II 

112TH CONGRESS 

1ST SESSION S. 1881 

To establish an integrated Federal program to respond to ongoing and expected impacts of climate variability and change by protecting, restoring, 

and conserving the natural resources of the United States and to maximize government efficiency and reduce costs, in cooperation with State, 

local, and tribal governments and other entities. 

IN THE SENATE OF THE UNITED STATES 

NOVEMBER 16, 2011 

Mr. WHITEHOUSE (for himself and Mr. BAUCUS) introduced the following bill; 

which was read twice and referred to the Committee on Environment and 

Public Works 

A BILL 

To establish an integrated Federal program to respond to 

ongoing and expected impacts of climate variability and 

change by protecting, restoring, and conserving the natural resources of the United States and to maximize 

government efficiency and reduce costs, in cooperation 

with State, local, and tribal governments and other entities. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 


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1 SECTION 1. SHORT TITLE. 

2 This Act may be cited as the ‘‘Safeguarding Amer3 ica’s Future and Environment Act’’ or the ‘‘SAFE Act’’. 

4 SEC. 2. FINDINGS, PURPOSES, AND POLICY. 

5 (a) FINDINGS.—Congress finds that— 

6 (1) natural resources provide significant bene7 fits to the people and economy of the United States, 

8 including— 

9 (A) abundant clean water supplies; 

10 (B) flood and coastal storm protection; 

11 (C) clean air; 

12 (D) a source for food, fiber, medicines, and 

13 for pollination of the crops and other plants of 

14 the United States; 

15 (E) outdoor recreation, which is a source 

16 of jobs and economic stimulus; 

17 (F) hunting and fishing opportunities and 

18 support of subsistence communities; 

19 (G) scientific research and education; and 

20 (H) world-class tourism destinations that 

21 support local economies; 

22 (2) the United States Geological Survey, Na23 tional Oceanic and Atmospheric Administration, Na24 tional Aeronautics and Space Administration, and 

25 other agencies within the United States Global 

26 Change Research Program have observed that the 


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1 natural resources of the United States are facing in2 creasing impacts from climate variability and 

3 change, including— 

4 (A) more frequent and severe droughts and 

5 heatwaves; 

6 (B) more frequent and severe storms and 

7 floods; 

8 (C) more frequent and severe wildfires; 

9 (D) more frequent and severe outbreaks of 

10 forest pests and invasive species; 

11 (E) flooding and erosion of coastal areas 

12 due to rising sea levels; 

13 (F) melting glaciers and sea ice; 

14 (G) thawing permafrost; 

15 (H) shifting fish, wildlife, and plant popu16 lation ranges; 

17 (I) disruptive shifts in the timing of fish, 

18 wildlife, and plant natural history cycles, such 

19 as blooming, breeding, and seasonal migrations; 

20 and 

21 (J) ocean acidification; and 

22 (3) the Federal Government should provide 

23 leadership in preparing for and responding to the 

24 impacts described in paragraph (2) to ensure that 

25 present and future generations continue to receive 


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1 the benefits of the abundant and diverse natural re2 sources of the United States. 

3 (b) PURPOSES.—The purpose of this Act is to estab4 lish an integrated Federal program— 

5 (1) to respond to ongoing and expected impacts 

6 of climate variability and change by protecting, re7 storing, and conserving the natural resources of the 

8 United States; and 

9 (2) to maximize government efficiency and re10 duce costs, in cooperation with State, local, and trib11 al governments and other entities. 

12 (c) NATURAL RESOURCES CLIMATE CHANGE ADAP13 TATION POLICY.—It is the policy of the Federal Govern14 ment, in cooperation with State and local governments, In15 dian tribes, and other interested stakeholders, to use all 

16 practicable means to protect, restore, and conserve natural 

17 resources so that natural resources— 

18 (1) become more resilient, adapt to, and with19 stand the ongoing and expected impacts of climate 

20 variability and change; and 

21 (2) can continue safeguarding the communities 

22 in, and sustaining the economy of, the United 

23 States. 

24 SEC. 3. DEFINITIONS. 

25 In this Act: 


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1 (1) BOARD.—The term ‘‘Board’’ means the 

2 Science Advisory Board established under section 

3 6(b)(1). 

4 (2) CENTER.—The term ‘‘Center’’ means the 

5 National Climate Change and Wildlife Science Cen6 ter established under section 6(a)(1). 

7 (3) CORRIDORS.—The term ‘‘corridors’’ means 

8 areas that— 

9 (A) provide connectivity, over different 

10 time scales, of landscapes, habitats or potential 

11 habitats, and ecological processes; and 

12 (B) facilitate terrestrial, marine, estuarine, 

13 and freshwater fish, wildlife, or plant movement 

14 that is necessary— 

15 (i) for migration, gene flow, or dis16 persal; or 

17 (ii) to respond to the ongoing and ex18 pected impacts of climate change (includ19 ing, where applicable, ocean acidification, 

20 drought, flooding, and wildfire). 

21 (4) ECOLOGICAL PROCESSES.—The term ‘‘eco22 logical processes’’ means biological, chemical, or 

23 physical interaction between the biotic and abiotic 

24 components of an ecosystem, including— 

25 (A) nutrient cycling; 


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1 (B) pollination; 

2 (C) predator-prey relationships; 

3 (D) soil formation; 

4 (E) gene flow; 

5 (F) disease epizootiology; 

6 (G) larval dispersal and settlement; 

7 (H) hydrological cycling; 

8 (I) decomposition; and 

9 (J) disturbance regimes, such as fire and 

10 flooding. 

11 (5) HABITAT.—The term ‘‘habitat’’ means the 

12 physical, chemical, and biological properties that 

13 fish, wildlife, or plants use for growth, reproduction, 

14 survival, food, water, or cover (whether on land, in 

15 water, or in an area or region). 

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

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

18 Indian Self-Determination and Education Assistance 

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

20 (7) NATURAL RESOURCES.—The term ‘‘natural 

21 resources’’ means land, wildlife, fish, air, water, 

22 plants, habitats, and ecosystems of the United 

23 States. 

24 (8) NATURAL RESOURCES ADAPTATION.—The 

25 term ‘‘natural resources adaptation’’ means the proVerDate Mar 15 2010 22:18 Nov 17, 2011 Jkt 019200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6201 E:\BILLS\S1881.IS S1881

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1 tection, restoration, and conservation of natural re2 sources so that natural resources become more resil3 ient, adapt to, and withstand the ongoing and ex4 pected impacts of climate variability and change (in5 cluding, where applicable, ocean acidification, 

6 drought, flooding, and wildfire). 

7 (9) PANEL.—The term ‘‘Panel’’ means the Nat8 ural Resources Climate Change Adaptation Panel es9 tablished under section 4(a). 

10 (10) RESILIENCE; RESILIENT.—The terms ‘‘re11 silience’’ and ‘‘resilient’’, with respect to a natural 

12 resource, mean the ability of the natural resource to 

13 recover from disturbance. 

14 (11) STATE.—The term ‘‘State’’ means— 

15 (A) a State of the United States; 

16 (B) the District of Columbia; 

17 (C) American Samoa; 

18 (D) Guam; 

19 (E) the Commonwealth of the Northern 

20 Mariana Islands; 

21 (F) the Commonwealth of Puerto Rico; 

22 and 

23 (G) the United States Virgin Islands. 


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1 (12) STRATEGY.—The term ‘‘Strategy’’ means 

2 the Natural Resources Climate Change Adaptation 

3 Strategy developed under section 5(a). 

4 SEC. 4. NATURAL RESOURCES CLIMATE CHANGE ADAPTA5 TION PANEL. 

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

7 the date of enactment of this Act, the President shall es8 tablish a Natural Resources Climate Change Adaptation 

9 Panel composed of the heads of Federal agencies or de10 partments with jurisdiction over natural resources of the 

11 United States, including— 

12 (1) the Administrator of the National Oceanic 

13 and Atmospheric Administration; 

14 (2) the Chief of the Forest Service; 

15 (3) the Director of the National Park Service; 

16 (4) the Director of the United States Fish and 

17 Wildlife Service; 

18 (5) the Director of the Bureau of Land Man19 agement; 

20 (6) the Director of the United States Geological 

21 Survey; 

22 (7) the Commissioner of Reclamation; 

23 (8) the Director of the Bureau of Indian Af24 fairs; 


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1 (9) the Administrator of the Environmental 

2 Protection Agency; 

3 (10) the Chief of Engineers; 

4 (11) the Chair of the Council on Environmental 

5 Quality, who shall serve as Chairperson of the Panel; 

6 and 

7 (12) the Administrator of the Federal Emer8 gency Management Agency. 

9 (b) DUTIES.—The Panel shall serve as a forum for 

10 interagency consultation on, and the coordination of, the 

11 development and implementation of the Strategy. 

12 SEC. 5. NATURAL RESOURCES ADAPTATION STRATEGY. 

13 (a) IN GENERAL.—Not later than 1 year after the 

14 date of enactment of this Act, the Panel shall develop a 

15 strategy to protect, restore, and conserve natural re16 sources so that natural resources become more resilient, 

17 adapt to, and withstand the ongoing and expected impacts 

18 of climate variability and change. 

19 (b) REQUIREMENTS.—In developing and revising the 

20 Strategy, the Panel shall— 

21 (1) use the best available science; and 

22 (2) provide public notice and opportunity for 

23 comment from all interested stakeholders. 

24 (c) REVIEW AND REVISION.—Not later than 5 years 

25 after the date on which the Strategy is developed under 


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1 subsection (a), and every 5 years thereafter, the Panel 

2 shall review and revise the Strategy to incorporate— 

3 (1) new information regarding the ongoing and 

4 expected impacts of climate change on natural re5 sources; and 

6 (2) new advances in the development of natural 

7 resources adaptation strategies. 

8 (d) CONTENTS.—The Strategy shall— 

9 (1) assess the vulnerability of natural resources 

10 to climate change, including short-term, medium11 term, long-term, cumulative, and synergistic im12 pacts; 

13 (2) describe current, observation, and moni14 toring activities at the Federal, State, tribal, and 

15 local levels relating to the ongoing and expected im16 pacts of climate change on natural resources; 

17 (3) identify and prioritize research and data 

18 needs; 

19 (4) identify natural resources likely to have the 

20 greatest need for protection, restoration, and con21 servation due to the ongoing and expanding impacts 

22 of climate variability and change; 

23 (5) include specific protocols for integrating 

24 natural resources adaptation strategies and activities 

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1 sources by Federal agencies to ensure consistency 

2 across agency jurisdictions; 

3 (6) identify opportunities for maintaining, re4 storing, or enhancing natural resources to reduce the 

5 risks of climate variability and change on other vul6 nerable sectors of society; 

7 (7) identify Federal policies and actions that 

8 may reduce resilience and increase the vulnerability 

9 of natural resources to climate variability and 

10 change; 

11 (8) include specific actions that Federal agen12 cies shall take to protect, conserve, and restore nat13 ural resources to become more resilient, adapt to, 

14 and withstand the ongoing and expected impacts of 

15 climate change, including a timeline to implement 

16 those actions; 

17 (9) include specific mechanisms for ensuring 

18 communication and coordination— 

19 (A) among Federal agencies; and 

20 (B) between Federal agencies and State 

21 natural resource agencies, territories of the 

22 United States, Indian tribes, private land23 owners, conservation organizations, and other 

24 countries that share jurisdiction over natural 

25 resources with the United States; 


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1 (10) include specific actions to develop and im2 plement coordinated natural resources inventory and 

3 monitoring protocols through interagency coordina4 tion and collaboration with States and local govern5 ments, Indian tribes, and private organizations; and 

6 (11) include procedures for guiding the develop7 ment of detailed agency-specific adaptation plans re8 quired under section 7. 

9 (e) IMPLEMENTATION.— 

10 (1) IN GENERAL.—Consistent with other laws 

11 and Federal trust responsibilities concerning Indian 

12 land, each Federal agency represented on the Panel 

13 shall integrate the elements of the Strategy that re14 late to conservation, restoration, and management of 

15 natural resources into agency plans, environmental 

16 reviews, and programs. 

17 (2) PUBLIC REPORT.—Each agency shall, on an 

18 annual basis, make available to the public a report 

19 documenting the actions of the agency in imple20 menting the Strategy. 

21 (3) COORDINATION.—The Panel shall coordi22 nate the implementation of the Strategy with non23 Panel Federal agencies to achieve the national policy 

24 described in section 2(c). 


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1 SEC. 6. NATURAL RESOURCES ADAPTATION SCIENCE AND 

2 INFORMATION. 

3 (a) NATIONAL CLIMATE CHANGE AND WILDLIFE

4 SCIENCE CENTER.— 

5 (1) ESTABLISHMENT.—The Secretary of the In6 terior, in collaboration with the States, Indian tribes, 

7 and other partner organizations, shall establish a 

8 National Climate Change and Wildlife Science Cen9 ter within the United States Geological Survey. 

10 (2) DUTIES OF CENTER.—The Center shall as11 sess and develop scientific information, tools, strate12 gies, and techniques to be used by the Panel, Fed13 eral and State agencies, and other interested parties 

14 in addressing the impacts of climate variability and 

15 change on natural resources. 

16 (b) SCIENCE ADVISORY BOARD.— 

17 (1) IN GENERAL.—Not later than 180 days 

18 after the date of enactment of this Act, the Sec19 retary of Commerce and the Secretary of the Inte20 rior shall establish and appoint the members of a 

21 Science Advisory Board. 

22 (2) MEMBERSHIP.—The Board shall be com23 prised of not fewer than 10 and not more than 20 

24 members— 

25 (A) who have expertise in biology (includ26 ing fish, wildlife, plant, aquatic, coastal, and 


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1 marine biology), ecology, climate change (in2 cluding, where applicable, ocean acidification, 

3 drought, flooding, and wildfire), and other rel4 evant scientific disciplines; 

5 (B) who are scientists that represent a bal6 anced membership among Federal, State, tribal, 

7 and local representatives, universities, and other 

8 interested parties; and 

(C) of whom at least 1 9 ⁄2 shall be rec10 ommended by the President of the National 

11 Academy of Sciences. 

12 (3) DUTIES.—The Board shall— 

13 (A) advise the Panel on the state of the 

14 science regarding— 

15 (i) the ongoing and expected impacts 

16 of climate variability and change on nat17 ural resources; and 

18 (ii) scientific strategies and mecha19 nisms for natural resources adaptation; 

20 (B) identify and recommend priorities for 

21 ongoing research needs on the issues described 

22 in subparagraph (A); and 

23 (C) review and comment on the Strategy 

24 before the Strategy is finalized. 


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1 (4) COLLABORATION.—The Board shall collabo2 rate with climate change and ecosystem research en3 tities in other Federal agencies and departments. 

4 (5) AVAILABILITY TO PUBLIC.—The advice and 

5 recommendations of the Board shall be made avail6 able to the public. 

7 SEC. 7. FEDERAL NATURAL RESOURCE AGENCY ADAPTA8 TION PLANS. 

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

10 date of development of the Strategy, each Federal agency 

11 with representation on the Panel shall— 

12 (1) complete a natural resources adaptation 

13 plan for that Federal agency that is consistent with 

14 the Strategy; 

15 (2) detail the ongoing and expanding proposed 

16 actions of the Federal agency, and any changes in 

17 decisionmaking processes necessary to increase the 

18 ability of resources under the jurisdiction of the 

19 agency; 

20 (3) provide opportunities for public review and 

21 comment on the plan; 

22 (4) coordinate with the plan of each other Fed23 eral agency with representation on the Panel; and 

24 (5) submit the plan to the President for ap25 proval. 


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1 (b) REQUIREMENTS.—Each adaptation plan shall— 

2 (1) identify and prioritize specific conservation 

3 strategies and actions that address the ongoing and 

4 expected impacts of climate variability and change 

5 on natural resources under the jurisdiction of the 

6 department or agency preparing the plan, includ7 ing— 

8 (A) protection, restoration, and conserva9 tion of natural resources to become more resil10 ient, adapt to, and better withstand the impacts 

11 of climate variability and change; 

12 (B) protection of habitats and ecosystems, 

13 the diversity of native fish, wildlife, and plant 

14 populations, and wildlife corridors, including— 

15 (i) protection, restoration, and con16 servation of terrestrial, marine, estuarine, 

17 and freshwater habitats and ecosystems; 

18 (ii) establishment of terrestrial, ma19 rine, estuarine, and freshwater corridors; 

20 (iii) restoration and conservation of 

21 ecological processes; 

22 (iv) protection of a broad diversity of 

23 native species of fish, wildlife, and plant 

24 populations across the ranges of those spe25 cies; and 


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1 (v) protection of fish, wildlife, and 

2 plant health, recognizing that climate can 

3 alter the distribution and ecology of 

4 parasites, pathogens, and vectors; 

5 (2) describe how the agency will— 

6 (A) integrate the strategies and conserva7 tion activities into plans, programs, activities, 

8 and actions of the agency relating to the con9 servation and management of natural resources; 

10 (B) establish new plans, programs, activi11 ties, and actions, if necessary; 

12 (C) maintain or restore corridors; and 

13 (D) minimize the impacts of energy, devel14 opment, water, transportation, and trans15 mission projects and other activities on wildlife 

16 and wildlife habitat; 

17 (3) establish methods— 

18 (A) to assess the effectiveness of strategies 

19 and conservation actions the agency takes to 

20 protect, restore, and conserve natural resources 

21 so natural resources become more resilient, 

22 adapt to, and withstand the ongoing and ex23 pected impacts of climate change; and 


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1 (B) to update those strategies and actions 

2 to respond to new information and changing 

3 conditions; 

4 (4) describe current and proposed mechanisms 

5 to enhance cooperation and coordination of natural 

6 resources adaptation efforts with other Federal 

7 agencies, State and local governments, Indian tribes, 

8 and nongovernmental stakeholders; 

9 (5) include written guidance to resource man10 agers; and 

11 (6) identify and assess data and information 

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

14 (c) IMPLEMENTATION.— 

15 (1) IN GENERAL.—On approval by the Presi16 dent, each Federal agency with representation on 

17 the Panel shall, consistent with existing authority, 

18 implement the adaptation plan of the agency 

19 through existing and new plans, policies, programs, 

20 activities, and actions. 

21 (2) CONSIDERATION OF IMPACTS.—To the max22 imum extent practicable and consistent with existing 

23 authority, natural resource management decisions 

24 made by each Federal agency with representation on 

25 the Panel shall— 


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1 (A) consider the ongoing and expected im2 pacts of climate variability and change on nat3 ural resources; and 

4 (B) select alternatives that will avoid and 

5 minimize those impacts and promote resilience. 

6 (d) REVISION AND REVIEW.—Not later than 5 years 

7 after the date of implementation of the adaptation plan 

8 of a Federal agency, and every 5 years thereafter, the Fed9 eral agency shall review and revise the adaptation plan to 

10 incorporate the best available science, including advice and 

11 information pursuant to section 6 and other information, 

12 regarding the ongoing and expected impacts of climate 

13 change on natural resources. 

14 SEC. 8. STATE NATURAL RESOURCES ADAPTATION PLANS. 

15 (a) REQUIREMENT.—To be eligible to receive funds 

16 pursuant to subsection (d), not later than 1 year after the 

17 date of development of the Strategy, each State shall pre18 pare and submit to the Secretary of the Interior and, as 

19 applicable, the Secretary of Commerce, a State natural re20 sources adaptation plan detailing current and future ef21 forts of the State to address the ongoing and expected im22 pacts of climate change on natural resources and coastal 

23 areas within the jurisdiction of the State. 


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1 (b) REVIEW OR APPROVAL.—The Secretary of the In2 terior and, as applicable, the Secretary of Commerce 

3 shall— 

4 (1) review each State adaptation plan; and 

5 (2) approve a State adaptation plan if the 

6 plan— 

7 (A) meets the requirements of subsection 

8 (c); and 

9 (B) is consistent with the Strategy. 

10 (c) CONTENTS.—A State adaptation plan shall— 

11 (1) meet the requirements described in section 

12 7(b); 

13 (2) include the adaptation provisions of any 

14 State comprehensive wildlife conservation strategy 

15 (or State wildlife action plan) that has been— 

16 (A) submitted to the United States Fish 

17 and Wildlife Service; and 

18 (B) approved, or is pending approval, by 

19 the United States Fish and Wildlife Service; 

20 (3) include the adaptation provisions of a state21 wide assessment and strategy for forest resources re22 quired under section 2A of the Cooperative Forestry 

23 Assistance Act of 1978 (16 U.S.C. 2101a) that has 

24 been— 


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1 (A) submitted to the Secretary of Agri2 culture; and 

3 (B) approved, or is pending approval, by 

4 the Secretary of Agriculture; and 

5 (4) include the adaptation provisions of a 

6 Coastal Zone Management Plan or a Coastal and 

7 Estuarine Land Conservation Program Plan that 

8 has been— 

9 (A) submitted to the National Oceanic and 

10 Atmospheric Administration; and 

11 (B) approved, or is pending approval, by 

12 the National Oceanic and Atmospheric Admin13 istration. 

14 (d) DISTRIBUTION OF FUNDS TO STATES.—Any 

15 funds made available pursuant to this Act shall be— 

16 (1) used to carry out natural resources adapta17 tion activities in accordance with adaptation plans 

18 approved under this section; and 

19 (2) made available through— 

20 (A) the State and tribal wildlife grant pro21 gram under title I of division F of the Consoli22 dated Appropriations Act, 2008 (Public Law 

23 110–161; 121 Stat. 2103); and 


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1 (B)(i) the grant program under section 

2 306 of the Coastal Zone Management Act of 

3 1972 (16 U.S.C. 1455); and 

4 (ii) the Coastal and Estuarine Land Con5 servation Program established under title II of 

6 the Department of Commerce and Related 

7 Agencies Appropriations Act, 2002 (16 U.S.C. 

8 1456d). 

9 (e) PUBLIC INPUT.—In developing an adaptation 

10 plan, a State shall solicit and consider input from the pub11 lic and independent scientists. 

12 (f) COORDINATION WITH OTHER PLANS.—A State 

13 adaptation plan shall, where appropriate, integrate the 

14 goals and measures set forth in other natural resources 

15 conservation strategies and plans. 

16 (g) UPDATING.—Each State adaptation plan shall be 

17 updated at least every 5 years. 

18 SEC. 9. AUTHORIZATION OF APPROPRIATIONS. 

19 There are authorized to be appropriated to carry out 

20 this Act such sums as are necessary. 

Æ 


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