate Change Adaptation Panel established under 

18 section 6; and 

19 (3) coordinate Federal agency strategies, plans, 

20 programs, and activities related to protecting, restor21 ing, and maintaining natural resources to become 

22 more resilient, adapt to, and withstand the impacts 

23 of climate change and ocean acidification. 


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1 SEC. 6. NATURAL RESOURCES CLIMATE CHANGE ADAPTA2 TION PANEL. 

3 (a) ESTABLISHMENT.—Not later than 90 days after 

4 the date of the enactment of this Act, the President shall 

5 establish a Natural Resources Climate Change Adaptation 

6 Panel, consisting of— 

7 (1) the head, or their designee, of each of— 

8 (A) the National Oceanic and Atmospheric 

9 Administration; 

10 (B) the Forest Service; 

11 (C) the National Park Service; 

12 (D) the United States Fish and Wildlife 

13 Service; 

14 (E) the Bureau of Land Management; 

15 (F) the United States Geological Survey; 

16 (G) the Bureau of Reclamation; and 

17 (H) the Bureau of Indian Affairs; 

18 (2) the Chair of the Council on Environmental 

19 Quality; and 

20 (3) the heads of such other Federal agencies or 

21 departments with jurisdiction over natural resources 

22 of the United States, as determined by the Presi23 dent. 

24 (b) FUNCTIONS.—The Panel shall serve as a forum 

25 for interagency consultation on and the coordination of the 

26 development and implementation of a national Natural 


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1 Resources Climate Change Adaptation Strategy required 

2 under section 7. 

3 (c) CHAIR.—The Chair of the Council on Environ4 mental Quality shall serve as the Chair of the Panel. 

5 SEC. 7. NATURAL RESOURCES CLIMATE CHANGE ADAPTA6 TION STRATEGY. 

7 (a) IN GENERAL.—Not later than one year after the 

8 date of the enactment of this Act, the President, through 

9 the Natural Resources Climate Change Adaptation Panel 

10 established under section 6, shall develop a Natural Re11 sources Climate Change Adaptation Strategy to protect, 

12 restore, and conserve natural resources to enable them to 

13 become more resilient, adapt to, and withstand the im14 pacts of climate change and ocean acidification and to 

15 identify opportunities to mitigate those impacts. 

16 (b) DEVELOPMENT AND REVISION.—In developing 

17 and revising the Strategy, the Panel shall— 

18 (1) base the strategy on the best available 

19 science; 

20 (2) develop the strategy in close cooperation 

21 with States and Indian tribes; 

22 (3) coordinate with other Federal agencies as 

23 appropriate; 


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1 (4) consult with local governments, conservation 

2 organizations, scientists, and other interested stake3 holders; 

4 (5) provide public notice and opportunity for 

5 comment; and 

6 (6) review and revise the Strategy every 5 years 

7 to incorporate new information regarding the im8 pacts of climate change and ocean acidification on 

9 natural resources and advances in the development 

10 of strategies for becoming more resilient and adapt11 ing to those impacts. 

12 (c) CONTENTS.—The National Resources Adaptation 

13 Strategy shall include— 

14 (1) an assessment of the vulnerability of nat15 ural resources to climate change and ocean acidifica16 tion, including the short-term, medium-term, long17 term, cumulative, and synergistic impacts; 

18 (2) a description of current research, observa19 tion, and monitoring activities at the Federal, State, 

20 tribal, and local level related to the impacts of cli21 mate change and ocean acidification on natural re22 sources, as well as identification of research and 

23 data needs and priorities; 

24 (3) identification of natural resources that are 

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1 toration, and conservation because of the adverse ef2 fects of climate change and ocean acidification; 

3 (4) specific protocols for integrating climate 

4 change and ocean acidification adaptation strategies 

5 and activities into the conservation and management 

6 of natural resources by Federal departments and 

7 agencies to ensure consistency across agency juris8 dictions and resources; 

9 (5) specific actions that Federal departments 

10 and agencies shall take to protect, conserve, and re11 store natural resources to become more resilient, 

12 adapt to, and withstand the impacts of climate 

13 change and ocean acidification, including a timeline 

14 to implement those actions; 

15 (6) specific mechanisms for ensuring commu16 nication and coordination among Federal depart17 ments and agencies, and between Federal depart18 ments and agencies and State natural resource agen19 cies, United States territories, Indian tribes, private 

20 landowners, conservation organizations, and other 

21 nations that share jurisdiction over natural resources 

22 with the United States; 

23 (7) specific actions to develop and implement 

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1 toring protocols through interagency coordination 

2 and collaboration; and 

3 (8) a process for guiding the development of de4 tailed agency- and department-specific adaptation 

5 plans required under section 9 to address the im6 pacts of climate change and ocean acidification on 

7 the natural resources in the jurisdiction of each 

8 agency. 

9 (d) IMPLEMENTATION.—Consistent with its authori10 ties under other laws and with Federal trust responsibil11 ities with respect to Indian lands, each Federal depart12 ment or agency with representation on the National Re13 sources Climate Change Adaptation Panel shall consider 

14 the impacts of climate change and ocean acidification and 

15 integrate the elements of the strategy into agency plans, 

16 environmental reviews, programs, and activities related to 

17 the conservation, restoration, and management of natural 

18 resources. 

19 SEC. 8. NATURAL RESOURCES ADAPTATION SCIENCE AND 

20 INFORMATION. 

21 (a) COORDINATION.—Not later than 90 days after 

22 the date of the enactment of this Act, the Secretary of 

23 Commerce, acting through the Administrator of the Na24 tional Oceanic and Atmospheric Administration, and the 

25 Secretary of the Interior, acting through the Director of 


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1 the United States Geological Survey, shall establish a co2 ordinated process for developing and providing science and 

3 information needed to assess and address the impacts of 

4 climate change and ocean acidification on natural re5 sources. The process shall be led by the National Climate 

6 Change and Wildlife Science Center established within the 

7 United States Geological Survey under subsection (d) and 

8 the National Climate Service of the National Oceanic and 

9 Atmospheric Administration. 

10 (b) FUNCTIONS.—The Secretaries shall ensure that 

11 such process avoids duplication and that the National Oce12 anic and Atmospheric Administration and the United 

13 States Geological Survey shall— 

14 (1) provide technical assistance to Federal de15 partments and agencies, State and local govern16 ments, Indian tribes, and interested private land17 owners in their efforts to assess and address the im18 pacts of climate change and ocean acidification on 

19 natural resources; 

20 (2) conduct and sponsor research and provide 

21 Federal departments and agencies, State and local 

22 governments, Indian tribes, and interested private 

23 landowners with research products, decision and 

24 monitoring tools and information, to develop strate25 gies for assisting natural resources to become more 


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1 resilient, adapt to, and withstand the impacts of cli2 mate change and ocean acidification; and 

3 (3) assist Federal departments and agencies in 

4 the development of the adaptation plans required 

5 under section 9. 

6 (c) SURVEY.—Not later than one year after the date 

7 of enactment of this Act and every 5 years thereafter, the 

8 Secretary of Commerce and the Secretary of the Interior 

9 shall undertake a climate change and ocean acidification 

10 impact survey that— 

11 (1) identifies natural resources considered likely 

12 to be adversely affected by climate change and ocean 

13 acidification; 

14 (2) includes baseline monitoring and ongoing 

15 trend analysis; 

16 (3) uses a stakeholder process to identify and 

17 prioritize needed monitoring and research that is of 

18 greatest relevance to the ongoing needs of natural 

19 resource managers to address the impacts of climate 

20 change and ocean acidification; and 

21 (4) identifies decision tools necessary to develop 

22 strategies for assisting natural resources to become 

23 more resilient and adapt to and withstand the im24 pacts of climate change and ocean acidification. 


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1 (d) NATIONAL CLIMATE CHANGE AND WILDLIFE

2 SCIENCE CENTER.— 

3 (1) ESTABLISHMENT.—The Secretary of the In4 terior shall establish the National Climate Change 

5 and Wildlife Science Center within the United States 

6 Geological Survey. 

7 (2) FUNCTIONS.—The Center shall, in collabo8 ration with Federal and State natural resources 

9 agencies and departments, Indian tribes, univer10 sities, and other partner organizations— 

11 (A) assess and synthesize current physical 

12 and biological knowledge and prioritize sci13 entific gaps in such knowledge in order to fore14 cast the ecological impacts of climate change on 

15 fish and wildlife at the ecosystem, habitat, com16 munity, population, and species levels; 

17 (B) develop and improve tools to identify, 

18 evaluate, and, where appropriate, link scientific 

19 approaches and models for forecasting the im20 pacts of climate change and adaptation on fish, 

21 wildlife, plants, and their habitats, including 

22 monitoring, predictive models, vulnerability 

23 analyses, risk assessments, and decision support 

24 systems to help managers make informed deci25 sions; 


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1 (C) develop and evaluate tools to adapt2 ively manage and monitor the effects of climate 

3 change on fish and wildlife at national, regional, 

4 and local scales; and 

5 (D) develop capacities for sharing stand6 ardized data and the synthesis of such data. 

7 (e) SCIENCE ADVISORY BOARD.— 

8 (1) ESTABLISHMENT.—Not later than 180 days 

9 after the date of enactment of this Act, the Sec10 retary of Commerce and the Secretary of the Inte11 rior shall establish and appoint the members of a 

12 Science Advisory Board, to be comprised of not 

13 fewer than 10 and not more than 20 members— 

14 (A) who have expertise in fish, wildlife, 

15 plant, aquatic, and coastal and marine biology, 

16 ecology, climate change, ocean acidification, and 

17 other relevant scientific disciplines; 

18 (B) who represent a balanced membership 

19 among Federal, State, Indian tribes, and local 

20 representatives, universities, and conservation 

21 organizations; and 

(C) at least 1 22 ⁄2 of whom are recommended 

23 by the President of the National Academy of 

24 Sciences. 


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1 (2) DUTIES.—The Science Advisory Board 

2 shall— 

3 (A) advise the Secretaries on the state-of4 the-science regarding the impacts of climate 

5 change and ocean acidification on natural re6 sources and scientific strategies and mecha7 nisms for protecting, restoring, and conserving 

8 natural resources to enable them to become 

9 more resilient, adapt to, and withstand the im10 pacts of climate change and ocean acidification; 

11 and 

12 (B) identify and recommend priorities for 

13 ongoing research needs on such issues. 

14 (3) COLLABORATION.—The Science Advisory 

15 Board shall collaborate with other climate change 

16 and ecosystem research entities in other Federal 

17 agencies and departments. 

18 (4) AVAILABILITY TO THE PUBLIC.—The advice 

19 and recommendations of the Science Advisory Board 

20 shall be made available to the public. 

21 SEC. 9. FEDERAL NATURAL RESOURCE AGENCY ADAPTA22 TION PLANS. 

23 (a) DEVELOPMENT.—Not later than 1 year after the 

24 date of the development of a Natural Resources Climate 

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1 ment or agency that has a representative on the Natural 

2 Resources Climate Change Adaptation Panel established 

3 under section 6 shall— 

4 (1) complete an adaptation plan for that de5 partment or agency, respectively, implementing the 

6 Natural Resources Climate Change Adaptation 

7 Strategy under section 7 and consistent with the 

8 Natural Resources Climate Change Adaptation Pol9 icy under section 3, detailing the department’s or 

10 agency’s current and projected efforts to address the 

11 potential impacts of climate change and ocean acidi12 fication on natural resources within the depart13 ment’s or agency’s jurisdiction and necessary addi14 tional actions, including a timeline for implementa15 tion of those actions; 

16 (2) provide opportunities for review and com17 ment on that adaptation plan by the public, includ18 ing in the case of a plan by the Bureau of Indian 

19 Affairs, review by Indian tribes; and 

20 (3) submit such plan to the President for ap21 proval. 

22 (b) REVIEW BY PRESIDENT AND SUBMISSION TO

23 CONGRESS.— 

24 (1) REVIEW BY PRESIDENT.—The President 

25 shall— 


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1 (A) approve an adaptation plan submitted 

2 under subsection (a)(3) if the plan meets the 

3 requirements of subsection (c) and is consistent 

4 with the strategy developed under section 7; 

5 (B) decide whether to approve the plan 

6 within 60 days after submission; and 

7 (C) if the President disapproves a plan, di8 rect the department or agency to submit a re9 vised plan to the President under subsection 

10 (a)(3) within 60 days after such disapproval. 

11 (2) SUBMISSION TO CONGRESS.—Not later than 

12 30 days after the date of approval of such adapta13 tion plan by the President, the department or agen14 cy shall submit the approved plan to the Committee 

15 on Natural Resources of the House of Representa16 tives, the Committee on Energy and Natural Re17 sources of the Senate, and the committees of the 

18 House of Representatives and the Senate with prin19 cipal jurisdiction over the department or agency. 

20 (c) REQUIREMENTS.—Each adaptation plan shall— 

21 (1) establish programs for assessing the current 

22 and future impacts of climate change and ocean 

23 acidification on natural resources within the depart24 ment’s or agency’s, respectively, jurisdiction, includ25 ing cumulative and synergistic effects, and for idenVerDate Nov 24 2008 02:41 May 02, 2009 Jkt 079200 PO 00000 Frm 00017 Fmt 6652 Sfmt 6201 E:\BILLS\H2192.IH H2192

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1 tifying and monitoring those natural resources that 

2 are likely to be adversely affected and that have 

3 need for conservation; 

4 (2) identify and prioritize the department’s or 

5 agency’s strategies and specific conservation actions 

6 to address the current and future impacts of climate 

7 change and ocean acidification on natural resources 

8 within the scope of the department’s or agency’s ju9 risdiction and to develop and implement strategies to 

10 protect, restore, and conserve such resources to be11 come more resilient, adapt to, and better withstand 

12 those impacts, including— 

13 (A) the protection, restoration, and con14 servation of terrestrial, marine, estuarine, and 

15 freshwater habitats and ecosystems; 

16 (B) the establishment of terrestrial, ma17 rine, estuarine, and freshwater habitat linkages 

18 and corridors; 

19 (C) the restoration and conservation of ec20 ological processes; 

21 (D) the protection of a broad diversity of 

22 native species of fish, wildlife, and plant popu23 lations across their range; and 

24 (E) the protection of fish, wildlife, and 

25 plant health, recognizing that climate can alter 


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1 the distribution and ecology of parasites, patho2 gens, and vectors; 

3 (3) describe how the department or agency will 

4 integrate such strategies and conservation activities 

5 into plans, programs, activities, and actions of the 

6 department or agency, related to the conservation 

7 and management of natural resources and establish 

8 new plans, programs, activities, and actions as nec9 essary; 

10 (4) establish methods for assessing the effec11 tiveness of strategies and conservation actions taken 

12 to protect, restore, and conserve natural resources to 

13 enable them to become more resilient, adapt to, and 

14 withstand the impacts of climate change and ocean 

15 acidification, and for updating those strategies and 

16 actions to respond to new information and changing 

17 conditions; 

18 (5) include a description of current and pro19 posed mechanisms to enhance cooperation and co20 ordination of natural resources adaptation efforts 

21 with other Federal agencies, State and local govern22 ments, Indian tribes, and nongovernmental stake23 holders; 

24 (6) include specific written guidance to resource 

25 managers to— 


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1 (A) explain how managers are expected to 

2 address the effects of climate change and ocean 

3 acidification; 

4 (B) identify how managers are to obtain 

5 any site-specific information that may be nec6 essary; and 

7 (C) reflect best practices shared among rel8 evant agencies, while also recognizing the 

9 unique missions, objectives, and responsibilities 

10 of each agency; and 

11 (7) identify and assess data and information 

12 gaps necessary to develop natural resources adapta13 tion plans and strategies. 

14 (d) IMPLEMENTATION.— 

15 (1) IN GENERAL.—Upon approval by the Presi16 dent, each department or agency that serves on the 

17 Natural Resources Climate Change Adaptation 

18 Panel shall implement its adaptation plan through 

19 existing and new plans, policies, programs, activities, 

20 and actions to the extent not inconsistent with exist21 ing authority. 

22 (2) CONSIDERATION OF IMPACTS.— 

23 (A) IN GENERAL.—To the maximum ex24 tent practicable and consistent with applicable 

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1 sion made by the department or agency shall 

2 consider the impacts of climate change and 

3 ocean acidification on those natural resources. 

4 (B) GUIDANCE.—The Council on Environ5 mental Quality shall issue guidance for Federal 

6 departments and agencies for considering those 

7 impacts. 

8 (e) REVISION AND REVIEW.—Not less than every 5 

9 years, each adaptation plan under this section shall be re10 viewed and revised to incorporate the best available science 

11 and other information regarding the impacts of climate 

12 change and ocean acidification on natural resources. 

13 SEC. 10. STATE NATURAL RESOURCES ADAPTATION PLANS. 

14 (a) REQUIREMENT.—In order to be eligible for funds 

15 under section 11, not later than 1 year after the develop16 ment of a Natural Resources Climate Change Adaptation 

17 Strategy required under section 7 each State shall prepare 

18 a State natural resources adaptation plan detailing the 

19 State’s current and projected efforts to address the poten20 tial impacts of climate change and ocean acidification on 

21 natural resources and coastal areas within the State’s ju22 risdiction. 

23 (b) REVIEW OR APPROVAL.— 

24 (1) IN GENERAL.—Each State adaptation plan 

25 shall be reviewed and approved or disapproved by 


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1 the Secretary of the Interior and, as applicable, the 

2 Secretary of Commerce. Such approval shall be 

3 granted if the plan meets the requirements of sub4 section (c) and is consistent with the Natural Re5 sources Climate Change Adaptation Strategy re6 quired under section 7. 

7 (2) APPROVAL OR DISAPPROVAL.—Within 180 

8 days after transmittal of such a plan, or a revision 

9 to such a plan, the Secretary of the Interior and, as 

10 applicable, the Secretary of Commerce shall approve 

11 or disapprove the plan by written notice. 

12 (3) RESUBMITTAL.—Within 90 days after 

13 transmittal of a resubmitted adaptation plan as a re14 sult of disapproval under paragraph (3), the Sec15 retary of the Interior and, as applicable, the Sec16 retary of Commerce, shall approve or disapprove the 

17 plan by written notice. 

18 (c) CONTENTS.—A State natural resources adapta19 tion plan shall— 

20 (1) include a strategy for addressing the im21 pacts of climate change and ocean acidification on 

22 terrestrial, marine, estuarine, and freshwater fish, 

23 wildlife, plants, habitats, ecosystems, wildlife health, 

24 and ecological processes, that— 


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1 (A) describes the impacts of climate 

2 change and ocean acidification on the diversity 

3 and health of the fish, wildlife and plant popu4 lations, habitats, ecosystems, and associated ec5 ological processes; 

6 (B) establishes programs for monitoring 

7 the impacts of climate change and ocean acidifi8 cation on fish, wildlife, and plant populations, 

9 habitats, ecosystems, and associated ecological 

10 processes; 

11 (C) describes and prioritizes proposed con12 servation actions to assist fish, wildlife, plant 

13 populations, habitats, ecosystems, and associ14 ated ecological processes in becoming more re15 silient, adapting to, and better withstanding 

16 those impacts; 

17 (D) includes strategies, specific conserva18 tion actions, and a time frame for implementing 

19 conservation actions for fish, wildlife, and plant 

20 populations, habitats, ecosystems, and associ21 ated ecological processes; 

22 (E) establishes methods for assessing the 

23 effectiveness of strategies and conservation ac24 tions taken to assist fish, wildlife, and plant 

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1 ated ecological processes in becoming more re2 silient, adapt to, and better withstand the im3 pacts of climate changes and ocean acidification 

4 and for updating those strategies and actions to 

5 respond appropriately to new information or 

6 changing conditions; 

7 (F) is incorporated into a revision of the 

8 State wildlife action plan (also known as the 

9 State comprehensive wildlife strategy)— 

10 (i) that has been submitted to the 

11 United States Fish and Wildlife Service; 

12 and 

13 (ii) that has been approved by the 

14 Service or on which a decision on approval 

15 is pending; and 

16 (G) is developed— 

17 (i) with the participation of the State 

18 fish and wildlife agency, the State coastal 

19 agency, the State agency responsible for 

20 administration of Land and Water Con21 servation Fund grants, the State Forest 

22 Legacy program coordinator, and other 

23 State agencies considered appropriate by 

24 the Governor of such State; and 


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1 (ii) in coordination with the Secretary 

2 of the Interior, and where applicable, the 

3 Secretary of Commerce and other States 

4 that share jurisdiction over natural re5 sources with the State; and 

6 (2) include, in the case of a coastal State, a 

7 strategy for addressing the impacts of climate 

8 change and ocean acidification on the coastal zone 

9 that— 

10 (A) identifies natural resources that are 

11 likely to be impacted by climate change and 

12 ocean acidification and describes those impacts; 

13 (B) identifies and prioritizes continuing re14 search and data collection needed to address 

15 those impacts including— 

16 (i) acquisition of high resolution 

17 coastal elevation and nearshore bathymetry 

18 data; 

19 (ii) historic shoreline position maps, 

20 erosion rates, and inventories of shoreline 

21 features and structures; 

22 (iii) measures and models of relative 

23 rates of sea level rise or lake level changes, 

24 including effects on flooding, storm surge, 


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1 inundation, and coastal geological proc2 esses; 

3 (iv) habitat loss, including projected 

4 losses of coastal wetlands and potentials 

5 for inland migration of natural shoreline 

6 habitats; 

7 (v) ocean and coastal species and eco8 system migrations, and changes in species 

9 population dynamics; 

10 (vi) changes in storm frequency, in11 tensity, or rainfall patterns; 

12 (vii) saltwater intrusion into coastal 

13 rivers and aquifers; 

14 (viii) changes in chemical or physical 

15 characteristics of marine and estuarine 

16 systems; 

17 (ix) increased harmful algal blooms; 

18 and 

19 (x) spread of invasive species; 

20 (C) identifies and prioritizes adaptation 

21 strategies to protect, restore, and conserve nat22 ural resources to enable them to become more 

23 resilient, adapt to, and withstand the impacts of 

24 climate change and ocean acidification, includ25 ing— 


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1 (i) protection, maintenance, and res2 toration of ecologically important coastal 

3 lands, coastal and ocean ecosystems, and 

4 species biodiversity and the establishment 

5 of habitat buffer zones, migration cor6 ridors, and climate refugia; and 

7 (ii) improved planning, siting policies, 

8 and hazard mitigation strategies; 

9 (D) establishes programs for the long-term 

10 monitoring of the impacts of climate change 

11 and ocean acidification on the ocean and coastal 

12 zone and to assess and adjust, when necessary, 

13 such adaptive management strategies; 

14 (E) establishes performance measures for 

15 assessing the effectiveness of adaptation strate16 gies intended to improve resilience and the abil17 ity of natural resources in the coastal zone to 

18 adapt to and withstand the impacts of climate 

19 change and ocean acidification and of adapta20 tion strategies intended to minimize those im21 pacts on the coastal zone and to update those 

22 strategies to respond to new information or 

23 changing conditions; and 

24 (F) is developed with the participation of 

25 the State coastal agency and other appropriate 


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1 State agencies and in coordination with the 

2 Secretary of Commerce and other appropriate 

3 Federal agencies. 

4 (d) PUBLIC INPUT.—States shall provide for solicita5 tion and consideration of public and independent scientific 

6 input in the development of their plans. 

7 (e) COORDINATION WITH OTHER PLANS.—The State 

8 plan shall take into consideration research and informa9 tion contained in, and coordinate with and integrate the 

10 goals and measures identified in, as appropriate, other 

11 natural resources conservation strategies, including— 

12 (1) the national fish habitat action plan; 

13 (2) plans under the North American Wetlands 

14 Conservation Act (16 U.S.C. 4401 et seq.); 

15 (3) the Federal, State, and local partnership 

16 known as ‘‘Partners in Flight’’; 

17 (4) federally approved coastal zone management 

18 plans under the Coastal Zone Management Act of 

19 1972 (16 U.S.C. 1451 et seq.); 

20 (5) federally approved regional fishery manage21 ment plants and habitat conservation activities 

22 under the Magnuson-Stevens Fishery Conservation 

23 and Management Act (16 U.S.C. 1801 et seq.); 

24 (6) the national coral reef action plan; 


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1 (7) recovery plans for threatened species and 

2 endangered species under section 4(f) of the Endan3 gered Species Act of 1973 (16 U.S.C. 1533(f)); 

4 (8) habitat conservation plans under section 10 

5 of that Act (16 U.S.C. 1539); 

6 (9) other Federal, State, and tribal plans for 

7 imperiled species; 

8 (10) State or tribal hazard mitigation plans; 

9 (11) State or tribal water management plans; 

10 and 

11 (12) other State-based strategies that com12 prehensively implement adaptation activities to re13 mediate the effects of climate change and ocean 

14 acidification on terrestrial, marine, and freshwater 

15 fish, wildlife, plants, and other natural resources. 

16 (f) UPDATING.—Each State plan shall be updated 

17 not less than every 5 years. 

18 (g) FUNDING.— 

19 (1) IN GENERAL.—Funds allocated to States 

20 under section 11 shall be used only for activities 

21 that are consistent with a State natural resources 

22 adaptation plan that has been approved by the Sec23 retaries of Interior and Commerce. 

24 (2) FUNDING PRIOR TO THE APPROVAL OF A

25 STATE PLAN.—Until the earlier of the date that is 


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1 3 years after the date of the enactment of this Act 

2 or the date on which a State receives approval for 

3 the State strategy, a State shall be eligible to receive 

4 funding under section 11 for adaptation activities 

5 that are— 

6 (A) consistent with the comprehensive 

7 wildlife strategy of the State and, where appro8 priate, other natural resources conservation 

9 strategies; and 

10 (B) in accordance with a workplan devel11 oped in coordination with— 

12 (i) the Secretary of the Interior; and 

13 (ii) the Secretary of Commerce, for 

14 any coastal State subject to the condition 

15 that coordination with the Secretary of 

16 Commerce shall be required only for those 

17 portions of the strategy relating to activi18 ties affecting the coastal zone. 

19 (3) PENDING APPROVAL.—During the period 

20 for which approval by the applicable Secretary of a 

21 State plan is pending, the State may continue receiv22 ing funds under section 11 pursuant to the workplan 

23 described in paragraph (2)(B). 


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1 SEC. 11. NATURAL RESOURCES CLIMATE CHANGE ADAPTA2 TION FUND. 

3 (a) ESTABLISHMENT OF FUND.—There is hereby es4 tablished in the Treasury a separate account that shall 

5 be known as the Natural Resources Climate Change Adap6 tation Account. 

7 (b) AVAILABILITY OF AMOUNTS.—All amounts de8 posited into the Natural Resources Climate Change Adap9 tation Fund shall be available without further appropria10 tion or fiscal year limitation. 

11 (c) ALLOCATIONS.— 

12 (1) STATES.—38.5 percent of the amounts 

13 made available for each fiscal year to carry out this 

14 Act shall be provided to States to carry out natural 

15 resources adaptation activities in accordance with 

16 State natural resources adaptation plans approved 

17 under section 10. Specifically— 

18 (A) 32.5 percent shall be available to State 

19 wildlife agencies in accordance with the appor20 tionment formula established under the second 

21 subsection (c) of section 4 of the Pittman-Rob22 ertson Wildlife Restoration Act (16 U.S.C. 

23 669c), as added by section 902(e) of H.R. 5548 

24 as introduced in the 106th Congress and en25 acted into law by section 1(a)(2) of Public Law 

26 106–553 (114 Stat. 2762A–119); and 


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1 (B) 6 percent shall be available to State 

2 coastal agencies pursuant to the formula estab3 lished by the Secretary of Commerce under sec4 tion 306(c) of the Coastal Management Act of 

5 1972 (16 U.S.C. 1455(c)). 

6 (2) DEPARTMENT OF THE INTERIOR.—Of the 

7 amounts made available for each fiscal year to carry 

8 out this Act— 

9 (A) 17 percent shall be allocated to the 

10 Secretary of the Interior for use in funding— 

11 (i) natural resources adaptation activi12 ties carried out— 

13 (I) under endangered species, mi14 gratory species, and other fish and 

15 wildlife programs administered by the 

16 National Park Service, the United 

17 States Fish and Wildlife Service, the 

18 Bureau of Indian Affairs, and the Bu19 reau of Land Management; 

20 (II) on wildlife refuges, National 

21 Park Service land, and other public 

22 land under the jurisdiction of the 

23 United States Fish and Wildlife Serv24 ice, the Bureau of Land Management, 


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1 the Bureau of Indian Affairs, or the 

2 National Park Service; or 

3 (III) within Federal water man4 aged by the Bureau of Reclamation 

5 and the National Park Service; and 

6 (ii) for the implementation of the Na7 tional Fish and Wildlife Habitat and Cor8 ridors Identification Program pursuant to 

9 section 12; 

10 (B) 5 percent shall be allocated to the Sec11 retary of the Interior for natural resources ad12 aptation activities carried out under cooperative 

13 grant programs, including— 

14 (i) the cooperative endangered species 

15 conservation fund authorized under section 

16 6 of the Endangered Species Act of 1973 

17 (16 U.S.C. 1535); 

18 (ii) programs under the North Amer19 ican Wetlands Conservation Act (16 

20 U.S.C. 4401 et seq.); 

21 (iii) the Neotropical Migratory Bird 

22 Conservation Fund established by section 

23 9(a) of the Neotropical Migratory Bird 

24 Conservation Act (16 U.S.C. 6108(a)); 


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1 (iv) the Coastal Program of the 

2 United States Fish and Wildlife Service; 

3 (v) the National Fish Habitat Action 

4 Plan; 

5 (vi) the Partners for Fish and Wildlife 

6 Program; 

7 (vii) the Landowner Incentive Pro8 gram; 

9 (viii) the Wildlife Without Borders 

10 Program of the United States Fish and 

11 Wildlife Service; and 

12 (ix) the Migratory Species Program 

13 and Park Flight Migratory Bird Program 

14 of the National Park Service; and 

15 (C) 3 percent shall be allocated to the Sec16 retary of the Interior to provide financial assist17 ance to Indian tribes to carry out natural re18 sources adaptation activities through the Tribal 

19 Wildlife Grants Program of the United States 

20 Fish and Wildlife Service. 

21 (3) LAND AND WATER CONSERVATION FUND.— 

22 (A) DEPOSITS.— 

23 (i) IN GENERAL.—Of the amounts 

24 made available for each fiscal year to carry 

25 out this Act, 12 percent shall be deposited 


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1 into the Land and Water Conservation 

2 Fund established under section 2 of the 

3 Land and Water Conservation Fund Act of 

4 1965 (16 U.S.C. 460l–5). 

5 (ii) USE OF DEPOSITS.—Deposits into 

6 the Land and Water Conservation Fund 

7 under this paragraph shall— 

8 (I) be supplemental to authoriza9 tions provided under section 3 of the 

10 Land and Water Conservation Fund 

11 Act of 1965 (16 U.S.C. 460l–6), 

12 which shall remain available for non13 adaptation needs; and 

14 (II) be available for expenditure 

15 to carry out this Act without further 

16 appropriation or fiscal year limitation. 

17 (B) ALLOCATIONS.—Of the amounts de18 posited under this paragraph into the Land and 

19 Water Conservation Fund— 

(i) 1 20 ⁄6 shall be allocated to the Sec21 retary of the Interior and made available 

22 on a competitive basis to carry out natural 

23 resources adaptation activities through the 

24 acquisition of land and interests in land 

25 under section 6 of the Land and Water 


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1 Conservation Fund Act of 1965 (16 U.S.C. 

2 460l–8)— 

3 (I) to States in accordance with 

4 their natural resources adaptation 

5 plans, and to Indian tribes; 

6 (II) notwithstanding section 5 of 

7 that Act (16 U.S.C. 460l–7); and 

8 (III) in addition to any funds 

9 provided pursuant to annual appro10 priations Acts, the Energy Policy Act 

11 of 2005 (42 U.S.C. 15801 et seq.), or 

12 any other authorization for non13 adaptation needs; 

(ii) 1 14 ⁄3 shall be allocated to the Sec15 retary of the Interior to carry out natural 

16 resources adaptation activities through the 

17 acquisition of lands and interests in land 

18 under section 7 of the Land and Water 

19 Conservation Fund Act of 1965 (16 U.S.C. 

20 460l–9); 

(iii) 1 21 ⁄6 shall be allocated to the Sec22 retary of Agriculture and made available to 

23 the States and Indian tribes to carry out 

24 natural resources adaptation activities 

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1 ests in land under section 7 of the Forest 

2 Legacy Program under the Cooperative 

3 Forestry Assistance Act of 1978 (16 

4 U.S.C. 2103c); and 

(iv) 1 5 ⁄3 shall be allocated to the Sec6 retary of Agriculture to carry out natural 

7 resources adaptation activities through the 

8 acquisition of land and interests in land 

9 under section 7 of the Land and Water 

10 Conservation Fund Act of 1965 (16 U.S.C. 

11 460l–9). 

12 (C) EXPENDITURE OF FUNDS.—In allo13 cating funds under subparagraph (B), the Sec14 retary of the Interior and the Secretary of Agri15 culture shall take into consideration factors in16 cluding— 

17 (i) the availability of non-Federal con18 tributions from State, local, or private 

19 sources; 

20 (ii) opportunities to protect fish and 

21 wildlife corridors or otherwise to link or 

22 consolidate fragmented habitats; 

23 (iii) opportunities to reduce the risk of 

24 catastrophic wildfires, drought, extreme 

25 flooding, or other climate-related events 


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1 that are harmful to fish and wildlife and 

2 people; and 

3 (iv) the potential for conservation of 

4 species or habitat types at serious risk due 

5 to climate change, ocean acidification, and 

6 other stressors. 

7 (4) FOREST SERVICE.—Of the amounts made 

8 available for each fiscal year to carry out this Act, 

9 5 percent shall be allocated to the Secretary of Agri10 culture for use in funding natural resources adapta11 tion activities carried out on national forests and na12 tional grasslands under the jurisdiction of the Forest 

13 Service. 

14 (5) DEPARTMENT OF COMMERCE.—Of the 

15 amounts made available for each fiscal year to carry 

16 out this Act, 7 percent shall be allocated to the Sec17 retary of Commerce for use in funding natural re18 sources adaptation activities to protect, maintain, 

19 and restore coastal, estuarine, and marine resources, 

20 habitats, and ecosystems, including such activities 

21 carried out under— 

22 (A) the coastal and estuarine land con23 servation program; 

24 (B) the community-based restoration pro25 gram; 


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1 (C) the Coastal Zone Management Act of 

2 1972 (16 U.S.C. 1451 et seq.), that are specifi3 cally designed to strengthen the ability of coast4 al, estuarine, and marine resources, habitats, 

5 and ecosystems to adapt to and withstand the 

6 impacts of climate change and ocean acidifica7 tion; 

8 (D) the Open Rivers Initiative; 

9 (E) the Magnuson-Stevens Fishery Con10 servation and Management Act (16 U.S.C. 

11 1801 et seq.); 

12 (F) the Marine Mammal Protection Act of 

13 1972 (16 U.S.C. 1361 et seq.); 

14 (G) the Endangered Species Act of 1973 

15 (16 U.S.C. 1531 et seq.); 

16 (H) the Marine Protection, Research, and 

17 Sanctuaries Act of 1972 (33 U.S.C. 1401 et 

18 seq.); 

19 (I) the Coral Reef Conservation Act of 

20 2000 (16 U.S.C. 6401 et seq.); and 

21 (J) the Estuary Restoration Act of 2000 

22 (33 U.S.C. 2901 et seq.). 

23 (6) OTHER FEDERAL AGENCIES.—Of the 

24 amount made available for each fiscal year to carry 

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1 eral departments and agencies to which funds are 

2 not otherwise allocated by this subsection and that 

3 have with jurisdiction over natural resources, for use 

4 in funding natural resources adaptation activities. 

5 (d) USE OF FUNDS BY FEDERAL DEPARTMENTS AND

6 AGENCIES.—Funds allocated to Federal departments and 

7 agencies under this section shall only be used for natural 

8 resources adaptation activities that are consistent with an 

9 adaptation plan developed and approved by the President 

10 under section 9. 

11 (e) STATE COST SHARING.—Notwithstanding any 

12 other provision of law, a State that receives a grant with 

13 amounts allocated under this section shall use funds from 

14 non-Federal sources to pay 10 percent of the costs of each 

15 activity carried out using amounts provided under the 

16 grant. 

17 SEC. 12. NATIONAL WILDLIFE HABITAT AND CORRIDORS 

18 INFORMATION PROGRAM. 

19 (a) ESTABLISHMENT.—Within 6 months of the date 

20 of enactment of this Act, the Secretary of the Interior, 

21 in cooperation with the States and Indian tribes, shall es22 tablish a National Fish and Wildlife Habitat and Cor23 ridors Information Program in accordance with the re24 quirements of this section. 

25 (b) PURPOSE.—The purpose of this program is to— 


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1 (1) support States and Indian tribes in the de2 velopment of a geographic information system data3 base of fish and wildlife habitat and corridors that 

4 would inform planning and development decisions 

5 within each State, enable each State to model cli6 mate impacts and adaptation, and provide geo7 graphically specific enhancements of State wildlife 

8 action plans; 

9 (2) ensure the collaborative development, with 

10 the States and Indian tribes, of a comprehensive, 

11 national geographic information system database of 

12 maps, models, data, surveys, informational products, 

13 and other geospatial information regarding fish and 

14 wildlife habitat and corridors, that— 

15 (A) is based on consistent protocols for 

16 sampling and mapping across landscapes that 

17 take into account regional differences; and 

18 (B) that utilizes— 

19 (i) existing and planned State- and 

20 tribal-based geographic information system 

21 databases; and 

22 (ii) existing databases, analytical 

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1 ture maintained by the Secretary and non2 governmental organizations; and 

3 (3) facilitate the use of such databases by Fed4 eral, State, local, and tribal decisionmakers to incor5 porate qualitative information on fish and wildlife 

6 habitat and corridors at the earliest possible stage 

7 to— 

8 (A) prioritize and target natural resources 

9 adaptation strategies and activities; 

10 (B) avoid, minimize, and mitigate the im11 pacts on fish and wildlife habitat and corridors 

12 in siting energy development, water, trans13 mission, transportation, and other land use 

14 projects; 

15 (C) assess the impacts of existing develop16 ment on habitats and corridors; and 

17 (D) develop management strategies to en18 hance the ability of fish, wildlife, and plant spe19 cies to migrate or respond to shifting habitats 

20 within existing habitats and corridors. 

21 (c) HABITAT AND CORRIDORS INFORMATION SYS22 TEM.— 

23 (1) IN GENERAL.—The Secretary, in coopera24 tion with the States and Indian tribes, shall develop 

25 a Habitat and Corridors Information System. 


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1 (2) CONTENTS.—The System shall— 

2 (A) include maps, data, and descriptions of 

3 fish and wildlife habitat and corridors, that— 

4 (i) have been developed by Federal 

5 agencies, State wildlife agencies and nat6 ural heritage programs, Indian tribes, local 

7 governments, nongovernmental organiza8 tions, and industry; and 

9 (ii) meet accepted Geospatial Inter10 operability Framework data and metadata 

11 protocols and standards; 

12 (B) include maps and descriptions of pro13 jected shifts in habitats and corridors of fish 

14 and wildlife species in response to climate 

15 change; 

16 (C) assure data quality and make the data, 

17 models, and analyses included in the System 

18 available at scales useful to decisionmakers— 

19 (i) to prioritize and target natural re20 sources adaptation strategies and activi21 ties; 

22 (ii) to assess the impacts of proposed 

23 energy development, water, transmission, 

24 transportation, and other land use projects 


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1 and avoid, minimize, and mitigate those 

2 impacts on habitats and corridors; 

3 (iii) to assess the impacts of existing 

4 development on habitats and corridors; and 

5 (iv) to develop management strategies 

6 to enhance the ability of fish, wildlife, and 

7 plant species to migrate or respond to 

8 shifting habitats within existing habitats 

9 and corridors; 

10 (D) establish a process for updating maps 

11 and other information as landscapes, habitats, 

12 corridors, and wildlife populations change or as 

13 other information becomes available; 

14 (E) encourage the development of collabo15 rative plans by Federal and State agencies and 

16 Indian tribes to monitor and evaluate the effi17 cacy of the System to meet the needs of deci18 sionmakers; 

19 (F) identify gaps in habitat and corridor 

20 information, mapping, and research that should 

21 be addressed to fully understand and assess 

22 current data and metadata, and to prioritize re23 search and future data collection activities for 

24 use in updating the System and provide support 

25 for those activities; 


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1 (G) include mechanisms to support collabo2 rative research, mapping, and planning of habi3 tats and corridors by Federal and State agen4 cies, Indian tribes, and other interested stake5 holders; 

6 (H) incorporate biological and geospatial 

7 data on species and corridors found in energy 

8 development and transmission plans, including 

9 renewable energy initiatives, transportation, and 

10 other land use plans; 

11 (I) be based on the best scientific informa12 tion available; and 

13 (J) identify, prioritize, and describe key 

14 parcels of non-Federal land located within the 

15 boundaries of units of the National Park Sys16 tem, National Wildlife Refuge System, National 

17 Forest System, or National Grassland System 

18 that are critical to maintenance of wildlife habi19 tat and migration corridors. 

20 (d) FINANCIAL AND OTHER SUPPORT.—The Sec21 retary may provide support to the States and Indian 

22 tribes, including financial and technical assistance, for ac23 tivities that support the development and implementation 

24 of the System. 


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1 (e) COORDINATION.—The Secretary, in cooperation 

2 with the States and Indian tribes, shall make rec3 ommendations on how the information developed in the 

4 System may be incorporated into existing relevant State 

5 and Federal plans affecting fish and wildlife, including 

6 land management plans, the State Comprehensive Wildlife 

7 Conservation Strategies, and appropriate tribal conserva8 tion plans, to ensure that they— 

9 (1) prevent unnecessary habitat fragmentation 

10 and disruption of corridors; 

11 (2) promote the landscape connectivity nec12 essary to allow wildlife to move as necessary to meet 

13 biological needs, adjust to shifts in habitat, and 

14 adapt to climate change; and 

15 (3) minimize the impacts of energy, develop16 ment, water, transportation, and transmission 

17 projects and other activities expected to impact habi18 tat and corridors. 

19 (f) DEFINITIONS.—In this section: 

20 (1) GEOSPATIAL INTEROPERABILITY FRAME21 WORK.—The term ‘‘Geospatial Interoperability 

22 Framework’’ means the strategy utilized by the Na23 tional Biological Information Infrastructure that is 

24 based upon accepted standards, specifications, and 

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1 ards Organization, the Open Geospatial Consortium, 

2 and the Federal Geographic Data Committee, to 

3 manage, archive, integrate, analyze, and make acces4 sible geospatial and biological data and metadata. 

5 (2) SECRETARY.—The term ‘‘Secretary’’ means 

6 the Secretary of the Interior. 

7 SEC. 13. ADDITIONAL PROVISIONS REGARDING INDIAN 

8 TRIBES. 

9 (a) FEDERAL TRUST RESPONSIBILITY.—Nothing in 

10 this Act is intended to amend, alter, or give priority over 

11 the Federal trust responsibility to Indian tribes. 

12 (b) EXEMPTION FROM FOIA.—If a Federal depart13 ment or agency receives any information related to sacred 

14 sites or cultural activities identified by an Indian tribe as 

15 confidential, such information shall be exempt from disclo16 sure under section 552 of title 5, United States Code, pop17 ularly known as the Freedom of Information Act (5 U.S.C. 

18 552). 

19 (c) APPLICATION OF OTHER LAW.—The Secretary of 

20 the Interior may apply the provisions of Public Law 93– 

21 638 where appropriate in the implementation of this Act. 

Æ 


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