[Congressional Bills 110th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2338 Introduced in House (IH)]







110th CONGRESS
  1st Session
                                H. R. 2338

     To establish the policy of the Federal Government to use all 
   practicable means and measures to assist wildlife populations in 
adapting to and surviving the effects of global warming, and for other 
                               purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                              May 16, 2007

  Mr. Dicks (for himself, Mr. Inslee, and Mr. Saxton) introduced the 
    following bill; which was referred to the Committee on Natural 
   Resources, and in addition to the Committee on 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 establish the policy of the Federal Government to use all 
   practicable means and measures to assist wildlife populations in 
adapting to and surviving the effects of global warming, and for other 
                               purposes.

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

                 TITLE I--NATIONAL POLICY AND STRATEGY

SEC. 101. SHORT TITLE.

    This title may be cited as the ``Global Warming Wildlife Survival 
Act''.

SEC. 102. NATIONAL POLICY ON WILDLIFE AND GLOBAL WARMING.

    It is the policy of the Federal Government, in cooperation with 
State, tribal, and affected local governments, other concerned public 
and private organizations, landowners, and citizens to use all 
practicable means and measures--
            (1) to assist wildlife populations in adapting to and 
        surviving the effects of global warming; and
            (2) to ensure the persistence and resilience of the 
        wildlife of the United States as an essential part of our 
        Nation's culture, landscape, and natural resources.

SEC. 103. DEFINITIONS.

     In this title:
            (1) Ecological processes.--The term ``ecological 
        processes'' means the biological, chemical, and physical 
        interactions between the biotic and abiotic components of 
        ecosystems, including nutrient cycling, pollination, predator-
        prey relationships, soil formation, gene flow, hydrologic 
        cycling, decomposition, and disturbance regimes such as fire 
        and flooding.
            (2) Habitat linkages.--The term ``habitat linkages'' means 
        areas that connect wildlife habitat or potential wildlife 
        habitat, and that facilitate the ability of wildlife to move 
        within a landscape in response to the effects of global 
        warming.
            (3) Secretary.--The term ``Secretary'' means the Secretary 
        of the Interior.
            (4) Wildlife.--The term ``wildlife'' means any species of 
        wild, free-ranging fauna including fish, and also fauna in 
        captive breeding programs the object of which is to reintroduce 
        individuals of a depleted indigenous species into previously 
        occupied range.

SEC. 104. NATIONAL STRATEGY.

    (a) Requirement.--
            (1) In general.--The Secretary shall, within two years 
        after the date of the enactment of this Act, on the basis of 
        the best available science as provided by the science advisory 
        board under section 105, promulgate a national strategy for 
        mitigating the impacts of global warming on wildlife 
        populations in the United States.
            (2) Consultation and comment.--In developing the national 
        strategy, the Secretary shall--
                    (A) consult with the Secretary of Agriculture, the 
                Secretary of Commerce, the Administrator of the 
                Environmental Protection Agency, State fish and 
                wildlife agencies, Indian tribes, local governments, 
                conservation organizations, scientists, and other 
                interested stakeholders; and
                    (B) provide opportunity for public comment.
    (b) Contents.--
            (1) In general.--The Secretary shall include in the 
        national strategy prioritized goals and measures to--
                    (A) identify and monitor wildlife populations 
                likely to be adversely affected by global warming;
                    (B) identify and monitor coastal, marine, 
                terrestrial, and freshwater resources and habitat at 
                greatest risk of being damaged by global warming;
                    (C) assist species in adapting to the impacts of 
                global warming;
                    (D) protect, acquire, and restore wildlife habitat 
                to build resilience to global warming;
                    (E) provide habitat linkages and corridors to 
                facilitate wildlife movements in response to global 
                warming;
                    (F) restore and protect ecological processes that 
                sustain wildlife populations vulnerable to global 
                warming; and
                    (G) incorporate consideration of climate change in, 
                and integrate climate change adaptation strategies for 
                wildlife into, the planning and management of Federal 
                lands administered by the Department of the Interior 
                and lands administered by the Forest Service.
            (2) Coordination with other plans.--In developing the 
        national strategy, the Secretary shall--
                    (A) take into consideration research and 
                information in State comprehensive wildlife 
                conservation plans, the North American Waterfowl 
                Management Plan, the National Fish Habitat Action Plan, 
                and other relevant wildlife conservation plans; and
                    (B) coordinate and integrate, to the extent 
                practicable and consistent with the policy set forth in 
                section 102, the goals and measures identified in the 
                national strategy with goals and measures identified in 
                such plans.
    (c) Revision.--The Secretary shall revise the national strategy not 
later than five years after its initial promulgation, and not later 
than every ten years thereafter, to reflect new information on the 
impacts of global warming on wildlife and advances in the development 
of strategies for adapting to or mitigating for such impacts.
    (d) Implementation.--
            (1) Implementation on department of the interior and forest 
        service lands.--To achieve the goals of the national strategy 
        and to implement measures for the conservation of wildlife 
        identified in the national strategy--
                    (A) the Secretary shall exercise the authority of 
                such Secretary under this and other Acts on lands 
                administered by the National Park Service, the United 
                States Fish and Wildlife Service, and the Bureau of 
                Land Management; and
                    (B) the Secretary of Agriculture shall exercise the 
                authority of such Secretary under this and other Acts 
                on lands administered by the Forest Service.
            (2) Wildlife conservation programs.--Consistent with their 
        authorities under other laws, the Secretary, the Secretary of 
        Agriculture, and the Secretary of Commerce shall administer 
        wildlife conservation programs authorized under other laws to 
        achieve the goals of the national strategy and to implement 
        measures for the conservation of wildlife identified in the 
        national strategy.

SEC. 105. ADVISORY BOARD.

    (a) Science Advisory Board.--
            (1) In general.--The Secretary shall establish and appoint 
        the members of a science advisory board comprised of not less 
        than ten and not more than twenty members recommended by the 
        President of the National Academy of Sciences with expertise in 
        wildlife biology, ecology, climate change and other relevant 
        disciplines. The director of the National Global Warming and 
        Wildlife Science Center established under subsection (b) shall 
        be an ex officio member of the science advisory board.
            (2) Functions.--The science advisory board shall--
                    (A) provide scientific and technical advice and 
                recommendations to the Secretary on the impacts of 
                global warming on wildlife and its habitat, areas of 
                habitat of particular importance for the conservation 
                of wildlife populations affected by global warming, and 
                strategies and mechanisms to mitigate the impacts of 
                global warming on wildlife in the management of Federal 
                lands and in other Federal programs for wildlife 
                conservation;
                    (B) advise the National Global Warming and Wildlife 
                Science Center established under subsection (b) and 
                review the quality of the research programs of the 
                Center;
                    (C) advise the Secretary regarding the best science 
                available for purposes of section 104(a)(1).
    (b) National Global Warming and Wildlife Science Center.--
            (1) In general.--The Secretary shall establish the National 
        Global Warming and Wildlife Science Center within the United 
        States Geological Survey.
            (2) Functions.--The National Global Warming and Wildlife 
        Science Center shall--
                    (A) conduct scientific research on national issues 
                related to the impacts of global warming on wildlife 
                and its habitat and mechanisms for adaptation or 
                mitigation of such impacts; and
                    (B) provide scientific support to Federal land 
                management agencies and Federal wildlife agencies 
                regarding such issues.
    (c) Detection of Changes.--The Secretary, the Secretary of 
Agriculture, and the Secretary of Commerce shall each exercise 
authorities under other laws to carry out programs to detect changes in 
wildlife abundance, distribution, and behavior related to global 
warming, including--
            (1) conducting species inventories on Federal lands and in 
        marine areas within the exclusive economic zone of the United 
        States; and
            (2) establishing and implementing robust, coordinated 
        monitoring programs.

SEC. 106. AUTHORIZATION OF APPROPRIATIONS.

    (a) Implementation of National Strategy.--Of the amounts 
appropriated to carry out this title for each fiscal year--
            (1) 45 percent are authorized to be made available to 
        Federal agencies to develop and implement the national strategy 
        promulgated under section 104 on Federal lands, of which--
                    (A) 35 percent shall be allocated to the Department 
                of the Interior to--
                            (i) operate the National Global Warming and 
                        Wildlife Science Center established under 
                        section 105; and
                            (ii) carry out the policy set forth in 
                        section 102 and implement the national strategy 
                        on lands within the National Park System, lands 
                        within the National Wildlife Refuge System, and 
                        public lands administered by the Bureau of Land 
                        Management; and
                    (B) 10 percent shall be allocated to the Department 
                of Agriculture to carry out the policy set forth in 
                section 102 and implement the national strategy on 
                lands within the National Forest System;
            (2) 25 percent are authorized to be made available to 
        Federal agencies to carry out the policy set forth in section 
        102 and to implement the national strategy through fish and 
        wildlife programs, other than for the operation and maintenance 
        of Federal lands, of which--
                    (A) 10 percent shall be allocated to the Department 
                of the Interior to fund endangered species, migratory 
                bird, and other fish and wildlife programs administered 
                by the United States Fish and Wildlife Service, other 
                than operations and maintenance of the national 
                wildlife refuges;
                    (B) 8 percent shall be allocated to the Department 
                of the Interior for implementation of cooperative grant 
                programs benefitting wildlife including the Cooperative 
                Endangered Species Fund, Private Stewardship Grants, 
                the North American Wetlands Conservation Act, the 
                Neotropical Migratory Bird Conservation Fund, and the 
                National Fish Habitat Action Plan, and used exclusively 
                for activities that address the impacts of global 
                warming on wildlife and its habitat; and
                    (C) 7 percent shall be allocated to the National 
                Oceanic and Atmospheric Administration to carry out the 
                policy set forth in section 102 and to implement the 
                national strategy through Federal programs for 
                conservation of fish and wildlife under its 
                jurisdiction; and
            (3) 30 percent are authorized to be made available for 
        grants to States and Indian tribes through the State and Tribal 
        Wildlife Grants Program authorized under section 201, to--
                    (A) be used exclusively to carry out activities 
                that address the impacts of global warming on wildlife 
                in accordance with State comprehensive wildlife 
                conservation plans developed and approved under that 
                program that contain explicit strategies for addressing 
                the impacts of global warming on wildlife; and
                    (B) revise existing State comprehensive wildlife 
                conservation plans as necessary to include specific 
                strategies for addressing the impacts of global warming 
                on wildlife.
    (b) Availability.--
    (c) Intent of Congress.--It is the intent of Congress that funding 
provided to Federal agencies and States pursuant to this title 
supplement, and not replace, existing sources of funding for wildlife 
conservation.

           TITLE II--STATE AND TRIBAL WILDLIFE GRANTS PROGRAM

SEC. 201. STATE AND TRIBAL WILDLIFE GRANTS PROGRAM.

     (a) Authorization of Program.--There is authorized to be 
established a State and Tribal Wildlife Grants Program to be 
administered by the Secretary of the Interior and to provide wildlife 
conservation grants to States and to the District of Columbia, Puerto 
Rico, Guam, the United States Virgin Islands, the Northern Mariana 
Islands, American Samoa, and federally recognized Indian tribes for the 
planning, development, and implementation of programs for the benefit 
of wildlife and their habitat, including species that are not hunted or 
fished.
    (b) Allocation of Funds.--
            (1) In general.--Of the amounts made available to carry out 
        this section for each fiscal year--
                    (A) 10 percent shall be for a competitive grant 
                program for Indian tribes that are not subject to the 
                remaining provisions of this section;
                    (B) of the amounts remaining after the application 
                of subparagraph (A), and after the deduction of the 
                Secretary's administrative expenses to carry out this 
                section--
                            (i) not more than one-half of 1 percent 
                        shall be allocated to each of the District of 
                        Columbia and to the Commonwealth of Puerto 
                        Rico; and
                            (ii) not more than one-fourth of 1 percent 
                        shall be allocated to each of Guam, American 
                        Samoa, the United States Virgin Islands, and 
                        the Commonwealth of the Northern Mariana 
                        Islands;
                    (C) of the amount remaining after the application 
                of subparagraphs (B) and (C), the Secretary shall 
                apportion among the States--
                            (i) one-third based on the ratio that the 
                        land area of each State bears to the total land 
                        area of all States; and
                            (ii) two-thirds based on the ratio that the 
                        population of each State bears to the total 
                        population of all States.
            (2) Adjustments.--The amounts apportioned under 
        subparagraph (C) of paragraph (1) for a fiscal year shall be 
        adjusted equitably so that no State is apportioned under such 
        subparagraph a sum that is--
                    (A) less than 1 percent of the amount available for 
                apportionment under that subparagraph that fiscal year; 
                or
                    (B) more than 5 percent of such amount.
    (c) Cost Sharing.--
            (1) Plan development grants.--The Federal share of the 
        costs of developing a comprehensive wildlife conservation plan 
        shall not exceed 75 percent of the total costs of developing 
        such plan.
            (2) Plan implementation grants.--The Federal share of the 
        costs of implementing an activity in an approved comprehensive 
        wildlife conservation plan carried out with a grant under this 
        section shall not exceed 50 percent of the total costs of such 
        activities.
            (3) Prohibition on use of federal funds.--The non-Federal 
        share of costs of an activity carried out under this section 
        shall not be paid with amounts derived from any Federal grant 
        program.
    (d) Requirement for Plan.--
            (1) In general.--No State, territory, or other jurisdiction 
        shall be eligible for a grant under this section unless it 
        submits to the Secretary a comprehensive wildlife conservation 
        plan that--
                    (A) complies with paragraph (2); and
                    (B) considers the broad range of the State, 
                territory, or other jurisdiction's wildlife and 
                associated habitats, with appropriate priority placed 
                on those species with the greatest conservation need 
                and taking into consideration the relative level of 
                funding available for the conservation of those 
                species.
            (2) Contents.--The comprehensive wildlife conservation plan 
        must contain--
                    (A) information on the distribution and abundance 
                of species of wildlife, including low and declining 
                populations as the State , territory, or other 
                jurisdiction's fish and wildlife agency considers 
                appropriate, that are indicative of the diversity and 
                health of the jurisdiction's wildlife;
                    (B) the location and relative condition of key 
                habitats and community types essential to conservation 
                of species identified in subparagraph (A);
                    (C) descriptions of problems which may adversely 
                affect species identified in subparagraph (A) or their 
                habitats, and priority research and survey efforts 
                needed to identify factors that may assist in 
                restoration and improved conservation of these species 
                and habitats;
                    (D) descriptions of conservation actions proposed 
                to conserve the identified species and habitats and 
                priorities for implementing such actions;
                    (E) proposed plans for monitoring species 
                identified in subparagraph (A) and their habitats, for 
                monitoring the effectiveness of the conservation 
                actions proposed in subparagraph (D), and for adapting 
                these conservation actions to respond appropriately to 
                new information or changing conditions;
                    (F) descriptions of procedures to review the 
                comprehensive wildlife conservation plan at intervals 
                not to exceed ten years;
                    (G) plans for coordinating the development, 
                implementation, review, and revision of the 
                comprehensive wildlife conservation plan with Federal, 
                State, and local agencies and Indian tribes that manage 
                significant land and water areas within the 
                jurisdiction or administer programs that significantly 
                affect the conservation of identified species and 
                habitats; and
                    (H) provisions for broad public participation as an 
                essential element of the development, revision, and 
                implementation of the comprehensive wildlife 
                conservation plan.
    (e) Authorization of Appropriations.--There are authorized to be 
appropriated such sums as are necessary to carry out this section.
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