[Congressional Bills 110th Congress]
[From the U.S. Government Publishing Office]
[H.R. 7151 Introduced in House (IH)]







110th CONGRESS
  2d Session
                                H. R. 7151

             To sustain wildlife on America's public lands.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                           September 26, 2008

   Mr. Kind 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 sustain wildlife on America's public lands.

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

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``America's Wildlife Heritage Act''.

SEC. 2. CONGRESSIONAL FINDINGS.

    Congress finds the following:
            (1) Wildlife is a fundamental part of America's history and 
        character, and wildlife conservation is a core value shared by 
        all Americans. America's children and grandchildren, indeed all 
        future generations to come, deserve opportunities to benefit 
        from and enjoy a diverse array of fish and wildlife species.
            (2) Wildlife conservation provides economic, social, 
        educational, recreational, emotional, and spiritual benefits. 
        The economic value of hunting, fishing, and wildlife-associated 
        recreation alone is estimated to contribute $100,000,000,000 
        annually to the American economy. Wildlife habitat, including 
        forests, grasslands, riparian lands, wetlands, rivers, and 
        other water bodies, is an essential component of the American 
        landscape, and is protected and valued by Federal, State, and 
        local governments, tribes, private landowners, conservation 
        organizations, and millions of American sportsmen and outdoor 
        recreationists.
            (3) The American landscape is rapidly changing, 
        particularly in the West where the majority of the Federal 
        public lands are found, increasing the importance of sustaining 
        wildlife and its habitat on our public lands.
            (4) Federal public lands are critical to the future of 
        wildlife in America. Federal lands help to protect endangered 
        and threatened species from going extinct and help prevent 
        species from becoming endangered in the first place. They 
        complement the conservation of wildlife on private lands by 
        providing comparatively intact tracts of land that serve as 
        refuges from human development and other pressures. They help 
        keep common species common, including species valued for 
        hunting and fishing.
            (5) Public lands provide refuges for species impacted by 
        the effects of global climate change, and will play an 
        important role in wildlife's ability to adapt to and survive 
        global warmings mounting impacts.
            (6) Consistent with long-standing principles of multiple 
        use and sustained yield management, the goal of sustaining the 
        diverse fish and wildlife communities that depend on our 
        Federal lands should guide the stewardship of America's public 
        lands.

SEC. 3. DEFINITIONS.

    In this Act:
            (1) Desired non-native species.--The term ``desired non-
        native species'' means those wild species of plants or animals 
        that are not indigenous to a planning area but are valued for 
        their contribution to species diversity or their social, 
        cultural, or economic value.
            (2) Indicator species.--The term ``indicator species'' 
        means species selected for monitoring because their population 
        changes are believed to indicate the effects of management 
        activities, natural disruptions, or other factors on unmeasured 
        species and to provide insights to the integrity of the 
        ecological systems to which they belong.
            (3) Native species.--The term ``native species'' means 
        species of the plant and animal kingdoms indigenous to the 
        planning area.
            (4) Planning area.--The term ``planning area'' means any 
        geographic unit of National Forest System lands or Bureau of 
        Land Management lands covered by an individual management plan.
            (5) Secretaries.--The term ``Secretaries'' means the 
        Secretary of the Interior and the Secretary of Agriculture.
            (6) Secretary.--The term ``Secretary'' means the Secretary 
        of the Interior or the Secretary of Agriculture, as appropriate 
        in the context.
            (7) Species-at-risk.--The term ``species-at-risk'' means 
        species listed as endangered or threatened, or proposed or 
        identified as candidates for listing, under the Endangered 
        Species Act of 1973; species listed or proposed for listing 
        under State endangered species laws; species identified as 
        State special status species; species identified as declining 
        or of special concern through State comprehensive wildlife 
        conservation strategies; sensitive or special status species 
        identified by the Forest Service or the Bureau of Land 
        Management; and other species identified by the Forest Service 
        or the Bureau of Land Management for which scientific evidence 
        or lack of information raises a significant concern regarding 
        the species' viability within the planning area.
            (8) Viable population.--The term ``viable population'' 
        means a population of a species that has the estimated numbers, 
        distribution, and reproduction and survival rates to afford a 
        high degree of scientific confidence that it will persist well 
        distributed throughout its range for a period of at least 100 
        years into the future.

SEC. 4. VIABLE POPULATIONS.

    For all planning areas within the National Forest System or the 
Bureau of Land Management public lands--
            (1) the Secretary shall plan for and manage lands under the 
        Secretary's jurisdiction in order to maintain viable 
        populations of existing native and desired non native species 
        within each planning area, except that management for desired 
        non-native species shall not interfere with the maintenance of 
        viable populations of native species within a planning area;
            (2) if a population extends across more than one planning 
        area, the Secretary or Secretaries shall coordinate the 
        management of habitat in the planning areas containing the 
        population in order to maintain a viable population of such 
        species; and
            (3) if the Secretary, using the best available science, 
        makes a finding that conditions outside the authority of the 
        Secretary make it impossible for the Secretary to maintain a 
        viable population of a species within a planning area (or, 
        under the circumstances identified in paragraph (2), within 2 
        or more planning areas), the Secretary or Secretaries shall--
                    (A) manage habitat within the planning area or 
                areas in order to contribute to the maximum extent 
                achievable to the viability of that species; and
                    (B) ensure that any activity authorized, funded, or 
                carried out within the planning area or areas does not 
                contribute to a decline in the population of the 
                species in such planning area or areas.

SEC. 5. MONITORING AND EVALUATION OF SPECIES VIABILITY.

    (a) To provide the basis for determining species population 
viability for purposes of section 4, the Secretaries shall adopt and 
implement, as part of the land management planning for each planning 
area, a comprehensive monitoring program to determine the status and 
trends of wildlife populations on National Forest System and Bureau of 
Land Management lands. Such monitoring programs shall designate 
indicator species representing the diversity of ecological systems and 
species present in the planning area, identify species-at-risk in the 
planning area, and provide for--
            (1) monitoring of the status and trends of the habitats and 
        ecological conditions that support indicator species and 
        species-at-risk;
            (2) population surveys of the indicator species identified 
        in the monitoring program at intervals sufficient to ensure 
        that monitoring is providing accurate information regarding the 
        status and trends of species' populations in the planning area; 
        and
            (3) population surveys of species-at-risk whose populations 
        are not adequately assessed by the population surveys of 
        indicator species at intervals sufficient to provide accurate 
        information regarding the status and trends of such species' 
        populations in the planning area.
    (b) The Secretary shall conduct such monitoring in cooperation with 
State fish and wildlife agencies to the extent practicable, and shall 
consider relevant population data maintained by Federal and State 
agencies, or other entities.

SEC. 6. COORDINATION.

    (a) The Secretaries shall coordinate, to the extent practicable and 
consistent with applicable law, the management of species populations 
in planning areas of the National Forest System and the Bureau of Land 
Management with the management of species populations on lands within 
the National Wildlife Refuge System and National Park System, and with 
other Federal agencies, State fish and wildlife agencies, tribes, local 
governments, and non-governmental organizations engaged in species 
conservation, in order to--
            (1) achieve and maintain viable populations of native and 
        desired non-native species;
            (2) reintroduce extirpated species, where appropriate, when 
        a population is no longer present;
            (3) establish linkages between habitats and discrete 
        populations;
            (4) address the impacts of changing climatic conditions on 
        species habitat, behavior, and migration; and
            (5) conduct other joint efforts in support of sustainable 
        plant and animal communities across jurisdictional boundaries.
    (b) Nothing in this section shall affect the legal authorities or 
management standards applicable to lands or species populations within 
the National Wildlife Refuge System or National Park System.
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