110 HR 7151 IH: America’s Wildlife Heritage U.S. House of Representatives 2008-09-26 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

I 110th CONGRESS 2d Session H. R. 7151 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.

1.

Short title

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

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.

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.

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.

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.

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.