II 

111TH CONGRESS 

1ST SESSION S. 1933 

To establish an integrated Federal program that protects, restores, and conserves natural resources by responding to the threats and effects of 

climate change, and for other purposes. 

IN THE SENATE OF THE UNITED STATES 

OCTOBER 27, 2009 

Mr. BINGAMAN (for himself, Mr. BAUCUS, Mr. WHITEHOUSE, and Mr. UDALL

of New Mexico) 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 that protects, 

restores, and conserves natural resources by responding 

to the threats and effects of climate change, and for 

other purposes. 

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

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Natural Resources Cli5 mate Adaptation Act’’. 

6 SEC. 2. PURPOSES. 

7 The purposes of this Act are— 


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1 (1) to integrate Federal agency activities to re2 spond to ongoing and expected impacts of climate 

3 change (including, if applicable, ocean acidification, 

4 drought, invasive species, flooding, and wildfire) by 

5 protecting, restoring, and conserving the natural re6 sources and associated ecosystem services of the 

7 United States; and 

8 (2) to provide financial support and incentives 

9 for authorized programs, strategies, and activities to 

10 protect, restore, and conserve natural resources and 

11 associated ecosystem services in response to threats 

12 and effects of climate change. 

13 SEC. 3. DEFINITIONS. 

14 In this Act: 

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

16 Natural Resources Adaptation Science Advisory 

17 Board established by section 4(e)(1). 

18 (2) COASTAL STATE.—The term ‘‘coastal 

19 State’’ has the meaning given the term ‘‘coastal 

20 state’’ in section 304 of the Coastal Zone Manage21 ment Act of 1972 (16 U.S.C. 1453). 

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

23 areas that— 


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1 (A) provide connectivity, over different 

2 time scales, of habitats or potential habitats; 

3 and 

4 (B) facilitate terrestrial, marine, estuarine, 

5 and freshwater fish, wildlife, or plant movement 

6 necessary for migration, gene flow, or dispersal, 

7 to respond to the ongoing and expected impacts 

8 of climate change. 

9 (4) ECOSYSTEM SERVICES.— 

10 (A) IN GENERAL.—The term ‘‘ecosystem 

11 services’’ means the provision, by a healthy eco12 system, of natural resources to improve human 

13 health and livelihood. 

14 (B) INCLUSIONS.—The term ‘‘ecosystem 

15 services’’ includes— 

16 (i) a clean and abundant water sup17 ply; 

18 (ii) carbon storage; 

19 (iii) biodiversity; 

20 (iv) pollination services; 

21 (v) wildlife habitat; 

22 (vi) recreation; and 

23 (vii) a scenic or historic landscape. 

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

25 physical, chemical, and biological properties that 


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

2 survival, food, water, or cover. 

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

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

5 Indian Self-Determination and Education Assistance 

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

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

8 resources’’ means land, wildlife, fish, air, water, es9 tuaries, plants, habitats, and ecosystems. 

10 (8) NATURAL RESOURCES ADAPTATION.—The 

11 term ‘‘natural resources adaptation’’ means the pro12 tection, restoration, and conservation of natural re13 sources so that natural resources become more resil14 ient, adapt to, and withstand the ongoing and ex15 pected impacts of climate change. 

16 (9) PANEL.—The term ‘‘Panel’’ means the Nat17 ural Resources Climate Change Adaptation Panel es18 tablished under section 5(a). 

19 (10) PLAN.—The term ‘‘plan’’ means a natural 

20 resources adaptation plan completed under section 

21 7(a)(1). 

22 (11) PROGRAM.—The term ‘‘program’’ means 

23 the National Fish and Wildlife Habitat and Cor24 ridors Information Program established by the Sec25 retary under section 4(d)(1). 


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1 (12) RESILIENCE; RESILIENT.—The terms ‘‘re2 silience’’ and ‘‘resilient’’ mean— 

3 (A) the ability to resist or recover from 

4 disturbance; and 

5 (B) the ability to preserve diversity, pro6 ductivity, and sustainability. 

7 (13) SECRETARY.—The term ‘‘Secretary’’ 

8 means the Secretary of the Interior. 

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

10 (A) a State of the United States; 

11 (B) the District of Columbia; 

12 (C) American Samoa; 

13 (D) Guam; 

14 (E) the Commonwealth of the Northern 

15 Mariana Islands; 

16 (F) the Commonwealth of Puerto Rico; 

17 and 

18 (G) the United States Virgin Islands. 

19 (15) STATE PLAN.—The term ‘‘State plan’’ 

20 means a State natural resources adaptation plan 

21 prepared by a State under section 8(a). 

22 (16) STRATEGY.—The term ‘‘Strategy’’ means 

23 the Natural Resources Climate Change Adaptation 

24 Strategy developed under section 6(a). 


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1 SEC. 4. NATURAL RESOURCES ADAPTATION SCIENCE AND 

2 INFORMATION. 

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

4 the date of enactment of this Act, the Secretary and the 

5 Secretary of Commerce (acting through the National Oce6 anic and Atmospheric Administration) (referred to in this 

7 section as the ‘‘Secretaries’’), working with all other rel8 evant Federal agencies, shall establish procedures for co9 ordinating among Federal agencies the development and 

10 dissemination of science and information necessary to ad11 dress the ongoing and expected impacts of climate change 

12 on natural resources. 

13 (b) DEVELOPMENT AND DISSEMINATION OF

14 SCIENCE.—The Secretaries shall— 

15 (1) conduct and sponsor research, and facilitate 

16 the coordination of research among Federal agen17 cies, to develop scientific strategies and mechanisms 

18 for natural resources adaptation; 

19 (2) make available to Federal agencies, and 

20 other interested governmental or private entities, 

21 technical assistance to address the ongoing and ex22 pected impacts of climate change on natural re23 sources; and 

24 (3) assist Federal agencies in the development 

25 of natural resources adaptation plans required by 

26 section 7. 


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1 (c) SURVEY.—Not later than 1 year after the date 

2 of enactment of this Act, and every 5 years thereafter, 

3 the Secretaries and the Secretary of Agriculture shall 

4 issue a climate change impact survey, in coordination with 

5 other relevant Federal agencies, that— 

6 (1) identifies natural resources considered likely 

7 to be adversely affected by climate change; 

8 (2) includes baseline monitoring and ongoing 

9 trend analysis; and 

10 (3) in consultation with States and Indian 

11 tribes and with input from stakeholders, identifies 

12 and prioritizes necessary monitoring and research 

13 that is most relevant to the needs of Federal natural 

14 resource managers to address the ongoing and ex15 pected impacts of climate change and natural re16 sources adaptation. 

17 (d) WILDLIFE HABITAT AND CORRIDORS INFORMA18 TION.— 

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

20 after the date of enactment of this Act, the Sec21 retary, in cooperation with the States, Indian tribes, 

22 and other Federal land managers, shall establish a 

23 program to be known as the ‘‘National Fish and 

24 Wildlife Habitat and Corridors Information Pro25 gram’’. 


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1 (2) PURPOSES.—The purposes of the program 

2 are— 

3 (A) to develop with States and Indian 

4 tribes a comprehensive national geographic in5 formation system database of maps, models, 

6 data, surveys, informational products, and other 

7 geospatial information regarding fish and wild8 life habitat and corridors that— 

9 (i) is based on consistent protocols; 

10 (ii) takes into account regional dif11 ferences; and 

12 (iii) uses available geographical infor13 mation system databases and other tools, 

14 including the National Biological Informa15 tion Infrastructure maintained by the Sec16 retary and nongovernmental organizations; 

17 and 

18 (B) to facilitate the use of the database de19 scribed in subparagraph (A) by Federal, State, 

20 local, and tribal decisionmakers to incorporate 

21 qualitative information on fish and wildlife 

22 habitats and corridors at the earliest practicable 

23 stage for use in— 

24 (i) prioritizing and targeting natural 

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1 ties, including strategies and activities that 

2 enhance the ability of species to respond to 

3 shifting habitat; and 

4 (ii) avoiding, minimizing, and miti5 gating the impacts on fish and wildlife 

6 habitat and corridors when locating energy 

7 development, water, transmission, trans8 portation, and other land use projects; 

9 (3) FINANCIAL AND OTHER SUPPORT.—The 

10 Secretary may provide support to the States and In11 dian tribes, including financial and technical assist12 ance, for activities that support the development and 

13 implementation of the program. 

14 (4) CONSULTATION.—In consultation with 

15 States and Indian tribes, the Secretary shall make 

16 recommendations on the manner by which the infor17 mation collected and managed under the program 

18 may be incorporated into relevant Federal and State 

19 plans that affect fish and wildlife, including— 

20 (A) land management plans; 

21 (B) State comprehensive wildlife conserva22 tion strategies; and 

23 (C) applicable conservation plans of Indian 

24 tribes. 


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1 (e) NATURAL RESOURCES ADAPTATION SCIENCE AD2 VISORY BOARD.— 

3 (1) ESTABLISHMENT.—The Secretaries and the 

4 Secretary of Agriculture shall— 

5 (A) not later than 180 days after the date 

6 of enactment of this Act, establish and appoint 

7 the members of a Natural Resources Adapta8 tion Science Advisory Board; and 

9 (B) on an ongoing basis, coordinate the ac10 tivities of the Board. 

11 (2) MEMBERSHIP.—The Board shall be com12 posed of not fewer than 10 and not more than 20 

13 members— 

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

15 plant, aquatic, coastal and marine biology, ecol16 ogy, hydrology, climate change effects, or other 

17 relevant scientific disciplines; 

18 (B) who represent a balanced membership 

19 among Federal, State, tribal, and local rep20 resentatives, and diverse interests, including in21 stitutions of higher education and relevant non22 governmental organizations and conservation 

23 organizations; and 


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

2 by the President of the National Academy of 

3 Sciences. 

4 (3) DUTIES.—The Board shall— 

5 (A) advise all relevant Federal agencies on 

6 the state of the science regarding— 

7 (i) the ongoing and expected impacts 

8 of climate change; and 

9 (ii) scientific strategies and mecha10 nisms for natural resources adaptation; 

11 and 

12 (B) identify and recommend priorities for 

13 ongoing research needs on the issues described 

14 in subparagraph (A). 

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

16 and recommendations of the Board shall be made 

17 available to the public. 

18 (f) NATIONAL CLIMATE CHANGE AND WILDLIFE

19 SCIENCE CENTER.— 

20 (1) ESTABLISHMENT.—The Secretary shall es21 tablish the National Climate Change and Wildlife 

22 Center within the United States Geological Survey. 

23 (2) FUNCTIONS.—In collaboration with Federal 

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1 cation, and other partner organizations, the Center 

2 shall— 

3 (A) assess and synthesize current physical 

4 and biological knowledge relating to the impacts 

5 of climate change on fish, wildlife, plants, and 

6 associated habitat; 

7 (B) prioritize scientific gaps in the knowl8 edge in order to forecast the ecological impacts 

9 of climate change on fish, wildlife, and plants at 

10 the ecosystem, habitat, community, population, 

11 and species levels; 

12 (C) develop and improve tools to forecast, 

13 adaptively manage, and monitor the impacts of 

14 climate change on fish, wildlife, plants, and as15 sociated habitats, including predictive models, 

16 and risk assessments; and 

17 (D) develop capacities for synthesizing 

18 data and for sharing standardized data and 

19 methodology. 

20 SEC. 5. NATURAL RESOURCES CLIMATE CHANGE ADAPTA21 TION PANEL. 

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

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

24 establish a Natural Resources Climate Change Adaptation 

25 Panel. 


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1 (b) DUTIES.—The Panel shall— 

2 (1) develop the Strategy; and 

3 (2) serve as a forum for interagency consulta4 tion on the implementation of the Strategy. 

5 (c) MEMBERSHIP.—The Panel shall be composed 

6 of— 

7 (1) the Administrator of the National Oceanic 

8 and Atmospheric Administration; 

9 (2) the Chief of the Forest Service; 

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

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

12 Wildlife Service; 

13 (5) the Director of the Bureau of Land Man14 agement; 

15 (6) the Director of the United States Geological 

16 Survey; 

17 (7) the Commissioner of Reclamation; 

18 (8) the Director of the Bureau of Indian Af19 fairs; 

20 (9) the Director of the Minerals Management 

21 Service; 

22 (10) the Administrator of the Environmental 

23 Protection Agency; 

24 (11) the Administrator of the Federal Emer25 gency Management Agency; 


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1 (12) the Chief of Engineers; and 

2 (13) the heads of other Federal agencies, as de3 termined by the President. 

4 (d) CHAIRPERSON.—The Chair of the Council on En5 vironmental Quality shall serve as the Chairperson of the 

6 Panel. 

7 SEC. 6. NATURAL RESOURCES CLIMATE CHANGE ADAPTA8 TION STRATEGY. 

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

10 date of the enactment of this Act, the Panel shall develop 

11 a Natural Resources Climate Change Adaptation Strat12 egy. 

13 (b) DEVELOPMENT.—In developing and revising the 

14 Strategy, the Panel shall— 

15 (1) base the strategy on the best available 

16 science; 

17 (2) develop the strategy in close cooperation 

18 with States and Indian tribes; 

19 (3) coordinate with other Federal agencies, as 

20 appropriate; 

21 (4) consult with local governments, conservation 

22 organizations, scientists, private sector interests, and 

23 other interested stakeholders; and 

24 (5) provide public notice and opportunity for 

25 comment. 


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1 (c) CONTENTS.—The Strategy shall— 

2 (1) assess the vulnerability of regions and types 

3 of natural resources to climate change, including 

4 short-term, medium-term, long-term, and cumulative 

5 impacts; 

6 (2) describe current research and monitoring 

7 activities at the Federal, State, tribal, and local level 

8 related to— 

9 (A) the ongoing and expected impacts of 

10 climate change on natural resources; and 

11 (B) scientific strategies and mechanisms 

12 for natural resources adaptation; 

13 (3) identify and prioritize research and data 

14 needs; and 

15 (4) provide direction to Federal agencies, and 

16 make guidance available to States, Indian tribes, 

17 local governments, and other interested parties for 

18 use in responding to the impacts of climate change, 

19 including— 

20 (A) actions that Federal agencies should 

21 implement through their natural resources ad22 aptation plans and recommendations for actions 

23 that States, Indian tribes, local governments, 

24 and other interested parties may implement to 

25 promote natural resources adaptation; and 


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1 (B) a timeline for implementation of the 

2 Strategy; and 

3 (5) describe specific mechanisms for ensuring 

4 communication and coordination— 

5 (A) among Federal agencies; and 

6 (B) between Federal agencies and State 

7 natural resource agencies, Indian tribes, inter8 ested private landowners, conservation organi9 zations, and other countries that share jurisdic10 tion over natural resources with the United 

11 States. 

12 (d) REVISION.—After the Panel adopts the initial 

13 Strategy, the Panel shall review and revise the Strategy 

14 every 5 years to incorporate— 

15 (1) new information regarding the ongoing and 

16 expected impacts of climate change on natural re17 sources; and 

18 (2) new advances in the development of strate19 gies and mechanisms for natural resources adapta20 tion. 

21 SEC. 7. FEDERAL AGENCY NATURAL RESOURCES ADAPTA22 TION PLANS. 

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

24 date of development of the Strategy, each Federal agency 

25 with representation on the Panel shall— 


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1 (1) complete a natural resources adaptation 

2 plan for that Federal agency; 

3 (2) provide opportunities for public review and 

4 comment on the plan; 

5 (3) coordinate with the plan of each other Fed6 eral agency with representation on the Panel; and 

7 (4) submit the plan to the President for review 

8 and submission to Congress. 

9 (b) REQUIREMENTS.—Each plan shall— 

10 (1) implement the Strategy; 

11 (2) include a timeline for implementation of the 

12 plan; 

13 (3) describe and prioritize proposed natural re14 sources adaptation actions for natural resources 

15 managed or impacted by activities authorized by the 

16 Federal agency; 

17 (4) describe how the Federal agency will modify 

18 or establish other plans, programs, activities, or ac19 tions in accordance with applicable authority, if nec20 essary, to implement the plan; 

21 (5) provide for the inclusion of climate change 

22 and impact data in natural resources management 

23 decisions; 

24 (6) establish monitoring protocols— 


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1 (A) to assess the effectiveness of the nat2 ural resources adaptation actions taken by the 

3 Federal agency pursuant to the plan; and 

4 (B) to update those actions to respond to 

5 monitoring results, other new information, and 

6 changing conditions; 

7 (7) establish a process for providing written 

8 guidance to Federal natural resource managers for 

9 implementing the natural resources adaptation ac10 tions identified in the plan; 

11 (8) identify and assess gaps in data and infor12 mation useful in developing the plan; and 

13 (9) establish protocols to collect, integrate, and 

14 share standardized climate change and impact data 

15 with Federal, State, tribal, and nongovernmental or16 ganizations, private landowner partners, and the 

17 general public. 

18 (c) PRESIDENTIAL REVIEW AND SUBMISSION TO

19 CONGRESS.— 

20 (1) REVIEW.—Not later than 30 days after the 

21 date of submission of a plan to the President, the 

22 President shall— 

23 (A) review the plan for consistency with 

24 the requirements of this Act; and 


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1 (B) if consistent, submit the plan to Con2 gress in accordance with this subsection, to3 gether with a statement confirming the consist4 ency of the plan with this Act. 

5 (2) INCONSISTENCY.—If the President finds a 

6 plan of a Federal agency to be inconsistent with this 

7 Act, the President shall direct the agency to submit 

8 a revised plan not later than 60 days after the find9 ing. 

10 (3) SUBMISSION TO CONGRESS.—The President 

11 shall submit plans determined to be consistent with 

12 this Act to— 

13 (A) the Committee on Natural Resources 

14 of the House of Representatives; 

15 (B) the Committee on Energy and Natural 

16 Resources of the Senate; 

17 (C) the Committee on Environment and 

18 Public Works of the Senate; and 

19 (D) any other committees of the House of 

20 Representatives or the Senate with principal ju21 risdiction over the Federal agency. 

22 (d) IMPLEMENTATION.—On submission by the Presi23 dent to Congress, each Federal agency shall, pursuant to 

24 and consistent with applicable authority, implement the 

25 plan. 


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

2 years, each Federal agency with representation on the 

3 Panel shall review and revise the plan of the Federal agen4 cy to incorporate the best available science regarding— 

5 (1) the ongoing and expected impacts of climate 

6 change on natural resources; and 

7 (2) the scientific strategies and mechanisms for 

8 natural resources adaptation. 

9 SEC. 8. STATE NATURAL RESOURCES ADAPTATION PLANS. 

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

11 under section 9, not later than 1 year after the develop12 ment of the Strategy, each State shall prepare a State nat13 ural resources adaptation plan to address the ongoing and 

14 expected impacts of climate change on natural resources 

15 within the State. 

16 (b) CONTENTS.—A State plan shall— 

17 (1) include actions for addressing the ongoing 

18 and expected impacts of climate change on natural 

19 resources that— 

20 (A) describe and prioritize proposed nat21 ural resources adaptation actions for natural re22 sources managed or impacted by activities au23 thorized by the State; 

24 (B) include a time frame for implementing 

25 the natural resources adaptation actions; 


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1 (C) are incorporated into a revision of the 

2 State wildlife action plan (also known as the 

3 State comprehensive wildlife strategy) that has 

4 been— 

5 (i) submitted to the United States 

6 Fish and Wildlife Service; and 

7 (ii) approved, or is pending approval, 

8 by the United States Fish and Wildlife 

9 Service; and 

10 (D) are developed— 

11 (i) with the participation of the rel12 evant State agencies considered appro13 priate by the Governor of the State; and 

14 (ii) in coordination with other States 

15 and Indian tribes that share jurisdiction or 

16 cooperative management responsibilities 

17 over natural resources with the State; and 

18 (2) identify and assess gaps in data useful in 

19 developing the State plan. 

20 (c) REVIEW AND APPROVAL.— 

21 (1) IN GENERAL.—The Secretary and, in the 

22 case of parts of the State plan relating to a coastal 

23 State, the Secretary of Commerce shall review each 

24 State plan, and approve the State plan if the State 

25 plan— 


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1 (A) meets the requirements of subsection 

2 (b); and 

3 (B) is consistent with the other require4 ments of this Act. 

5 (2) DEADLINE.—The Secretary and, as applica6 ble, the Secretary of Commerce shall approve or dis7 approve the State plan by written notice not later 

8 than 180 days after the date of submission of the 

9 State plan (or a revised State plan). 

10 (3) RESUBMISSION.—Not later than 90 days 

11 after the date of resubmission of a State plan that 

12 has been disapproved under this subsection, the Sec13 retary and, as applicable, the Secretary of Com14 merce, shall approve or disapprove the resubmitted 

15 State plan by written notice. 

16 (d) PUBLIC INPUT.—In developing the State plan, a 

17 State shall solicit and consider the input of local govern18 ments, the public, and independent scientific input. 

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

20 plan shall, if appropriate, integrate the goals and meas21 ures set forth in other natural resources conservation 

22 strategies established pursuant to applicable law (includ23 ing regulations), including— 

24 (1) the National Fish Habitat Action Plan; 


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1 (2) plans under the North American Wetlands 

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

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

4 known as ‘‘Partners in Flight’’; 

5 (4) federally approved coastal zone management 

6 plans under the Coastal Zone Management Act of 

7 1972 (16 U.S.C. 1451 et seq.); 

8 (5) federally approved regional fishery manage9 ment plants and habitat conservation activities 

10 under the Magnuson-Stevens Fishery Conservation 

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

12 (6) the National Coral Reef Action Plan; 

13 (7) recovery plans for threatened species and 

14 endangered species under section 4(f) of the Endan15 gered Species Act of 1973 (16 U.S.C. 1533(f)); 

16 (8) habitat conservation plans under section 10 

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

18 (9) the plans for imperiled species of other Fed19 eral agencies, States, and Indian tribes; 

20 (10) plans under subtitle F of title IX of the 

21 Omnibus Public Land Management Act of 2009 (42 

22 U.S.C. 10361 et seq.) and other applicable law; 

23 (11) the hazard mitigation plans of States and 

24 Indian tribes; 


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1 (12) the water management plans of States and 

2 Indian tribes; 

3 (13) State property insurance programs; and 

4 (14) other State-based strategies that imple5 ment natural resources adaptation activities to reme6 diate the ongoing and expected effects of climate 

7 change. 

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

9 least every 5 years. 

10 (g) FUNDING.— 

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

12 under section 9 shall be used only for activities con13 sistent with a State plan approved by the Secretary 

14 and, as appropriate, the Secretary of Commerce. 

15 (2) FUNDING PRIOR TO THE APPROVAL OF A

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

17 3 years after the date of the enactment of this Act 

18 or the date on which a State plan is approved, a 

19 State shall be eligible to receive funding under sec20 tion 9 for natural resources adaptation activities 

21 that are— 

22 (A) consistent with the comprehensive 

23 wildlife strategy of the State and, where appro24 priate, other natural resources conservation 

25 strategies; and 


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1 (B) in accordance with a work plan made 

2 available to relevant Federal agencies. 

3 (3) PENDING APPROVAL.—During the period 

4 for which approval of a State plan by the applicable 

5 Secretary is pending, the State may continue to re6 ceive funds under this Act pursuant to the work 

7 plan described in paragraph (2)(B). 

8 SEC. 9. NATURAL RESOURCES CLIMATE CHANGE ADAPTA9 TION FUND. 

10 (a) ESTABLISHMENT OF FUND.—There is estab11 lished in the Treasury a separate account, to be known 

12 as the ‘‘Natural Resources Climate Change Adaptation 

13 Fund’’ (referred to in this section as the ‘‘Fund’’). 

14 (b) AVAILABILITY OF AMOUNTS.— 

15 (1) IN GENERAL.—All amounts deposited into 

16 the Fund shall be available without further appro17 priation or fiscal year limitation. 

18 (2) PAYMENTS.—Subject to the requirements of 

19 programs authorized as of the date of enactment of 

20 this Act, the Secretary and the Secretary of Agri21 culture may distribute payments from the Fund in 

22 accordance with subsection (c). 

23 (c) DISTRIBUTION OF AMOUNTS.— 

24 (1) STATES.—Of the amounts made available 

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1 cent shall be provided to the Secretary for distribu2 tion to States to carry out natural resources adapta3 tion activities in accordance with natural resources 

4 adaptation plans approved under section 8, and shall 

5 be distributed as follows: 

6 (A) 32.5 percent shall be available to State 

7 wildlife agencies in accordance with the appor8 tionment formula established under the second 

9 subsection (c) (relating to the apportionment of 

10 the Wildlife Conservation and Restoration Ac11 count) of section 4 of the Pittman-Robertson 

12 Wildlife Restoration Act (16 U.S.C. 669c); and 

13 (B) 6 percent shall be available to State 

14 coastal agencies pursuant to the formula estab15 lished by the Secretary of Commerce under sec16 tion 306(c) of the Coastal Management Act of 

17 1972 (16 U.S.C. 1455(c)). 

18 (2) NATURAL RESOURCES ADAPTATION.—Of 

19 the amounts made available for each fiscal year to 

20 carry out this Act— 

21 (A) 17 percent shall be allocated to the 

22 Secretary for use in funding— 

23 (i) natural resources adaptation activi24 ties carried out— 


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1 (I) under endangered species, mi2 gratory species, and other fish and 

3 wildlife programs administered by the 

4 National Park Service, the United 

5 States Fish and Wildlife Service, the 

6 Bureau of Indian Affairs, and the Bu7 reau of Land Management; 

8 (II) on wildlife refuges, National 

9 Park Service land, and other public 

10 land under the jurisdiction of the 

11 United States Fish and Wildlife Serv12 ice, the Bureau of Land Management, 

13 the Bureau of Indian Affairs, or the 

14 National Park Service; 

15 (III) by the Bureau of Reclama16 tion; 

17 (IV) by the United States Geo18 logical Survey; and 

19 (V) in Indian Country or on Na20 tive village or Regional Corporation 

21 land in Alaska; and 

22 (ii) the implementation of the pro23 gram; 

24 (B) 5 percent shall be allocated to the Sec25 retary for natural resources adaptation activiVerDate Nov 24 2008 22:46 Oct 27, 2009 Jkt 089200 PO 00000 Frm 00027 Fmt 6652 Sfmt 6201 E:\BILLS\S1933.IS S1933

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1 ties carried out through cooperative grant pro2 grams, such as— 

3 (i) the cooperative endangered species 

4 conservation fund authorized under section 

5 6 of the Endangered Species Act of 1973 

6 (16 U.S.C. 1535); 

7 (ii) programs under the North Amer8 ican Wetlands Conservation Act (16 

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

10 (iii) the Neotropical Migratory Bird 

11 Conservation Fund established by section 

12 9(a) of the Neotropical Migratory Bird 

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

14 (iv) the Coastal Program of the 

15 United States Fish and Wildlife Service; 

16 (v) the National Fish Habitat Action 

17 Plan dated April 24, 2006 (including any 

18 revisions or amendments made to the Na19 tional Fish Habitat Action Plan after April 

20 24, 2006); 

21 (vi) the Partners for Fish and Wildlife 

22 Program, as carried out by the Secretary 

23 under section 4 of the Partners for Fish 

24 and Wildlife Act (16 U.S.C. 3773); 


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1 (vii) the Landowner Incentive Pro2 gram, as established by the Secretary in 

3 the matter under the heading ‘‘LAND4 OWNER INCENTIVE PROGRAM’’ under the 

5 heading ‘‘UNITED STATES FISH AND

6 WILDLIFE SERVICE’’ of title I of the De7 partment of the Interior, Environment, 

8 and Related Agencies Appropriations Act, 

9 2006 (Public Law 109–54; 119 Stat. 504); 

10 (viii) the Wildlife Without Borders 

11 Program of the United States Fish and 

12 Wildlife Service; 

13 (ix) the Migratory Species Program 

14 and Park Flight Migratory Bird Program 

15 of the National Park Service; 

16 (x) the Water for America or other 

17 programs carried out by the Bureau of 

18 Reclamation; and 

19 (xi) programs under— 

20 (I) subtitle A of title VI of the 

21 Omnibus Public Land Management 

22 Act of 2009 (16 U.S.C. 1015 et seq.); 

23 (II) subtitle F of title IX of the 

24 Omnibus Public Land Management 


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1 Act of 2009 (42 U.S.C. 10361 et 

2 seq.); and 

3 (III) other applicable law; 

4 (C) 3 percent shall be allocated to the Sec5 retary to provide financial assistance to Indian 

6 tribes to carry out natural resources adaptation 

7 activities through the Tribal Wildlife Grants 

8 Program of the United States Fish and Wildlife 

9 Service or other programs; and 

10 (D) 12 percent shall be allocated for acqui11 sition of land or interests in land to carry out 

12 natural resources adaptation activities as fol13 lows: 

(i) 1 14 ⁄6 shall be allocated to the Sec15 retary of Agriculture to provide financial 

16 assistance to States and Indian tribes to 

17 carry out natural resources adaptation ac18 tivities through the acquisition of land and 

19 interests in land under section 7 of the Co20 operative Forestry Assistance Act of 1978 

21 (16 U.S.C. 2103c). 

(ii)(I) The remainder 5 22 ⁄6 shall be de23 posited in the Land and Water Conserva24 tion Fund established under section 2 of 

25 the Land and Water Conservation Fund 


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1 Act of 1965 (16 U.S.C. 460l–5) to be fur2 ther allocated as follows: 

(aa) 1 3 ⁄6 of the funds provided by 

4 this subparagraph shall be allocated 

5 to the Secretary to carry out natural 

6 resources adaptation activities 

7 through the acquisition of land and 

8 interests in land under section 6 of 

9 the Land and Water Conservation 

10 Fund Act of 1965 (16 U.S.C. 460l– 

11 8), to be made available on a competi12 tive basis to States, in accordance 

13 with the natural resources adaptation 

14 plans of States, and to Indian tribes, 

15 and in accordance with subclause 

16 (IV). 

(bb) 1 17 ⁄3 of the funds provided by 

18 this subparagraph shall be allocated 

19 to the Secretary to carry out natural 

20 resources adaptation activities 

21 through the acquisition of lands and 

22 interests in land under section 7 of 

23 the Land and Water Conservation 

24 Fund Act of 1965 (16 U.S.C. 460l– 

25 9). 


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(cc) 1 1 ⁄3 of the funds provided by 

2 this subparagraph shall be allocated 

3 to the Secretary of Agriculture to 

4 carry out natural resources adaptation 

5 activities through the acquisition of 

6 land and interests in land under sec7 tion 7 of the Land and Water Con8 servation Fund Act of 1965 (16 

9 U.S.C. 460l–9). 

10 (II) Deposits in the Land and Water 

11 Conservation Fund under this clause 

12 shall— 

13 (aa) be supplemental to funds 

14 provided under section 3 of the Land 

15 and Water Conservation Fund Act of 

16 1965 (16 U.S.C. 460l–6), which shall 

17 remain available for nonadaptation 

18 needs; and 

19 (bb) be available to carry out this 

20 Act without further appropriation or 

21 fiscal year limitation. 

22 (III) Amounts under subclause (I)(aa) 

23 shall be made available— 

24 (aa) notwithstanding section 5 of 

25 the Land and Water Conservation 


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1 Fund Act of 1965 (16 U.S.C. 460l– 

2 7); and 

3 (bb) in addition to any funds 

4 provided pursuant to appropriations, 

5 the Energy Policy Act of 2005 (42 

6 U.S.C. 15801 et seq.), or any other 

7 authorization. 

8 (iii) In allocating funds under this 

9 subparagraph, the Secretary and the Sec10 retary of Agriculture shall take into con11 sideration factors including— 

12 (I) the availability of non-Federal 

13 contributions from State, local, or pri14 vate sources; 

15 (II) opportunities to protect fish 

16 and wildlife corridors or otherwise to 

17 link or consolidate fragmented habi18 tats; 

19 (III) opportunities to reduce the 

20 risk of severe wildfires, drought, ex21 treme flooding, or other climate-re22 lated events that are harmful to fish 

23 and wildlife and people; and 


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1 (IV) the potential for conserva2 tion of species or habitat types at seri3 ous risk due to climate change. 

4 (3) NATIONAL FOREST AND GRASSLAND ADAP5 TATION.—Of the amounts made available for each 

6 fiscal year to carry out this Act, 5 percent shall be 

7 allocated to the Forest Service, through the Sec8 retary of Agriculture— 

9 (A) to fund natural resources adaptation 

10 activities (including water-related adaptation 

11 activities) carried out in national forests and 

12 national grasslands under the jurisdiction of the 

13 Forest Service; and 

14 (B) to carry out natural resources adapta15 tion activities on State, tribal, and private for16 est land carried out under the Cooperative For17 estry Assistance Act of 1978 (16 U.S.C. 2101 

18 et seq.) and other authorized cooperative grant 

19 programs. 

20 (4) COASTAL, ESTUARINE, AND MARINE SYSTEM

21 ADAPTATION.—Of the amounts made available for 

22 each fiscal year to carry out this Act, 7 percent shall 

23 be allocated to the Secretary of Commerce, working 

24 in cooperation with other Federal agencies, States, 

25 Indian tribes, local governments, scientists, and 


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1 other conservation partners, to fund coastal, estua2 rine, and marine natural resources adaptation activi3 ties, through programs such as— 

4 (A) the coastal and estuarine land con5 servation program administered by the National 

6 Oceanic and Atmospheric Administration; 

7 (B) the community-based restoration pro8 gram for fishery and coastal habitats estab9 lished under section 117 of the Magnuson-Ste10 vens Fishery Conservation and Management 

11 Reauthorization Act of 2006 (16 U.S.C. 

12 1891a); 

13 (C) the Coastal Zone Management Act of 

14 1972 (16 U.S.C. 1451 et seq.) that are specifi15 cally designed to strengthen the ability of coast16 al, estuarine, and marine resources, habitats, 

17 and ecosystems to adapt to and withstand the 

18 ongoing and expected impacts of climate 

19 change; 

20 (D) the Open Rivers Initiative; 

21 (E) the Magnuson-Stevens Fishery Con22 servation and Management Act (16 U.S.C. 

23 1801 et seq.); 

24 (F) the Marine Mammal Protection Act of 

25 1972 (16 U.S.C. 1361 et seq.); 


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1 (G) the Endangered Species Act of 1973 

2 (16 U.S.C. 1531 et seq.); 

3 (H) the Marine Protection, Research, and 

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

5 seq.); 

6 (I) the Coral Reef Conservation Act of 

7 2000 (16 U.S.C. 6401 et seq.); and 

8 (J) the Estuary Restoration Act of 2000 

9 (33 U.S.C. 2901 et seq.). 

10 (5) ESTUARINE AND FRESHWATER ECOSYSTEM

11 ADAPTATION.—Of the amounts made available for 

12 each fiscal year to carry out this Act, 7.5 percent 

13 shall be allocated to the Administrator of the Envi14 ronmental Protection Agency and 5 percent shall be 

15 available to the Secretary of the Army for use by the 

16 Corps of Engineers, working in cooperation with 

17 other applicable Federal agencies, for natural re18 sources adaptation activities for— 

19 (A) large-scale freshwater aquatic eco20 systems, such as the Everglades, the Great 

21 Lakes, Flathead Lake, the Missouri River, the 

22 Mississippi River, the Colorado River, the Sac23 ramento-San Joaquin Rivers, the Ohio River, 

24 the Columbia-Snake River System, the Apa25 lachicola, Chattahoochee, and Flint River SysVerDate Nov 24 2008 22:46 Oct 27, 2009 Jkt 089200 PO 00000 Frm 00036 Fmt 6652 Sfmt 6201 E:\BILLS\S1933.IS S1933

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1 tem, the Connecticut River, Middle Rio Grande 

2 River, and the Yellowstone River; 

3 (B) large-scale estuarine ecosystems, such 

4 as Chesapeake Bay, Long Island Sound, Puget 

5 Sound, the Mississippi River Delta, the San 

6 Francisco Bay Delta, Narragansett Bay, and 

7 Albemarle-Pamlico Sound; 

8 (C) freshwater and estuarine ecosystems, 

9 watersheds, and basins identified and 

10 prioritized by the Administrator of the Environ11 mental Protection Agency or the Corps of Engi12 neers, working in cooperation with other Fed13 eral agencies, States, tribal governments, local 

14 governments, scientists, and other conservation 

15 partners; 

16 (D) estuary habitat restoration projects 

17 authorized by the Estuary Restoration Act of 

18 2000 (33 U.S.C. 2901 et seq.); 

19 (E) aquatic restoration and protection 

20 projects authorized by section 206 of the Water 

21 Resources Development Act of 1996 (33 U.S.C. 

22 2330); and 

23 (F) other appropriate programs and activi24 ties. 


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1 (d) USE OF FUNDS BY FEDERAL AGENCIES.—Funds 

2 allocated to Federal agencies under this section shall only 

3 be used for natural resources adaptation activities con4 sistent with a natural resources adaptation plan approved 

5 under section 7. 

6 (e) STATE COST SHARING.—Notwithstanding any 

7 other provision of law, a State that receives a grant under 

8 this section shall use funds from non-Federal sources to 

9 pay not less than 10 percent of the costs of each activity 

10 carried out under the grant. 

11 SEC. 10. ADDITIONAL PROVISIONS REGARDING INDIAN 

12 TRIBES. 

13 (a) FEDERAL TRUST RESPONSIBILITY.—Nothing in 

14 this Act alters the Federal trust responsibility to any In15 dian tribe, or any treaty or other right of any Indian tribe. 

16 (b) APPLICATION OF OTHER LAW.—The Secretary 

17 may apply the provisions of the Indian Self-Determination 

18 and Education Assistance Act (25 U.S.C. 450 et seq.) in 

19 the implementation of this Act. 

Æ 


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