I 

111TH CONGRESS 

2D SESSION H. R. 5101 

To expand the science and stewardship of America’s most important wildlife 

corridors. 

IN THE HOUSE OF REPRESENTATIVES 

APRIL 21, 2010 

Mr. HOLT (for himself, Mr. POLIS of Colorado, Mr. HINCHEY, and Mr. 

GEORGE MILLER of California) introduced the following bill; which was 

referred to the Committee on Natural Resources, and in addition to the 

Committees on Transportation and Infrastructure and Agriculture, 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 expand the science and stewardship of America’s most 

important wildlife corridors. 

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 ‘‘Wildlife Corridors Con5 servation Act of 2010’’. 


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1 SEC. 2. NATIONAL FISH AND WILDLIFE HABITAT AND COR2 RIDORS INFORMATION PROGRAM. 

3 (a) ESTABLISHMENT.—Within 6 months after the 

4 date of enactment of this Act, the Secretary of the Inte5 rior, in cooperation with the States and Indian tribes, shall 

6 establish a National Fish and Wildlife Habitat and Cor7 ridors Information Program in accordance with the re8 quirements of this section. 

9 (b) PURPOSE.—The purpose of this program is to— 

10 (1) support States and Indian tribes in the de11 velopment of a geographic information system data12 base of fish and wildlife habitat and corridors that 

13 would inform planning and development decisions 

14 within each State and Indian tribe, enable each 

15 State and Indian tribe to model climate impacts and 

16 adaptation, and provide geographically specific en17 hancements of State and tribal wildlife action plans; 

18 (2) ensure the collaborative development, with 

19 the States and Indian tribes, of a comprehensive, 

20 national geographic information system database of 

21 maps, models, data, surveys, informational products, 

22 and other geospatial information regarding fish and 

23 wildlife habitat and corridors, that— 

24 (A) is based on consistent protocols for 

25 sampling and mapping across landscapes that 

26 take into account regional differences; and 


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1 (B) that utilizes— 

2 (i) existing and planned State- and 

3 tribal-based geographic information system 

4 databases; and 

5 (ii) existing databases, analytical 

6 tools, metadata activities, and other infor7 mation products available through the Na8 tional Biological Information Infrastruc9 ture maintained by the Secretary and non10 governmental organizations; and 

11 (3) facilitate the use of such databases by Fed12 eral, State, local, and tribal decisionmakers to incor13 porate qualitative and quantitative information on 

14 fish and wildlife habitat and corridors at the earliest 

15 possible stage to— 

16 (A) prioritize and target natural resources 

17 adaptation strategies and activities; 

18 (B) avoid, minimize, and mitigate the im19 pacts on fish and wildlife habitat and corridors 

20 in siting energy development, water, trans21 mission, transportation, and other land use 

22 projects; 

23 (C) assess the impacts of existing develop24 ment on habitats and corridors; and 


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1 (D) develop management strategies to en2 hance the ability of native fish, wildlife, and 

3 plant species to migrate or respond to shifting 

4 habitats within existing habitats and corridors. 

5 (c) HABITAT AND CORRIDORS INFORMATION SYS6 TEM.— 

7 (1) IN GENERAL.—The Secretary, in coopera8 tion with the States and Indian tribes, shall develop 

9 a Habitat and Corridors Information System. 

10 (2) CONTENTS.—The System shall— 

11 (A) include maps, data, and descriptions of 

12 fish and wildlife habitat and corridors, that— 

13 (i) have been developed by Federal 

14 agencies, State wildlife agencies and nat15 ural heritage programs, Indian tribes, local 

16 governments, nongovernmental organiza17 tions, and industry; and 

18 (ii) meet accepted Geospatial Inter19 operability Framework data and metadata 

20 protocols and standards; 

21 (B) include maps and descriptions of pro22 jected shifts in habitats and corridors of fish 

23 and wildlife species in response to climate 

24 change; 


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1 (C) assure data quality and make the data, 

2 models, and analyses included in the System 

3 available at scales useful to decisionmakers— 

4 (i) to prioritize and target natural re5 sources adaptation strategies and activi6 ties; 

7 (ii) to assess the impacts of proposed 

8 energy development, water, transmission, 

9 transportation, and other land use projects 

10 and avoid, minimize, and mitigate those 

11 impacts on habitats and corridors; 

12 (iii) to assess the impacts of existing 

13 development on habitats and corridors; and 

14 (iv) to develop management strategies 

15 to enhance the ability of fish, wildlife, and 

16 plant species to migrate or respond to 

17 shifting habitats within existing habitats 

18 and corridors; 

19 (D) establish a coordinated process for up20 dating maps and other information as land21 scapes, habitats, corridors, and wildlife popu22 lations change or as other information becomes 

23 available; 

24 (E) encourage the development of collabo25 rative plans by Federal and State agencies and 


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1 Indian tribes to monitor and evaluate the effi2 cacy of the System to meet the needs of deci3 sionmakers; 

4 (F) identify gaps in habitat and corridor 

5 information, mapping, and research that should 

6 be addressed to fully understand and assess 

7 current data and metadata, and to prioritize re8 search and future data collection activities for 

9 use in updating the System and provide support 

10 for those activities; 

11 (G) include mechanisms to support collabo12 rative research, mapping, and planning of habi13 tats and corridors by Federal and State agen14 cies, Indian tribes, and other interested stake15 holders; 

16 (H) incorporate biological and geospatial 

17 data on species and corridors affected by energy 

18 development and transmission plans, including 

19 renewable energy initiatives, transportation, and 

20 other land use plans; 

21 (I) be based on the best scientific informa22 tion available; and 

23 (J) identify, prioritize, and describe key 

24 parcels of non-Federal land located within the 

25 boundaries of units of the National Park SysVerDate Nov 24 2008 04:51 Apr 22, 2010 Jkt 089200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6201 E:\BILLS\H5101.IH H5101

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1 tem, National Wildlife Refuge System, National 

2 Forest System, or National Grassland System 

3 that are critical to maintenance of wildlife habi4 tat and migration corridors. 

5 (d) FINANCIAL AND OTHER SUPPORT.—The Sec6 retary may provide support to the States and Indian 

7 tribes, including financial and technical assistance, for ac8 tivities that support the development and implementation 

9 of the System. 

10 (e) COORDINATION.—The Secretary, in cooperation 

11 with the States and Indian tribes, shall make rec12 ommendations on how the information developed in the 

13 System may be incorporated into existing relevant State 

14 and Federal plans affecting fish and wildlife, including 

15 land management plans, the State Comprehensive Wildlife 

16 Conservation Strategies, and appropriate tribal conserva17 tion plans, to ensure that they— 

18 (1) prevent unnecessary habitat fragmentation 

19 and disruption of corridors; 

20 (2) promote the landscape connectivity nec21 essary to allow wildlife to move as necessary to meet 

22 biological needs, adjust to shifts in habitat, and 

23 adapt to climate change; and 

24 (3) minimize the impacts of energy, develop25 ment, water, transportation, and transmission 


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1 projects and other activities expected to impact habi2 tat and corridors. 

3 (f) DEFINITIONS.—In this section: 

4 (1) GEOSPATIAL INTEROPERABILITY FRAME5 WORK.—The term ‘‘Geospatial Interoperability 

6 Framework’’ means the strategy utilized by the Na7 tional Biological Information Infrastructure that is 

8 based upon accepted standards, specifications, and 

9 protocols adopted through the International Stand10 ards Organization, the Open Geospatial Consortium, 

11 and the Federal Geographic Data Committee, to 

12 manage, archive, integrate, analyze, and make acces13 sible geospatial and biological data and metadata. 

14 (2) SECRETARY.—The term ‘‘Secretary’’ means 

15 the Secretary of the Interior. 

16 (g) AUTHORIZATION OF APPROPRIATIONS.—To carry 

17 out this section there is authorized to be appropriated to 

18 the Secretary $1,000,000. 

19 SEC. 3. ADDITIONAL PROVISIONS REGARDING INDIAN 

20 TRIBES. 

21 (a) FEDERAL TRUST RESPONSIBILITY.—Nothing in 

22 this Act is intended to amend, alter, or give priority over 

23 the Federal trust responsibility to Indian tribes. 

24 (b) EXEMPTION FROM FOIA.—Information received 

25 by a Federal agency pursuant to this Act relating to the 


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1 location, character, or ownership of human remains of a 

2 person of Indian ancestry; or resources, cultural items, 

3 uses, or activities identified by an Indian tribe as tradi4 tional or cultural because of the long-established signifi5 cance or ceremonial nature to the Indian tribe; shall not 

6 be subject to disclosure under section 552 of title 5, 

7 United States Code, if the head of the agency, in consulta8 tion with the Secretary of the Interior and an affected In9 dian tribe, determines that disclosure may— 

10 (1) cause a significant invasion of privacy; 

11 (2) risk harm to the human remains or re12 sources, cultural items, uses, or activities; or 

13 (3) impede the use of a traditional religious site 

14 by practitioners. 

15 (c) APPLICATION OF OTHER LAW.—The Secretary of 

16 the Interior may apply the provisions of Public Law 93– 

17 638 where appropriate in the implementation of this sub18 part. 

19 SEC. 4. WILDLIFE CORRIDORS STEWARDSHIP AND PROTEC20 TION PROGRAM. 

21 (a) ESTABLISHMENT OF PROGRAM.— 

22 (1) IN GENERAL.—Subject to paragraph (2), 

23 the Secretary of the Interior shall transfer amounts 

24 in the Wildlife Corridors Stewardship and Protection 

25 Fund established by this section, without further Act 


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1 of appropriation, to the National Fish and Wildlife 

2 Foundation for use by the Foundation to establish 

3 and implement a Wildlife Corridors Stewardship and 

4 Protection Grant Program in accordance with this 

5 section to fund projects to advance important wild6 life corridor stewardship and protection. 

7 (2) ADMINISTRATIVE EXPENSES.—The Sec8 retary of the Interior may transfer funds to the 

9 Foundation under this subsection in advance, with10 out regard to when expenses are incurred. The funds 

11 transferred shall be subject to the provisions of the 

12 National Fish and Wildlife Foundation Establish13 ment Act, excluding subsection (a) of section 10 of 

14 that Act (16 U.S.C. 3709(a)). 

15 (b) PROJECT APPLICANTS.—A project proposal may 

16 be submitted to the Foundation for funding under the 

17 Program only by— 

18 (1) an individual, corporation, partnership, non19 governmental organization, trust, association, or 

20 other private entity; or 

21 (2) an officer, employee, agent, department, or 

22 instrumentality of the Federal Government, of any 

23 State, municipality, or political subdivision of a 

24 State. 


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1 (c) PROJECT SELECTION.—The Foundation, in con2 sultation with the Secretary, shall select for funding under 

3 the Program projects that will have the most significant 

4 on-the-ground impact for wildlife species of greatest con5 servation need by— 

6 (1) enhancing the management and stewardship 

7 of important wildlife corridors identified by State or 

8 Federal agencies; or 

9 (2) protecting important wildlife corridors iden10 tified by State or Federal agencies. 

11 (d) COST SHARING.—The Federal share of the cost 

12 of each project funded under the Program shall be not 

13 greater than 50 percent, and the non-Federal share re14 quired for such a project shall not be derived from any 

15 Federal grant program and may be paid in cash or in 

16 kind. 

17 (e) ADMINISTRATIVE EXPENSES.—Of amounts trans18 ferred to the Foundation under this section each fiscal 

19 year, the Foundation may expend not more than 5 percent 

20 or $100,000, whichever is greater, to pay the administra21 tive expenses necessary to administer the Program. 

22 (f) WILDLIFE CORRIDORS STEWARDSHIP AND PRO23 TECTION FUND.— 

24 (1) ESTABLISHMENT.—There is established in 

25 the Treasury a separate account, which shall be 


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1 known as the ‘‘Wildlife Corridors Stewardship and 

2 Protection Fund’’. The Secretary of the Treasury 

3 shall deposit into the Fund— 

4 (A) all amounts received by the Secretary 

5 of the Interior in the form of donations for 

6 wildlife corridor stewardship and protection 

7 under this section; and 

8 (B) other amounts appropriated to the 

9 Fund. 

10 (2) DONATIONS.—The Secretary may accept 

11 donations of funds for wildlife corridor stewardship 

12 and protection under this section. 

13 SEC. 5. WILDLIFE CORRIDOR MANAGEMENT ON PUBLIC 

14 LANDS. 

15 (a) FINDING.—Section 102(a)(8) of the Federal 

16 Land Policy and Management Act of 1976 (43 U.S.C. 

17 1701(a)(8)) is amended by inserting ‘‘, including impor18 tant wildlife corridors,’’ before ‘‘in their natural condi19 tion’’. 

20 (b) DEFINITION OF AREAS OF CRITICAL ENVIRON21 MENTAL CONCERN.—Section 103(a) of the Federal Land 

22 Policy and Management Act of 1976 (43 U.S.C.1702(a)) 

23 is amended by inserting ‘‘(including important wildlife cor24 ridors)’’ after ‘‘fish and wildlife resources’’. 


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1 SEC. 6. NATIONAL FOREST SYSTEM RESOURCE PLANNING. 

2 Section 6(e)(1) of the Forest and Rangeland Renew3 able Resources Act of 1974 (16 U.S.C. 1604(e)(1)) is 

4 amended by inserting ‘‘important wildlife corridors,’’ be5 fore ‘‘and wilderness’’. 

6 SEC. 7. TRANSPORTATION PROGRAMS. 

7 (a) ACCOMMODATION OF WILDLIFE MOVEMENT.—As 

8 a condition for the receipt of Federal assistance for a high9 way construction project under title 23, United States 

10 Code, the Secretary of Transportation may ensure that a 

11 State or other recipient of such assistance gives the ac12 commodation of wildlife movement full consideration dur13 ing the development and construction of the project, as 

14 it relates to— 

15 (1) improving motorist safety; 

16 (2) reducing wildlife mortality on highways; and 

17 (3) providing ecological connectivity to support 

18 population viability and other wildlife conservation 

19 objectives. 

20 (b) SPECIFIC CONDITIONS.—In carrying out sub21 section (a), the Secretary shall ensure that a State or 

22 other recipient of assistance under title 23, United States 

23 Code— 

24 (1) considers incorporating wildlife crossings in 

25 any highway construction project carried out using 


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1 such assistance, and incorporates wildlife crossings 

2 in the project, if appropriate; 

3 (2) provides to the Secretary a statement of 

4 reasons explaining the extent of wildlife crossings to 

5 be included in such highway construction projects or 

6 why wildlife crossings are not appropriate; and 

7 (3) utilizes the best available commercial and 

8 scientific data in making determinations on incor9 porating wildlife crossings in such highway construc10 tion projects. 

11 SEC. 8. AGRICULTURAL CONSERVATION PROGRAMS. 

12 (a) SPECIAL RULE INVOLVING PAYMENTS FOR

13 FOREGONE INCOME.—Section 1240B(d)(3) of the Food 

14 Security Act of 1985 (16 U.S.C. 3839aa–2(d)(3)) is 

15 amended to read as follows: 

16 ‘‘(3) SPECIAL RULE INVOLVING PAYMENTS FOR

17 FOREGONE INCOME.—In determining the amount 

18 and rate of payments under paragraph (2)(B), the 

19 Secretary may accord great significance to a practice 

20 that, as determined by the Secretary, promotes— 

21 ‘‘(A) residue management; 

22 ‘‘(B) nutrient management; 

23 ‘‘(C) air quality management; 

24 ‘‘(D) invasive species management; 

25 ‘‘(E) pollinator habitat; 


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1 ‘‘(F) animal carcass management tech2 nology; 

3 ‘‘(G) pest management; or 

4 ‘‘(H) wildlife corridor management.’’. 

5 (b) ENCOURAGEMENT OF POLLINATOR DEVELOP6 MENT AND PROTECTION OR IMPORTANT WILDLIFE COR7 RIDOR STEWARDSHIP AND PROTECTION.—Section 

8 1244(h) of the Food Security Act of 1985 (16 U.S.C. 

9 3844(h)) is amended to read as follows: 

10 ‘‘(h) ENCOURAGEMENT OF POLLINATOR DEVELOP11 MENT AND PROTECTION OR IMPORTANT WILDLIFE COR12 RIDOR STEWARDSHIP AND PROTECTION.—In carrying out 

13 any conservation program administered by the Secretary, 

14 the Secretary may, as appropriate, encourage— 

15 ‘‘(1) the development of habitat for native and 

16 managed pollinators; 

17 ‘‘(2) the stewardship of habitat in important 

18 wildlife corridors; and 

19 ‘‘(3) the use of conservation practices that ben20 efit native and managed pollinators or important 

21 wildlife corridors identified as such by a State.’’. 

Æ 


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