II 

114TH CONGRESS 

1ST SESSION S. 1601 

To establish an integrated national approach to respond to ongoing and 

expected effects of extreme weather and climate change by protecting, 

managing, and conserving the fish, wildlife, and plants of the United 

States, and to maximize Government efficiency and reduce costs, in 

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

and for other purposes. 

IN THE SENATE OF THE UNITED STATES 

JUNE 17, 2015 

Mr. WHITEHOUSE introduced the following bill; which was read twice and 

referred to the Committee on Environment and Public Works 

A BILL 

To establish an integrated national approach to respond to 

ongoing and expected effects of extreme weather and 

climate change by protecting, managing, and conserving 

the fish, wildlife, and plants of the United States, and 

to maximize Government efficiency and reduce costs, in 

cooperation with State, local, and tribal governments and 

other entities, 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, 


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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) healthy, diverse, and productive commu7 nities of fish, wildlife, and plants provide significant 

8 benefits to the people and economy of the United 

9 States, including— 

10 (A) abundant clean water supplies; 

11 (B) flood and coastal storm protection; 

12 (C) clean air; 

13 (D) a source of food, fiber, medicines, and 

14 pollination of the crops and other plants of the 

15 United States; 

16 (E) outdoor recreation, which is a source 

17 of jobs and economic stimulus; 

18 (F) hunting and fishing opportunities and 

19 support for subsistence communities; 

20 (G) opportunities for scientific research 

21 and education; 

22 (H) world-class tourism destinations that 

23 support local economies; and 

24 (I) sequestration and storage of carbon to 

25 help mitigate changes to the global climate sys26 tem; 


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1 (2) the United States Geological Survey, Na2 tional Oceanic and Atmospheric Administration, Na3 tional Aeronautics and Space Administration, and 

4 other agencies within the United States Global 

5 Change Research Program have observed that the 

6 fish, wildlife, and plants of the United States are 

7 facing increasing risks from changing patterns of ex8 treme weather and climate, including— 

9 (A) severe droughts and heatwaves; 

10 (B) severe storms and floods; 

11 (C) frequent and severe wildfires; 

12 (D) more frequent and severe outbreaks of 

13 forest pests and invasive species; 

14 (E) flooding and erosion of coastal areas 

15 due to rising sea levels; 

16 (F) melting glaciers and sea ice; 

17 (G) thawing permafrost; 

18 (H) shifting distributions of fish, wildlife, 

19 and plant populations; 

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

21 wildlife, and plant natural history cycles, such 

22 as blooming, breeding, and seasonal migrations; 

23 (J) increasing ocean temperatures and 

24 acidification; 


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1 (K) altered patterns of rain, snow, runoff, 

2 and streamflow; and 

3 (L) habitat loss, degradation, fragmenta4 tion, and movement; and 

5 (3) the Federal Government should provide 

6 leadership in preparing for and responding to the ef7 fects described in paragraph (2) to ensure that 

8 present and future generations continue to receive 

9 the benefits of the abundant and diverse fish, wild10 life, and plant resources of the United States. 

11 (b) PURPOSES.—The purpose of this Act is to estab12 lish an integrated national approach— 

13 (1) to respond to ongoing and expected effects 

14 of extreme weather and climate change by pro15 tecting, managing, and conserving the fish, wildlife, 

16 and plants of the United States; and 

17 (2) to maximize Government efficiency and re18 duce costs, in cooperation with State, local, and trib19 al governments and other entities. 

20 (c) NATIONAL FISH, WILDLIFE, AND PLANTS CLI21 MATE CHANGE ADAPTATION POLICY.—It is the policy of 

22 the Federal Government, in cooperation with State and 

23 local governments, Indian tribes, and other interested 

24 stakeholders to evaluate and reduce the increased risks 

25 and vulnerabilities associated with climate change and exVerDate Sep 11 2014 00:54 Jun 20, 2015 Jkt 049200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\S1601.IS S1601

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1 treme weather events, and to use all practicable means to 

2 protect, manage, and conserve healthy, diverse, and pro3 ductive fish, wildlife, and plant populations. 

4 SEC. 3. DEFINITIONS. 

5 In this Act: 

6 (1) ADAPTATION.—The term ‘‘adaptation’’ 

7 means— 

8 (A) the process of adjustment to actual or 

9 expected climate and the effects of climate 

10 change; and 

11 (B) with respect to fish, wildlife, and 

12 plants, protection, management, and conserva13 tion efforts designed to maintain or enhance the 

14 ability of fish, wildlife, and plants to withstand, 

15 adjust to, or recover from the effects of extreme 

16 weather and climate change (including, where 

17 applicable, ocean acidification, drought, flood18 ing, and wildfire). 

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

20 National Climate Change and Wildlife Science Cen21 ter established under section 6(a)(1). 

22 (3) COMMITTEE.—The term ‘‘Committee’’ 

23 means the Advisory Committee on Climate Change 

24 and Natural Resource Sciences established under 

25 section 6(b)(1). 


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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) decomposition; 

6 (B) disease epizootiology; 

7 (C) disturbance regimes, such as fire and 

8 flooding; 

9 (D) gene flow; 

10 (E) hydrological cycling; 

11 (F) larval dispersal and settlement; 

12 (G) nutrient cycling; 

13 (H) pollination; 

14 (I) predator-prey relationships; and 

15 (J) soil formation. 

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) HABITAT CONNECTIVITY.—The term ‘‘habi22 tat connectivity’’ means areas that facilitate terres23 trial, marine, estuarine, and freshwater fish, wildlife, 

24 or plant movement that is necessary— 


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1 (A) for migration, gene flow, or dispersal; 

2 or 

3 (B) to respond to the ongoing and ex4 pected effects of climate change (including, 

5 where applicable, ocean acidification, drought, 

6 flooding, and wildfire). 

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

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

9 Indian Self-Determination and Education Assistance 

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

11 (8) NATIONAL STRATEGY.—The term ‘‘National 

12 Strategy’’ means the National Fish, Wildlife, and 

13 Plants Climate Adaptation Strategy released March 

14 26, 2013. 

15 (9) RESILIENCE; RESILIENT.—The terms ‘‘re16 silience’’ and ‘‘resilient’’ mean the ability to antici17 pate, prepare for, and adapt to changing conditions 

18 and withstand, respond to, and recover rapidly from 

19 disruptions. 

20 (10) 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 (11) WORKING GROUP.—The term ‘‘Working 

7 Group’’ means the National Fish, Wildlife, and 

8 Plants Climate Adaptation Strategy Joint Imple9 mentation Working Group established under section 

10 4(a). 

11 SEC. 4. NATIONAL FISH, WILDLIFE, AND PLANTS CLIMATE 

12 ADAPTATION STRATEGY JOINT IMPLEMENTA13 TION WORKING GROUP. 

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

15 the date of enactment of this Act, the President shall es16 tablish a National Fish, Wildlife, and Plants Climate Ad17 aptation Strategy Joint Implementation Working Group 

18 composed of the heads of Federal and State agencies or 

19 departments with jurisdiction over fish, wildlife, and plant 

20 resources of the United States, and tribal representatives, 

21 as follows: 

22 (1) The Administrator of the Environmental 

23 Protection Agency. 

24 (2) The Administrator of the Federal Emer25 gency Management Agency. 


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1 (3) The Administrator of the National Oceanic 

2 and Atmospheric Administration. 

3 (4) The Chair of the Council on Environmental 

4 Quality. 

5 (5) The Chief of Engineers. 

6 (6) The Chief of the Forest Service. 

7 (7) The Commissioner of Reclamation. 

8 (8) The Director of the Bureau of Indian Af9 fairs. 

10 (9) The Director of the Bureau of Land Man11 agement. 

12 (10) The Director of the National Park Service. 

13 (11) The Director of the United States Fish 

14 and Wildlife Service. 

15 (12) The Director of the United States Geologi16 cal Survey. 

17 (13) The Secretary of Agriculture. 

18 (14) The Secretary of Defense. 

19 (15) State representatives from each regional 

20 association of State fish and wildlife agencies. 

21 (16) Not less than 2 tribal representatives. 

22 (b) DUTIES.—The Working Group shall serve as a 

23 forum for interagency consultation on, and the coordina24 tion of, the development and implementation of the Na25 tional Strategy. 


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1 (c) CO-CHAIRS.—There shall be 4 co-chairs, of 

2 whom— 

3 (1) 2 shall be representatives of the Federal 

4 Government; 

5 (2) 1 shall be a representative of a State; and 

6 (3) 1 shall be a tribal representative. 

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

8 ADAPTATION STRATEGY. 

9 (a) IN GENERAL.—The Working Group shall adopt 

10 the National Strategy to protect, manage, and conserve 

11 fish, wildlife, and plants to maintain the inherent resil12 ience and adaptability of fish, wildlife, and plants to with13 stand the ongoing and expected effects of extreme weather 

14 and climate change. 

15 (b) REVIEW AND REVISION.—Not later than 1 year 

16 after each release of the assessment required under section 

17 106 of the Global Change Research Act of 1990 (15 

18 U.S.C. 2936), the Working Group shall— 

19 (1) use sound science to review and revise the 

20 National Strategy to incorporate— 

21 (A) new information regarding the ongoing 

22 and expected effects of climate change on fish, 

23 wildlife, and plants; and 

24 (B) advances in the development of fish, 

25 wildlife, and plant adaptation strategies; and 


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1 (2) in carrying out paragraph (1), provide pub2 lic notice and opportunity for comment. 

3 (c) CONTENTS.—A revised National Strategy shall— 

4 (1) assess the vulnerability of fish, wildlife, and 

5 plants to climate change, including short-term, me6 dium-term, long-term, and cumulative impacts; 

7 (2) describe current, observation, and moni8 toring activities at the Federal, State, tribal, and 

9 local levels relating to the ongoing and expected ef10 fects of climate change on fish, wildlife, and plants; 

11 (3) identify and prioritize research and data 

12 needs; 

13 (4) identify fish, wildlife, and plants likely to 

14 have the greatest need for protection, restoration, 

15 and conservation due to the ongoing and expanding 

16 effects of extreme weather and climate change; 

17 (5) include specific protocols for integrating 

18 fish, wildlife, and plant adaptation strategies and ac19 tivities into the conservation and management of 

20 natural resources by Federal agencies to ensure con21 sistency across agency jurisdictions; 

22 (6) identify opportunities for maintaining, re23 storing, or enhancing fish, wildlife, and plants to re24 duce the risks of extreme weather and climate 

25 change on other vulnerable sectors of society; 


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1 (7) identify Federal policies and actions that 

2 may reduce resilience and increase the vulnerability 

3 of fish, wildlife, and plants to extreme weather and 

4 climate change; 

5 (8) include specific actions that Federal agen6 cies shall take to protect, conserve, and manage fish, 

7 wildlife, and plants to maintain the inherent resil8 ience and adaptability of fish, wildlife, and plants to 

9 withstand, adjust to, or recover from the ongoing 

10 and expected effects of climate change, including a 

11 timeline to implement those actions; 

12 (9) include specific mechanisms for ensuring 

13 communication and coordination— 

14 (A) among Federal agencies; and 

15 (B) between Federal agencies and State 

16 agencies, territories of the United States, In17 dian tribes, private landowners, conservation or18 ganizations, and other countries that share ju19 risdiction over fish, wildlife, and plants with the 

20 United States; 

21 (10) include specific actions to develop and im22 plement coordinated fish, wildlife, and plants inven23 tory and monitoring protocols through interagency 

24 coordination and collaboration with States and local 


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1 governments, Indian tribes, and private organiza2 tions; and 

3 (11) include procedures for guiding the develop4 ment of detailed strategy implementation plans re5 quired under section 7. 

6 (d) IMPLEMENTATION.— 

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

8 and Federal trust responsibilities concerning Indian 

9 land or rights of Indians under treaties with the 

10 United States, each Federal agency shall integrate 

11 the elements of the National Strategy that relate to 

12 conservation, management, and protection of fish, 

13 wildlife, and plants into agency plans, environmental 

14 reviews, and programs. 

15 (2) PUBLIC REPORT.—The Working Group 

16 shall, on a biannual basis, between revisions to the 

17 National Strategy, make available to the public a re18 port documenting any actions implementing the 

19 Strategy. 

20 (3) COORDINATION.—The Working Group shall 

21 coordinate the implementation of the National Strat22 egy with Federal agencies not represented on the 

23 Working Group to achieve the policy of the United 

24 States described in section 2(c). 


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1 SEC. 6. FISH, WILDLIFE, AND PLANTS ADAPTATION 

2 SCIENCE AND INFORMATION. 

3 (a) NATIONAL CLIMATE CHANGE AND WILDLIFE

4 SCIENCE CENTER.— 

5 (1) AUTHORIZATION.—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. 

10 (2) DUTIES OF CENTER.—The Center shall as11 sess and develop scientific information, tools, strate12 gies, and techniques to support the Working Group, 

13 Federal and State agencies, tribes, regionally based 

14 science and conservation centers, regional coordi15 nating entities, and other interested parties in ad16 dressing the effects of extreme weather and climate 

17 change on fish, wildlife, and plants. 

18 (3) GENERAL AUTHORITY TO ENTER INTO CON19 TRACTS, GRANTS, AND COOPERATIVE AGREE20 MENTS.—The Secretary may enter into contracts, 

21 grants, or cooperative agreements with State agen22 cies, State cooperative extension services, institutions 

23 of higher education, other research or educational 

24 institutions and organizations, tribal organizations, 

25 Federal and private agencies and organizations, indi26 viduals, and any other contractor or recipient, to 


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1 further the duties under paragraph (2) without re2 gard to— 

3 (A) any requirements for competition; 

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

5 Code; or 

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

7 of title 31, United States Code. 

8 (b) ADVISORY COMMITTEE ON CLIMATE CHANGE

9 AND NATURAL RESOURCE SCIENCES.— 

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

11 after the date of enactment of this Act, and pursu12 ant to the Federal Advisory Committee Act (5 

13 U.S.C. App.), the Secretary of the Interior shall es14 tablish an Advisory Committee on Climate Change 

15 and Natural Resource Sciences. 

16 (2) MEMBERSHIP.—The Committee shall be 

17 comprised of 25 members who— 

18 (A) represent— 

19 (i) Federal agencies; 

20 (ii) State, local, and tribal govern21 ments; 

22 (iii) nongovernmental organizations; 

23 (iv) academic institutions; and 

24 (v) the private sector; and 

25 (B) have expertise in— 


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1 (i) biology (including fish, wildlife, 

2 plant, aquatic, coastal, and marine biol3 ogy); 

4 (ii) ecology; 

5 (iii) climate change (including, where 

6 applicable, ocean acidification, drought, 

7 flooding, and wildfire); and 

8 (iv) other relevant scientific dis9 ciplines. 

10 (3) CHAIR.—The Secretary of the Interior shall 

11 appoint a Committee Chair from among the mem12 bers of the Committee. 

13 (4) DUTIES.—The Committee shall— 

14 (A) advise the Working Group on the state 

15 of the science regarding— 

16 (i) the ongoing and expected effects of 

17 extreme weather and climate change on 

18 fish, wildlife, and plants; and 

19 (ii) scientific strategies and mecha20 nisms for fish, wildlife, and plant adapta21 tion; 

22 (B) identify and recommend priorities for 

23 ongoing research needs on the issues described 

24 in subparagraph (A) to inform the research pri25 orities of the Center described in subsection (a) 


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1 and other Federal climate science institutions; 

2 and 

3 (C) review and comment on each revised 

4 National Strategy before that National Strategy 

5 is finalized. 

6 (5) COLLABORATION.—The Committee shall 

7 collaborate with climate change and fish, wildlife, 

8 and plant research entities in other Federal agencies 

9 and departments. 

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

11 recommendations of the Committee shall be made 

12 available to the public. 

13 SEC. 7. STRATEGY IMPLEMENTATION PLAN. 

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

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

16 after the date of each revision of the National Strategy, 

17 the Working Group shall— 

18 (1) complete a strategy implementation plan; 

19 (2) provide opportunities for public review and 

20 comment on the plan; and 

21 (3) submit the plan to the President for ap22 proval. 

23 (b) REQUIREMENTS.—The strategy implementation 

24 plan shall— 


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1 (1) identify and prioritize specific conservation 

2 and management strategies and actions that address 

3 the ongoing and expected effects of extreme weather 

4 and climate change on fish, wildlife, and plants, in5 cluding— 

6 (A) protection, management, and conserva7 tion of terrestrial, marine, estuarine, and fresh8 water habitats and ecosystems; 

9 (B) establishment of terrestrial, marine, 

10 estuarine, and freshwater habitat connectivity 

11 corridors; 

12 (C) restoration and conservation of ecologi13 cal processes; 

14 (D) protection of a broad diversity of spe15 cies of fish, wildlife, and plant populations; and 

16 (E) protection of fish, wildlife, and plant 

17 health, recognizing that climate can alter the 

18 distribution and ecology of parasites, pathogens, 

19 and vectors; 

20 (2) establish methods— 

21 (A) to assess the effectiveness of strategies 

22 and conservation actions implemented by the 

23 agencies to protect, manage, and conserve fish, 

24 wildlife, and plants; and 


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1 (B) to update those strategies and actions 

2 to respond to new information and changing 

3 conditions; 

4 (3) describe current and proposed mechanisms 

5 to enhance cooperation and coordination of fish, 

6 wildlife, and plant adaptation efforts with other Fed7 eral agencies, State and local governments, Indian 

8 tribes, and nongovernmental stakeholders; 

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

11 (5) identify and assess data and information 

12 gaps necessary to develop fish, wildlife, and plant 

13 adaptation plans and strategies. 

14 (c) IMPLEMENTATION.— 

15 (1) IN GENERAL.—On approval by the Presi16 dent, each Federal agency shall, consistent with ex17 isting authority, implement the strategy implementa18 tion plan under subsection (a)(1) through existing 

19 and new plans, policies, programs, activities, and ac20 tions, including integration into climate adaptation 

21 plans pursuant to Executive Order 13653 (42 

22 U.S.C. 4321 note; relating to preparation for the im23 pacts of climate change). 

24 (2) CONSIDERATION OF EFFECTS.—To the 

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1 isting authority, fish, wildlife, and plant conservation 

2 and management decisions made by each Federal 

3 agency shall consider and promote resilience to the 

4 ongoing and expected effects of extreme weather and 

5 climate change. 

6 (d) REVISION AND REVIEW.—Not later than 1 year 

7 after the National Strategy is revised under section 5(b), 

8 the Working Group shall review and revise the strategy 

9 implementation plan under subsection (a)(1) to incor10 porate the best available science, including advice and in11 formation pursuant to section 6 and other information, re12 garding the ongoing and expected effects of climate 

13 change on fish, wildlife, and plants. 

14 SEC. 8. STATE FISH, WILDLIFE, AND PLANTS ADAPTATION 

15 PLANS. 

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

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

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

19 after the date of each revision of the National Strategy, 

20 each State shall prepare and submit to the Secretary of 

21 the Interior and the Secretary of Commerce, a State fish, 

22 wildlife, and plant adaptation plan detailing current and 

23 future efforts of the State to address the ongoing and ex24 pected effects of climate change on fish, wildlife, and 


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1 plants and coastal areas within the jurisdiction of the 

2 State. 

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

5 (1) review each State adaptation plan; and 

6 (2) approve a State adaptation plan if the 

7 plan— 

8 (A) meets the requirements of subsection 

9 (c); and 

10 (B) is consistent with the National Strat11 egy. 

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 Director of the 

19 United States Fish and Wildlife Service; and 

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

21 the Director of the United States Fish and 

22 Wildlife Service; 

23 (3) include the adaptation provisions of a state24 wide assessment and strategy for forest resources re25 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 Administrator of the 

12 National Oceanic and Atmospheric Administra13 tion; and 

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

15 the Administrator of the National Oceanic and 

16 Atmospheric Administration. 

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

18 funds made available pursuant to this Act shall be— 

19 (1) used to carry out activities in accordance 

20 with adaptation plans approved under this section; 

21 and 

22 (2) made available through— 

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1 dated Appropriations Act, 2008 (Public Law 

2 110–161; 121 Stat. 2103); and 

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

4 306 of the Coastal Zone Management Act of 

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

6 (ii) the Coastal and Estuarine Land Con7 servation Program established under title II of 

8 the Department of Commerce and Related 

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

10 1456d); and 

11 (iii) programs established under the Coop12 erative Forestry Assistance Act of 1978 (16 

13 U.S.C. 2101 et seq.). 

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

15 plan, a State shall solicit and consider input from the pub16 lic and independent scientists. 

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

18 adaptation plan shall, where appropriate, integrate the 

19 goals and measures set forth in other climate adaptation, 

20 hazard mitigation, and fish, wildlife, and plant conserva21 tion strategies and plans. 

22 (g) UPDATES.—Each State adaptation plan shall be 

23 updated at least every 4 years. 


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1 SEC. 9. AUTHORIZATION OF APPROPRIATIONS. 

2 There are authorized to be appropriated to carry out 

3 this Act such sums as are necessary. 

Æ 


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