```

[Congressional Bills 114th Congress]
[From the U.S. Government Publishing Office]
[H.R. 6448 Introduced in House (IH)]

<DOC>

114th CONGRESS
  2d Session
                                H. R. 6448

To establish the National Wildlife Corridors System to provide for the 
protection and restoration of native fish, wildlife, and plant species 
 and their habitats in the United States that have been diminished by 
  habitat loss, degradation, fragmentation, and obstructions, and for 
                            other purposes.

_______________________________________________________________________

                    IN THE HOUSE OF REPRESENTATIVES

                            December 7, 2016

  Mr. Beyer introduced the following bill; which was referred to the 
 Committee on Natural Resources, and in addition to the Committees on 
Armed Services, Agriculture, and Transportation and Infrastructure, for 
a period to be subsequently determined by the Speaker, in each case for 
consideration of such provisions as fall within the jurisdiction of the 
                          committee concerned

_______________________________________________________________________

                                 A BILL

 
To establish the National Wildlife Corridors System to provide for the 
protection and restoration of native fish, wildlife, and plant species 
 and their habitats in the United States that have been diminished by 
  habitat loss, degradation, fragmentation, and obstructions, and for 
                            other purposes.

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

SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

    (a) Short Title.--This Act may be cited as the ``Wildlife Corridors 
Conservation Act of 2016''.
    (b) Table of Contents.--The table of contents for this Act is as 
follows:

Sec. 1. Short title; table of contents.
Sec. 2. Findings.
Sec. 3. Establishment of National Wildlife Corridors System.
Sec. 4. Administrative designation of National Wildlife Corridors.
Sec. 5. Protection and management.
Sec. 6. Conservation support.
Sec. 7. National native species habitats and corridors database.
Sec. 8. Wildlife Corridors Stewardship and Protection Fund.
Sec. 9. Protection of Indian tribes.
Sec. 10. Definitions.
Sec. 11. Relationship to other conservation laws.
Sec. 12. Authorization of appropriations.

SEC. 2. FINDINGS.

    Congress makes the following findings:
            (1) America's native fish, wildlife, and plant species are 
        part of our rich natural heritage and an important legacy to 
        pass on to future generations.
            (2) Populations of many native fish, wildlife, and plant 
        species in the United States are declining. Scientists estimate 
        that one in five animal and plant species in the United States 
        is at risk of extinction and many species are declining in 
        numbers.
            (3) One of the greatest threats to the survival and 
        diversity of many native fish, wildlife, and plant species in 
        the United States is the loss, degradation, fragmentation, and 
        obstructions of their natural habitats.
            (4) The conservation of landscape corridors and hydrologic 
        connectivity, where native fish, wildlife, and plant species 
        and ecological processes can transition from one habitat to 
        another, is critical to conserving native biodiversity and 
        ensuring resiliency against impacts from a range of stressors.
            (5) Climate change is a significant threat to native fish, 
        wildlife, and plants. Conserving, restoring, and establishing 
        new ecological connections to facilitate the shift of species 
        into more suitable habitat is a key climate change adaptation 
        strategy.
            (6) Protecting landscape corridors and hydrologic 
        connectivity is a broadly accepted strategy to conserving 
        native fish, wildlife, and plant species and ensuring ecosystem 
        resilience, and it is typically one of the first steps in 
        restoration and recovery planning. For example, States have 
        recognized the importance of connectivity in the Western 
        Governors' Association policy resolution, ``Protecting Wildlife 
        Migration Corridors and Crucial Wildlife Habitat in the West'', 
        and the Conference of New England Governors and Eastern 
        Canadian Premiers' resolution recognizing the importance of 
        ecological connectivity for the adaptability and resilience of 
        their region's ecosystems, biodiversity, and human communities 
        in the face of climate change. The United States Fish and 
        Wildlife Service's Strategic Plan for Responding to 
        Accelerating Climate Change also acknowledges that ``processes 
        such as pollination, seed dispersal, nutrient cycling, natural 
        disturbance cycles, predator-prey relations, and others must be 
        part of the natural landscapes we seek to maintain or restore. 
        These processes are likely to function more optimally in 
        landscapes composed of large habitat blocks connected by well-
        placed corridors.''. The Department of the Interior's Public 
        Land Policy for Implementing Mitigation at the Landscape-Scale 
        includes ``protecting and restoring core, unfragmented habitat 
        areas, and the key linkages among them.''. Federal and State 
        policies continue to be developed to address the importance of 
        conserving fish, wildlife, and plant corridors and ecological 
        connectivity.

SEC. 3. ESTABLISHMENT OF NATIONAL WILDLIFE CORRIDORS SYSTEM.

    (a) Establishment.--There is established a National Wildlife 
Corridors System to provide for the conservation and restoration of 
habitats that support a diversity of ecologically associated native 
fish, wildlife, and plant species in the United States, including 
species protected under Federal law, that have experienced or may in 
the future experience habitat loss, degradation, fragmentation, or 
obstructions of connectivity.
    (b) Purpose.--The purpose of the System is--
            (1) to provide long-term habitat connectivity for native 
        fish, wildlife, and plant species for migration, dispersal, 
        adaptation to climate and other environmental change, and 
        genetic exchange;
            (2) to restore ecological processes that have been 
        disrupted by habitat loss, degradation, fragmentation, or 
        obstructions; and
            (3) to facilitate coordinated landscape- and seascape-scale 
        connectivity planning and management across jurisdictions.
    (c) Components.--The System shall consist of National Wildlife 
Corridors that are designated as part of the System by statute, 
rulemaking, or Federal management plan issuance, revision, or 
amendment.
    (d) Strategy.--
            (1) In general.--Not later than 18 months after the date of 
        the enactment of this Act, the Secretary of the Interior shall 
        issue a strategy for the effective development of the National 
        Wildlife Corridors System that will ensure achievement of the 
        purpose of the System, including consideration of connectivity 
        needs with respect to non-Federal lands and waters, achievement 
        of effective coordination regarding Corridors spanning multiple 
        jurisdictions, and an approximate development timeline. The 
        scope of Corridors to be designated may vary according to the 
        habitat needs of individual or ecologically associated native 
        fish, wildlife, and plant species.
            (2) Consultation and coordination.--The Secretary shall 
        develop the strategy--
                    (A) in consultation with the Secretary of 
                Agriculture, the Secretary of Commerce, the Secretary 
                of Defense, and the Secretary of Transportation; and
                    (B) in coordination with States, tribes, and 
                existing landscape- and seascape-scale partnerships, 
                including the National Fish Habitat Partnership, 
                National Ocean Policy regional planning bodies, Climate 
                Science Centers of the Department of the Interior, and 
                the Landscape Conservation Cooperative Network.

SEC. 4. ADMINISTRATIVE DESIGNATION OF NATIONAL WILDLIFE CORRIDORS.

    (a) In General.--
            (1) Rulemaking requirement.--The Secretary of Agriculture, 
        the Secretary of Commerce, the Secretary of Defense, the 
        Secretary of the Interior, and the Secretary of Transportation 
        shall each within two years after the date of the enactment of 
        this Act, through a rulemaking, create a process for 
        designating lands and waters under their respective 
        administration and control as National Wildlife Corridors in 
        accordance with their land, water, and resource management 
        planning authorities.
            (2) Rulemaking authority.--The Secretary of Agriculture, 
        the Secretary of Commerce, the Secretary of Defense, the 
        Secretary of the Interior, and the Secretary of Transportation 
        may each issue such regulations as he or she considers 
        appropriate to carry out this Act.
            (3) Federal land and water management.--The Secretary of 
        Agriculture, the Secretary of Commerce, the Secretary of 
        Defense, the Secretary of the Interior, and the Secretary of 
        Transportation shall consider designation of National Wildlife 
        Corridors in processes for issuance, revision, or amendment of 
        a management plan or plans for lands and waters under their 
        respective administration and control.
    (b) Criteria for Designation.--Designation of land or water as a 
Corridor under this section--
            (1) shall be based on the best available science;
            (2) may consider information contained in governmental or 
        nongovernmental assessments, plans, monitoring reports, 
        studies, and other sources of relevant information, such as 
        ecoregional assessments, nongovernmental reports, public 
        transportation plans, State wildlife data and action plans, 
        traditional ecological knowledge, and relevant agency reports;
            (3) shall be based on historic, current, or likely future 
        use of the areas by one or more native fish, wildlife, and 
        plant species continuously, annually, or periodically;
            (4) shall support the connectivity, persistence, 
        resilience, and adaptability of native fish, wildlife, and 
        plant species by providing for--
                    (A) dispersal and genetic exchange between 
                populations;
                    (B) range shifting, range expansion, or range 
                restoration, such as in response to climate change;
                    (C) seasonal movement or migration; or
                    (D) succession, movement, or recolonization 
                following--
                            (i) a disturbance, such as fire, flood, 
                        drought, or infestation; or
                            (ii) population decline due to disease or 
                        previous extirpation; and
            (5) shall be informed by the National Native Species 
        Habitats and Corridors Geographic Information System Database 
        established under this Act.
    (c) Designation of Land or Water Requiring Restoration or 
Consolidation of Habitat.--Land or water designated as a Corridor may 
consist of--
            (1) land or water that requires restoration, including--
                    (A) land or water that is degraded; and
                    (B) land or water from which a species is currently 
                absent, but may be colonized or recolonized by the 
                species or to which the species may be reintroduced or 
                restored; and
            (2) fragmented land or water that consists of only a 
        portion of the habitat required for a native fish, wildlife, 
        and plant species to maintain itself.
    (d) Petition for Designation.--The process established under 
subsection (a) shall include procedures under which--
            (1) any person may submit to the appropriate Secretary a 
        petition, along with information supporting such petition, to 
        designate an area under their jurisdiction as a National 
        Wildlife Corridor; and
            (2) such Secretary shall consider and respond to each such 
        petition pursuant to a petition response process developed, 
        through rulemaking, by the Secretary.
    (e) Designation on Military Lands.--
            (1) In general.--Any designation of a Corridor on a 
        military installation--
                    (A) must be consistent with the use of military 
                installations and State-owned National Guard 
                installations to ensure the preparedness of the Armed 
                Forces; and
                    (B) must not result in a net loss in the capability 
                of installation lands to support the military mission 
                of the installation.
            (2) Suspension or termination of designation.--The 
        Secretary of Defense may suspend or terminate any designation 
        of a Corridor on a military installation if the Secretary 
        considers such suspension or termination necessary for military 
        purposes, after publication of--
                    (A) public notice of such suspension or 
                termination; and
                    (B) any steps taken by the department to ensure 
                similar ecological connectivity elsewhere on the 
                military installation.
            (3) Military installation defined.--In this subsection, the 
        term ``military installation'' has the meaning that term has 
        under section 100(1) of the Sikes Act (16 U.S.C. 670(1)).
    (f) Coordination and Cooperation.--
            (1) In general.--To the maximum extent practicable and 
        consistent with applicable law, each Secretary shall coordinate 
        designation of National Wildlife Corridors with other relevant 
        Federal departments and agencies, affected States, including 
        State fish and wildlife agencies and other State agencies 
        responsible for managing natural resources, tribes, local 
        governments, private landowners, and nongovernmental 
        organizations engaged in conservation of native fish, wildlife, 
        and plant species.
            (2) Identification of supporting non-federal land and 
        water.--In conjunction with processes to designate National 
        Wildlife Corridors, each Secretary may identify, in 
        consultation with affected States, tribes, local governments, 
        private landowners and nongovernmental organizations engaged in 
        conservation of native fish, wildlife, and plant species, non-
        Federal lands and waters that support the purposes of 
        designated National Wildlife Corridors by maintaining habitat 
        connectivity across jurisdictional boundaries or providing 
        other essential functions for wildlife and its habitat.

SEC. 5. PROTECTION AND MANAGEMENT.

    (a) In General.--The Secretary of Agriculture, the Secretary of 
Commerce, the Secretary of Defense, the Secretary of the Interior, and 
the Secretary of Transportation, as applicable, shall, consistent with 
other applicable land and water management requirements, manage each 
National Wildlife Corridor under such Secretary's administrative 
jurisdiction in a manner that contributes to the long-term 
connectivity, persistence, resilience, and adaptability of native fish, 
wildlife, and plant species, such as by--
            (1) preventing habitat loss, degradation, fragmentation, 
        and obstructions within such Corridor;
            (2) implementing strategies and activities that enhance the 
        ability of native fish, wildlife, and plant species to respond 
        to climate change and other environmental factors;
            (3) maintaining or restoring the integrity and 
        functionality of the Corridor and associated habitat;
            (4) mitigating or removing human-caused barriers to native 
        fish, wildlife, and plant species movement, including, but not 
        limited to, power lines, roads, fences, dams, bridges, 
        culverts, and other hydrologic obstructions; and
            (5) using existing conservation programs under the 
        Secretary's jurisdiction to contribute to the connectivity, 
        persistence, resilience, and adaptability of native fish, 
        wildlife, and plant species.
    (b) Corridors Spanning Multiple Jurisdictions.--Where a Corridor 
spans the administrative jurisdiction of more than one Secretary, the 
relevant Secretaries shall coordinate management of the Corridor such 
that the purposes of this Act are achieved regarding such Corridor.
    (c) Road Mitigation.--With respect to a Corridor that intersects, 
adjoins, or crosses a new or existing local, State, or Federal road or 
highway, the relevant Secretaries shall work with the Department of 
Transportation and State and local transportation agencies, as 
appropriate, to develop, implement, and fund environmental mitigation 
measures to--
            (1) improve public safety and reduce vehicle-caused 
        wildlife mortality while maintaining habitat connectivity; and
            (2) mitigate the damage to wildlife, aquatic species 
        passage, flood resiliency, habitat, and ecosystem connectivity, 
        such as by constructing, maintaining, or replacing wildlife 
        underpasses and overpasses and culverts, or maintaining, 
        replacing, or removing dams, bridges, culverts, and other 
        hydrologic obstructions, as appropriate, such that the purposes 
        of this Act are achieved regarding such Corridor.
    (d) Coordination.--In managing National Wildlife Corridors, each 
Secretary shall, to the maximum extent practicable and consistent with 
applicable law, coordinate on lands and waters within the System with 
other Federal departments and agencies, and with relevant conservation 
plans for native fish, plants, and wildlife and their habitats, 
including State comprehensive wildlife strategies and other State 
conservation strategies for species, tribal conservation plans, local 
government land use and conservation plans, and nongovernmental plans.

SEC. 6. CONSERVATION SUPPORT.

    (a) Working Landscapes.--The Secretary of Agriculture--
            (1) may direct investment in working landscapes through 
        conservation programs under such Secretary's administration and 
        control to support the purposes of this Act; and
            (2) shall give priority under such conservation programs to 
        non-Federal lands and waters identified under section 4(f) as 
        supporting the purposes of National Wildlife Corridors.
    (b) Land and Water Conservation.--The Secretary of Agriculture, the 
Secretary of Commerce, the Secretary of Defense, the Secretary of the 
Interior, and the Secretary of Transportation may each acquire land and 
interests in land, including permanent conservation easements, from 
willing donors and willing sellers, to establish and enhance Corridors.
    (c) Method.--Acquisitions under this section may be made--
            (1) subject to section 200306 of title 54, United States 
        Code, by purchase with amounts appropriated from the Land and 
        Water Conservation Fund;
            (2) by purchase with amounts appropriated from the Wildlife 
        Corridors Stewardship and Protection Fund; or
            (3) by acceptance of donation of land or interests in land.

SEC. 7. NATIONAL NATIVE SPECIES HABITATS AND CORRIDORS DATABASE.

    The Director of the United States Geological Survey, in cooperation 
with the States and Indian tribes and with existing landscape- and 
watershed-scale partnerships, including the National Fish Habitat 
Partnership, the Landscape Conservation Cooperative Network, and the 
Migratory Bird Joint Ventures, shall--
            (1) establish a comprehensive National Native Species 
        Habitats and Corridors Geographic Information System Database 
        that--
                    (A) consists of a database of maps, models, data, 
                surveys, and other information regarding native fish, 
                wildlife, and plant species habitats and Corridors, 
                particularly regarding species most at risk due to 
                habitat loss, degradation, and fragmentation; and
                    (B) reflects the best scientific information 
                available; and
            (2) make such database available to States, Indian tribes, 
        Federal agencies, local decisionmakers, and the general public, 
        for use in--
                    (A) identifying and prioritizing natural resources 
                adaptation strategies and activities;
                    (B) assessing, avoiding, and minimizing the impacts 
                of development, energy, water, transportation, and 
                transmission projects and other activities on 
                Corridors; and
                    (C) developing strategies to promote landscape and 
                aquatic connectivity necessary to allow native fish, 
                wildlife, and plant species to move as necessary to 
                meet biological and ecological needs, adjust to shifts 
                in habitat, and adapt to climate change.

SEC. 8. WILDLIFE CORRIDORS STEWARDSHIP AND PROTECTION FUND.

    (a) Establishment and Contents.--There is established in the 
Treasury of the United States a separate account to be known as the 
Wildlife Corridors Stewardship and Protection Fund, consisting of--
            (1) amounts appropriated to the Fund under this Act; and
            (2) donations of funds accepted under subsection (c).
    (b) Use.--The Fund--
            (1) shall be administered by the National Fish and Wildlife 
        Foundation; and
            (2) may be used by such Foundation to provide financial 
        assistance to States, local governments, the Federal 
        Government, tribes, and private landowners for enhancing the 
        management and the protection of designated Corridors and other 
        lands and waters identified as important to further the 
        purposes of Corridors designated under this Act.
    (c) Donations.--The National Fish and Wildlife Foundation may 
accept donations of funds for deposit into the Fund.
    (d) Disclosure of Use.--The National Fish and Wildlife Foundation 
shall annually make publicly available by March 1 a description of how 
the Fund was used during the preceding calendar year.

SEC. 9. PROTECTION OF INDIAN TRIBES.

    (a) Federal Trust Responsibility.--Nothing in this Act is intended 
to amend, alter, or give priority over the Federal trust responsibility 
to Indian tribes.
    (b) Exemption From FOIA.--
            (1) Exemption.--Information described in paragraph (2) 
        shall not be subject to disclosure under section 552 of title 
        5, United States Code, if the head of the agency that receives 
        the information, in consultation with the Secretary of the 
        Interior and the affected Indian tribe, determines that 
        disclosure may--
                    (A) cause a significant invasion of privacy;
                    (B) risk harm to human remains or resources, 
                cultural items, uses, or activities; or
                    (C) impede the use of a traditional religious site 
                by practitioners.
            (2) Information described.--Information referred to in 
        paragraph (1) is information received by a Federal agency 
        pursuant to this Act relating to--
                    (A) the location, character, or ownership of human 
                remains of a person of Indian ancestry; or
                    (B) resources, cultural items, uses, or activities 
                identified by an Indian tribe as traditional or 
                cultural because of the long-established significance 
                or ceremonial nature to the Indian tribe.

SEC. 10. DEFINITIONS.

    In this Act:
            (1) Connectivity.--The term ``connectivity'' means the 
        condition of an area that permits, with respect to individual 
        or ecologically associated native fish, wildlife, and plant 
        species, dispersal and genetic exchange between populations; 
        range shifts or expansion, such as in response to climate 
        change; seasonal movement or migration; or succession, 
        movement, or recolonization following disturbance or population 
        decline.
            (2) Corridor.--The term ``Corridor'' means any land or 
        water designated as a National Wildlife Corridor and part of 
        the System by statute or by a Federal agency rulemaking or 
        management plan issuance, revision, or amendment in accordance 
        with this Act.
            (3) Fund.--The term ``Fund'' means the Wildlife Corridors 
        Stewardship and Protection Fund established by this Act.
            (4) System.--The term ``System'' means the National 
        Wildlife Corridors System established by this Act.

SEC. 11. RELATIONSHIP TO OTHER CONSERVATION LAWS.

    Nothing in this Act shall be construed to amend or otherwise affect 
any other statute or regulation relating to conservation of fish, 
wildlife, or plants.

SEC. 12. AUTHORIZATION OF APPROPRIATIONS.

    There is authorized to be appropriated--
            (1) for each fiscal year for designating and administering 
        Corridors under this Act--
                    (A) to the Secretary of the Interior, $7,500,000;
                    (B) to the Secretary of Agriculture, $3,000,000;
                    (C) to the Secretary of Defense, $1,500,000;
                    (D) to the Secretary of Commerce, $3,000,000; and
                    (E) to the Secretary of Transportation, $3,000,000;
            (2) to the Secretary of the Interior, $3,000,000 for the 
        first fiscal year beginning after the date of the enactment of 
        this Act, and $1,500,000 for each fiscal year thereafter, to 
        establish and maintain a comprehensive National Native Species 
        Habitats and Corridors Geographic Information System Database 
        under this Act; and
            (3) to the Fund, $3,000,000 for each fiscal year for the 
        National Fish and Wildlife Foundation to provide assistance 
        authorized by this Act.
                                 <all>
```