II 

113TH CONGRESS 

1ST SESSION S. 1202 

To establish an integrated Federal program to respond to ongoing and expected impacts of extreme weather and climate 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 

JUNE 20, 2013 

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 extreme weather and 

climate 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 pollination of the crops and other plants of the 

14 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 extreme weather and climate 

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 extreme weather and climate change by pro7 tecting, restoring, and conserving the natural re8 sources of the 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 evaluate 

16 and reduce the increased risks and vulnerabilities associ17 ated with future extreme weather events and other climate 

18 impacts in carrying out the respective missions of those 

19 entities and to use all practicable means to protect, re20 store, and conserve natural resources so that natural re21 sources— 

22 (1) become more resilient, adapt to, and with23 stand the ongoing and expected impacts of extreme 

24 weather and climate change; and 


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1 (2) can continue safeguarding the communities 

2 in, and sustaining the economy of, the United 

3 States. 

4 SEC. 3. DEFINITIONS. 

5 In this Act: 

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

7 Science Advisory Board established under section 

8 6(b)(1). 

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

10 National Climate Change and Wildlife Science Cen11 ter established under section 6(a)(1). 

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

13 areas that— 

14 (A) provide connectivity, over different 

15 time scales, of landscapes, habitats or potential 

16 habitats, and ecological processes; and 

17 (B) facilitate terrestrial, marine, estuarine, 

18 and freshwater fish, wildlife, or plant movement 

19 that is necessary— 

20 (i) for migration, gene flow, or dis21 persal; or 

22 (ii) to respond to the ongoing and ex23 pected impacts of climate change (includ24 ing, where applicable, ocean acidification, 

25 drought, flooding, and wildfire). 


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1 (4) ECOLOGICAL PROCESSES.—The term ‘‘eco2 logical processes’’ means biological, chemical, or 

3 physical interaction between the biotic and abiotic 

4 components of an ecosystem, including— 

5 (A) nutrient cycling; 

6 (B) pollination; 

7 (C) predator-prey relationships; 

8 (D) soil formation; 

9 (E) gene flow; 

10 (F) disease epizootiology; 

11 (G) larval dispersal and settlement; 

12 (H) hydrological cycling; 

13 (I) decomposition; and 

14 (J) disturbance regimes, such as fire and 

15 flooding. 

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

17 physical, chemical, and biological properties that 

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

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

20 water, or in an area or region). 

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

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

23 Indian Self-Determination and Education Assistance 

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


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

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

3 plants, habitats, and ecosystems of the United 

4 States. 

5 (8) NATURAL RESOURCES ADAPTATION.—The 

6 term ‘‘natural resources adaptation’’ means the pro7 tection, restoration, and conservation of natural re8 sources so that natural resources become more resil9 ient, adapt to, and withstand the ongoing and ex10 pected impacts of extreme weather and climate 

11 change (including, where applicable, ocean acidifica12 tion, drought, flooding, and wildfire). 

13 (9) PANEL.—The term ‘‘Panel’’ means the Nat14 ural Resources Climate Change Adaptation Panel es15 tablished under section 4(a). 

16 (10) RESILIENCE; RESILIENT.—The terms ‘‘re17 silience’’ and ‘‘resilient’’, with respect to a natural 

18 resource, mean the ability of the natural resource to 

19 recover from disturbance. 

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

21 (A) a State of the United States; 

22 (B) the District of Columbia; 

23 (C) American Samoa; 

24 (D) Guam; 


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1 (E) the Commonwealth of the Northern 

2 Mariana Islands; 

3 (F) the Commonwealth of Puerto Rico; 

4 and 

5 (G) the United States Virgin Islands. 

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

7 the National Fish, Wildlife, and Plants Climate Ad8 aptation Strategy released March 26, 2013. 

9 SEC. 4. NATURAL RESOURCES CLIMATE CHANGE ADAPTA10 TION PANEL. 

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

12 the date of enactment of this Act, the President shall es13 tablish a Natural Resources Climate Change Adaptation 

14 Panel composed of the heads of Federal agencies or de15 partments with jurisdiction over natural resources of the 

16 United States and State and tribal representatives, includ17 ing— 

18 (1) the Administrator of the National Oceanic 

19 and Atmospheric Administration; 

20 (2) the Chief of the Forest Service; 

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

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

23 Wildlife Service; 

24 (5) the Director of the Bureau of Land Man25 agement; 


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1 (6) the Director of the United States Geological 

2 Survey; 

3 (7) the Commissioner of Reclamation; 

4 (8) the Director of the Bureau of Indian Af5 fairs; 

6 (9) the Administrator of the Environmental 

7 Protection Agency; 

8 (10) the Chief of Engineers; 

9 (11) the Chair of the Council on Environmental 

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

11 (12) the Administrator of the Federal Emer12 gency Management Agency; 

13 (13) State representatives from each regional 

14 association of State fish and wildlife agencies; and 

15 (14) not less than 2 tribal representatives. 

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

17 interagency consultation on, and the coordination of, the 

18 development and implementation of the Strategy. 

19 SEC. 5. NATIONAL FISH, WILDLIFE, AND PLANTS CLIMATE 

20 ADAPTATION STRATEGY. 

21 (a) IN GENERAL.—The Panel shall adopt the Strat22 egy to protect, restore, and conserve natural resources so 

23 that natural resources become more resilient, adapt to, 

24 and withstand the ongoing and expected impacts of ex25 treme weather and climate change. 


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1 (b) REVIEW AND REVISION.—Beginning in fiscal 

2 year 2017, and every 4 years thereafter, the Panel shall 

3 review and revise the Strategy to incorporate— 

4 (1) new information regarding the ongoing and 

5 expected impacts of climate change on natural re6 sources; and 

7 (2) new advances in the development of natural 

8 resources adaptation strategies. 

9 (c) REQUIREMENTS.—In revising the Strategy, the 

10 Panel shall— 

11 (1) use the best available science; and 

12 (2) provide public notice and opportunity for 

13 comment from all interested stakeholders. 

14 (d) CONTENTS.—A revised Strategy shall— 

15 (1) assess the vulnerability of natural resources 

16 to climate change, including short-term, medium17 term, long-term, cumulative, and synergistic im18 pacts; 

19 (2) describe current, observation, and moni20 toring activities at the Federal, State, tribal, and 

21 local levels relating to the ongoing and expected im22 pacts of climate change on natural resources; 

23 (3) identify and prioritize research and data 

24 needs; 


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1 (4) identify natural resources likely to have the 

2 greatest need for protection, restoration, and con3 servation due to the ongoing and expanding impacts 

4 of extreme weather and climate change; 

5 (5) include specific protocols for integrating 

6 natural resources adaptation strategies and activities 

7 into the conservation and management of natural re8 sources by Federal agencies to ensure consistency 

9 across agency jurisdictions; 

10 (6) identify opportunities for maintaining, re11 storing, or enhancing natural resources to reduce the 

12 risks of extreme weather and climate change on 

13 other vulnerable sectors of society; 

14 (7) identify Federal policies and actions that 

15 may reduce resilience and increase the vulnerability 

16 of natural resources to extreme weather and climate 

17 change; 

18 (8) include specific actions that Federal agen19 cies shall take to protect, conserve, and restore nat20 ural resources to become more resilient, adapt to, 

21 and withstand the ongoing and expected impacts of 

22 climate change, including a timeline to implement 

23 those actions; 

24 (9) include specific mechanisms for ensuring 

25 communication and coordination— 


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1 (A) among Federal agencies; and 

2 (B) between Federal agencies and State 

3 natural resource agencies, territories of the 

4 United States, Indian tribes, private land5 owners, conservation organizations, and other 

6 countries that share jurisdiction over natural 

7 resources with the United States; 

8 (10) include specific actions to develop and im9 plement coordinated natural resources inventory and 

10 monitoring protocols through interagency coordina11 tion and collaboration with States and local govern12 ments, Indian tribes, and private organizations; and 

13 (11) include procedures for guiding the develop14 ment of detailed agency-specific adaptation plans re15 quired under section 7. 

16 (e) IMPLEMENTATION.— 

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

18 and Federal trust responsibilities concerning Indian 

19 land, each Federal agency represented on the Panel 

20 shall integrate the elements of the Strategy that re21 late to conservation, restoration, and management of 

22 natural resources into agency plans, environmental 

23 reviews, and programs. 

24 (2) PUBLIC REPORT.—Each Federal agency 

25 represented on the Panel shall, on an annual basis, 


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1 make available to the public a report documenting 

2 the actions of the agency in implementing the Strat3 egy. 

4 (3) COORDINATION.—The Panel shall coordi5 nate the implementation of the Strategy with non6 Panel Federal agencies to achieve the national policy 

7 described in section 2(c). 

8 SEC. 6. NATURAL RESOURCES ADAPTATION SCIENCE AND 

9 INFORMATION. 

10 (a) NATIONAL CLIMATE CHANGE AND WILDLIFE

11 SCIENCE CENTER.— 

12 (1) ESTABLISHMENT.—The Secretary of the In13 terior, in collaboration with the States, Indian tribes, 

14 and other partner organizations, shall establish a 

15 National Climate Change and Wildlife Science Cen16 ter within the United States Geological Survey. 

17 (2) DUTIES OF CENTER.—The Center shall as18 sess and develop scientific information, tools, strate19 gies, and techniques to be used by the Panel, Fed20 eral and State agencies, and other interested parties 

21 in addressing the impacts of extreme weather and 

22 climate change on natural resources. 

23 (3) GENERAL AUTHORITY TO ENTER INTO CON24 TRACTS, GRANTS, AND COOPERATIVE AGREE25 MENTS.—The Secretary may enter into contracts, 


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1 grants, or cooperative agreements, for periods not to 

2 exceed 5 years, with State agencies, State coopera3 tive extension services, institutions of higher edu4 cation, other research or educational institutions and 

5 organizations, Federal and private agencies and or6 ganizations, individuals, and any other contractor or 

7 recipient, to further the duties under paragraph (2) 

8 without regard to— 

9 (A) any requirements for competition; 

10 (B) section 6101 of title 41, United States 

11 Code; or 

12 (C) subsections (a) and (b) of section 3324 

13 of title 31, United States Code. 

14 (b) SCIENCE ADVISORY BOARD.— 

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

16 after the date of enactment of this Act, the Sec17 retary of Commerce and the Secretary of the Inte18 rior shall establish and appoint the members of a 

19 Science Advisory Board. 

20 (2) MEMBERSHIP.—The Board shall be com21 prised of not fewer than 10 and not more than 20 

22 members— 

23 (A) who have expertise in biology (includ24 ing fish, wildlife, plant, aquatic, coastal, and 

25 marine biology), ecology, climate change (inVerDate Mar 15 2010 05:45 Jun 25, 2013 Jkt 029200 PO 00000 Frm 00014 Fmt 6652 Sfmt 6201 E:\BILLS\S1202.IS S1202

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1 cluding, where applicable, ocean acidification, 

2 drought, flooding, and wildfire), and other rel3 evant scientific disciplines; 

4 (B) who are scientists that represent a bal5 anced membership among Federal, State, tribal, 

6 and local representatives, institutions of higher 

7 education, and other interested parties; and 

(C) of whom at least 1 8 ⁄2 shall be rec9 ommended by the President of the National 

10 Academy of Sciences. 

11 (3) DUTIES.—The Board shall— 

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

13 science regarding— 

14 (i) the ongoing and expected impacts 

15 of extreme weather and climate change on 

16 natural resources; and 

17 (ii) scientific strategies and mecha18 nisms for natural resources adaptation; 

19 (B) identify and recommend priorities for 

20 ongoing research needs on the issues described 

21 in subparagraph (A) to inform the research pri22 orities of the Center described in subsection (a) 

23 and other Federal climate science institutions; 

24 and 


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1 (C) review and comment on each revised 

2 Strategy before that Strategy is finalized. 

3 (4) COLLABORATION.—The Board shall collabo4 rate with climate change and ecosystem research en5 tities in other Federal agencies and departments. 

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

7 recommendations of the Board shall be made avail8 able to the public. 

9 SEC. 7. FEDERAL NATURAL RESOURCE AGENCY ADAPTA10 TION PLANS. 

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

12 date of enactment of this Act and not later than 1 year 

13 after the date of each revision of the Strategy, each Fed14 eral agency with representation on the Panel shall— 

15 (1) complete a natural resources adaptation 

16 plan for that Federal agency that is consistent with 

17 the revised Strategy; 

18 (2) detail the ongoing and expanding proposed 

19 actions of the Federal agency, and any changes in 

20 decisionmaking processes necessary to increase the 

21 ability of resources under the jurisdiction of the 

22 agency; 

23 (3) provide opportunities for public review and 

24 comment on the plan; 


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1 (4) coordinate with the plan of each other Fed2 eral agency with representation on the Panel; and 

3 (5) submit the plan to the President for ap4 proval. 

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

6 (1) identify and prioritize specific conservation 

7 strategies and actions that address the ongoing and 

8 expected impacts of extreme weather and climate 

9 change on natural resources under the jurisdiction of 

10 the department or agency preparing the plan, includ11 ing— 

12 (A) protection, restoration, and conserva13 tion of natural resources to become more resil14 ient, adapt to, and better withstand the impacts 

15 of extreme weather and climate change; and 

16 (B) protection of habitats and ecosystems, 

17 the diversity of native fish, wildlife, and plant 

18 populations, and wildlife corridors, including— 

19 (i) protection, restoration, and con20 servation of terrestrial, marine, estuarine, 

21 and freshwater habitats and ecosystems; 

22 (ii) establishment of terrestrial, ma23 rine, estuarine, and freshwater corridors; 

24 (iii) restoration and conservation of 

25 ecological processes; 


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1 (iv) protection of a broad diversity of 

2 native species of fish, wildlife, and plant 

3 populations across the ranges of those spe4 cies; and 

5 (v) protection of fish, wildlife, and 

6 plant health, recognizing that climate can 

7 alter the distribution and ecology of 

8 parasites, pathogens, and vectors; 

9 (2) describe how the agency will— 

10 (A) integrate the strategies and conserva11 tion activities into plans, programs, activities, 

12 and actions of the agency relating to the con13 servation and management of natural resources; 

14 (B) establish new plans, programs, activi15 ties, and actions, if necessary; 

16 (C) maintain or restore corridors; and 

17 (D) minimize the impacts of energy, devel18 opment, water, transportation, and trans19 mission projects and other activities on wildlife 

20 and wildlife habitat; 

21 (3) establish methods— 

22 (A) to assess the effectiveness of strategies 

23 and conservation actions the agency takes to 

24 protect, restore, and conserve natural resources 

25 so natural resources become more resilient, 


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1 adapt to, and withstand the ongoing and ex2 pected impacts of climate change; and 

3 (B) to update those strategies and actions 

4 to respond to new information and changing 

5 conditions; 

6 (4) describe current and proposed mechanisms 

7 to enhance cooperation and coordination of natural 

8 resources adaptation efforts with other Federal 

9 agencies, State and local governments, Indian tribes, 

10 and nongovernmental stakeholders; 

11 (5) include written guidance to resource man12 agers; and 

13 (6) identify and assess data and information 

14 gaps necessary to develop natural resources adapta15 tion plans and strategies. 

16 (c) IMPLEMENTATION.— 

17 (1) IN GENERAL.—On approval by the Presi18 dent, each Federal agency with representation on 

19 the Panel shall, consistent with existing authority, 

20 implement the adaptation plan of the agency 

21 through existing and new plans, policies, programs, 

22 activities, and actions. 

23 (2) CONSIDERATION OF IMPACTS.—To the max24 imum extent practicable and consistent with existing 

25 authority, natural resource management decisions 


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1 made by each Federal agency with representation on 

2 the Panel shall— 

3 (A) consider the ongoing and expected im4 pacts of extreme weather and climate change on 

5 natural resources; and 

6 (B) select alternatives that will avoid and 

7 minimize those impacts and promote resilience. 

8 (d) REVISION AND REVIEW.—Not later than 4 years 

9 after the date of implementation of the adaptation plan 

10 of a Federal agency, and every 4 years thereafter, the Fed11 eral agency shall review and revise the adaptation plan to 

12 incorporate the best available science, including advice and 

13 information pursuant to section 6 and other information, 

14 regarding the ongoing and expected impacts of climate 

15 change on natural resources. 

16 SEC. 8. STATE NATURAL RESOURCES ADAPTATION PLANS. 

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

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

19 date of enactment of this Act and not later than 1 year 

20 after the date of each revision of the Strategy, each State 

21 shall prepare and submit to the Secretary of the Interior 

22 and, as applicable, the Secretary of Commerce, a State 

23 natural resources adaptation plan detailing current and 

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1 pected impacts of climate change on natural resources and 

2 coastal areas within the jurisdiction of the State. 

3 (b) REVIEW OR APPROVAL.—The Secretary of the In4 terior and, as applicable, the Secretary of Commerce 

5 shall— 

6 (1) review each State adaptation plan; and 

7 (2) approve a State adaptation plan if the 

8 plan— 

9 (A) meets the requirements of subsection 

10 (c); and 

11 (B) is consistent with the Strategy. 

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

13 (1) meet the requirements described in section 

14 7(b); 

15 (2) include the adaptation provisions of any 

16 State comprehensive wildlife conservation strategy 

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

18 (A) submitted to the United States Fish 

19 and Wildlife Service; and 

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

21 the United States Fish and Wildlife Service; 

22 (3) include the adaptation provisions of a state23 wide assessment and strategy for forest resources re24 quired under section 2A of the Cooperative Forestry 


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

2 been— 

3 (A) submitted to the Secretary of Agri4 culture; and 

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

6 the Secretary of Agriculture; and 

7 (4) include the adaptation provisions of a 

8 Coastal Zone Management Plan or a Coastal and 

9 Estuarine Land Conservation Program Plan that 

10 has been— 

11 (A) submitted to the National Oceanic and 

12 Atmospheric Administration; and 

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

14 the National Oceanic and Atmospheric Admin15 istration. 

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

17 funds made available pursuant to this Act shall be— 

18 (1) used to carry out natural resources adapta19 tion activities in accordance with adaptation plans 

20 approved under this section; and 

21 (2) made available through— 

22 (A) the State and tribal wildlife grant pro23 gram under title I of division F of the Consoli24 dated Appropriations Act, 2008 (Public Law 

25 110–161; 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) UPDATES.—Each State adaptation plan shall be 

17 updated at least every 4 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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