[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2192 Introduced in House (IH)]

111th CONGRESS
  1st Session
                                H. R. 2192

  To establish an integrated Federal program to protect, restore, and 
 conserve the Nation's natural resources in response to the threats of 
                climate change and ocean acidification.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             April 30, 2009

  Mr. Grijalva (for himself, Mr. Rahall, Mr. Dingell, Mr. Dicks, Mr. 
  George Miller of California, Mr. Pallone, Mrs. Capps, Mr. Holt, Mr. 
  Thompson of California, and Ms. Bordallo) introduced the following 
bill; which was referred to the Committee on Natural Resources, and in 
 addition to the Committees on Agriculture and Science and Technology, 
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 an integrated Federal program to protect, restore, and 
 conserve the Nation's natural resources in response to the threats of 
                climate change and ocean acidification.

    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 ``Climate Change Safeguards for 
Natural Resources Conservation Act''.

SEC. 2. PURPOSES.

    The purposes of this Act are to--
            (1) establish an integrated Federal program to protect, 
        restore, and conserve the Nation's natural resources in 
        response to the threats of climate change and ocean 
        acidification; and
            (2) provide financial support and incentives for programs, 
        strategies, and activities that protect, restore, and conserve 
        the Nation's natural resources in response to the threats of 
        climate change and ocean acidification.

SEC. 3. NATURAL RESOURCES CLIMATE CHANGE ADAPTATION POLICY.

    It is the policy of the Federal Government, in cooperation with 
State and local governments, Indian tribes, and other interested 
stakeholders to use all practicable means and measures to protect, 
restore, and conserve natural resources to enable them to become more 
resilient, adapt to, and withstand the impacts of climate change and 
ocean acidification.

SEC. 4. DEFINITIONS.

    In this Act:
            (1) Coastal state.--The term ``coastal State'' has the 
        meaning given the term in section 304 of the Coastal Zone 
        Management Act of 1972 (16 U.S.C. 1453).
            (2) Corridors.--The term ``corridors'' means areas that 
        provide connectivity, over different time scales (including 
        seasonal or longer), of habitat or potential habitat and that 
        facilitate the ability of terrestrial, marine, estuarine, and 
        freshwater fish, wildlife, or plants to move within a landscape 
        as needed for migration, gene flow, or dispersal, or in 
        response to the impacts of climate change and ocean 
        acidification or other impacts.
            (3) Ecological processes.--The term ``ecological 
        processes'' means biological, chemical, or physical interaction 
        between the biotic and abiotic components of an ecosystem and 
        includes--
                    (A) nutrient cycling;
                    (B) pollination;
                    (C) predator-prey relationships;
                    (D) soil formation;
                    (E) gene flow;
                    (F) disease epizootiology;
                    (G) larval dispersal and settlement;
                    (H) hydrological cycling;
                    (I) decomposition; and
                    (J) disturbance regimes such as fire and flooding.
            (4) Habitat.--The term ``habitat'' means the physical, 
        chemical, and biological properties that are used by fish, 
        wildlife, or plants for growth, reproduction, survival, food, 
        water, and cover, on a tract of land, in a body of water, or in 
        an area or region.
            (5) Indian tribe.--The term ``Indian tribe'' has the 
        meaning given the term in section 4 of the Indian Self-
        Determination and Education Assistance Act (25 U.S.C. 450b).
            (6) Natural resources.--The term ``natural resources'' 
        means the terrestrial, freshwater, estuarine, and marine fish, 
        wildlife, plants, land, water, habitats, and ecosystems of the 
        United States.
            (7) Natural resources adaptation.--The term ``natural 
        resources adaptation'' means the protection, restoration, and 
        conservation of natural resources to enable them to become more 
        resilient, adapt to, and withstand the impacts of climate 
        change and ocean acidification.
            (8) Resilience.--Each of the terms ``resilience'' and 
        ``resilient'' means the ability to resist or recover from 
        disturbance and preserve diversity, productivity, and 
        sustainability.
            (9) State.--The term ``State'' means--
                    (A) a State of the United States;
                    (B) the District of Columbia; and
                    (C) the Commonwealth of Puerto Rico, Guam, the 
                United States Virgin Islands, the Northern Mariana 
                Islands, and American Samoa.

SEC. 5. COUNCIL ON ENVIRONMENTAL QUALITY.

    The Chair of the Council on Environmental Quality shall--
            (1) advise the President on implementation and development 
        of--
                    (A) a Natural Resources Climate Change Adaptation 
                Strategy required under section 7; and
                    (B) Federal natural resource agency adaptation 
                plans required under section 9;
            (2) serve as the Chair of the Natural Resources Climate 
        Change Adaptation Panel established under section 6; and
            (3) coordinate Federal agency strategies, plans, programs, 
        and activities related to protecting, restoring, and 
        maintaining natural resources to become more resilient, adapt 
        to, and withstand the impacts of climate change and ocean 
        acidification.

SEC. 6. NATURAL RESOURCES CLIMATE CHANGE ADAPTATION PANEL.

    (a) Establishment.--Not later than 90 days after the date of the 
enactment of this Act, the President shall establish a Natural 
Resources Climate Change Adaptation Panel, consisting of--
            (1) the head, or their designee, of each of--
                    (A) the National Oceanic and Atmospheric 
                Administration;
                    (B) the Forest Service;
                    (C) the National Park Service;
                    (D) the United States Fish and Wildlife Service;
                    (E) the Bureau of Land Management;
                    (F) the United States Geological Survey;
                    (G) the Bureau of Reclamation; and
                    (H) the Bureau of Indian Affairs;
            (2) the Chair of the Council on Environmental Quality; and
            (3) the heads of such other Federal agencies or departments 
        with jurisdiction over natural resources of the United States, 
        as determined by the President.
    (b) Functions.--The Panel shall serve as a forum for interagency 
consultation on and the coordination of the development and 
implementation of a national Natural Resources Climate Change 
Adaptation Strategy required under section 7.
    (c) Chair.--The Chair of the Council on Environmental Quality shall 
serve as the Chair of the Panel.

SEC. 7. NATURAL RESOURCES CLIMATE CHANGE ADAPTATION STRATEGY.

    (a) In General.--Not later than one year after the date of the 
enactment of this Act, the President, through the Natural Resources 
Climate Change Adaptation Panel established under section 6, shall 
develop a Natural Resources Climate Change Adaptation Strategy to 
protect, restore, and conserve natural resources to enable them to 
become more resilient, adapt to, and withstand the impacts of climate 
change and ocean acidification and to identify opportunities to 
mitigate those impacts.
    (b) Development and Revision.--In developing and revising the 
Strategy, the Panel shall--
            (1) base the strategy on the best available science;
            (2) develop the strategy in close cooperation with States 
        and Indian tribes;
            (3) coordinate with other Federal agencies as appropriate;
            (4) consult with local governments, conservation 
        organizations, scientists, and other interested stakeholders;
            (5) provide public notice and opportunity for comment; and
            (6) review and revise the Strategy every 5 years to 
        incorporate new information regarding the impacts of climate 
        change and ocean acidification on natural resources and 
        advances in the development of strategies for becoming more 
        resilient and adapting to those impacts.
    (c) Contents.--The National Resources Adaptation Strategy shall 
include--
            (1) an assessment of the vulnerability of natural resources 
        to climate change and ocean acidification, including the short-
        term, medium-term, long-term, cumulative, and synergistic 
        impacts;
            (2) a description of current research, observation, and 
        monitoring activities at the Federal, State, tribal, and local 
        level related to the impacts of climate change and ocean 
        acidification on natural resources, as well as identification 
        of research and data needs and priorities;
            (3) identification of natural resources that are likely to 
        have the greatest need for protection, restoration, and 
        conservation because of the adverse effects of climate change 
        and ocean acidification;
            (4) specific protocols for integrating climate change and 
        ocean acidification adaptation strategies and activities into 
        the conservation and management of natural resources by Federal 
        departments and agencies to ensure consistency across agency 
        jurisdictions and resources;
            (5) specific actions that Federal departments and agencies 
        shall take to protect, conserve, and restore natural resources 
        to become more resilient, adapt to, and withstand the impacts 
        of climate change and ocean acidification, including a timeline 
        to implement those actions;
            (6) specific mechanisms for ensuring communication and 
        coordination among Federal departments and agencies, and 
        between Federal departments and agencies and State natural 
        resource agencies, United States territories, Indian tribes, 
        private landowners, conservation organizations, and other 
        nations that share jurisdiction over natural resources with the 
        United States;
            (7) specific actions to develop and implement consistent 
        natural resources inventory and monitoring protocols through 
        interagency coordination and collaboration; and
            (8) a process for guiding the development of detailed 
        agency- and department-specific adaptation plans required under 
        section 9 to address the impacts of climate change and ocean 
        acidification on the natural resources in the jurisdiction of 
        each agency.
    (d) Implementation.--Consistent with its authorities under other 
laws and with Federal trust responsibilities with respect to Indian 
lands, each Federal department or agency with representation on the 
National Resources Climate Change Adaptation Panel shall consider the 
impacts of climate change and ocean acidification and integrate the 
elements of the strategy into agency plans, environmental reviews, 
programs, and activities related to the conservation, restoration, and 
management of natural resources.

SEC. 8. NATURAL RESOURCES ADAPTATION SCIENCE AND INFORMATION.

    (a) Coordination.--Not later than 90 days after the date of the 
enactment of this Act, the Secretary of Commerce, acting through the 
Administrator of the National Oceanic and Atmospheric Administration, 
and the Secretary of the Interior, acting through the Director of the 
United States Geological Survey, shall establish a coordinated process 
for developing and providing science and information needed to assess 
and address the impacts of climate change and ocean acidification on 
natural resources. The process shall be led by the National Climate 
Change and Wildlife Science Center established within the United States 
Geological Survey under subsection (d) and the National Climate Service 
of the National Oceanic and Atmospheric Administration.
    (b) Functions.--The Secretaries shall ensure that such process 
avoids duplication and that the National Oceanic and Atmospheric 
Administration and the United States Geological Survey shall--
            (1) provide technical assistance to Federal departments and 
        agencies, State and local governments, Indian tribes, and 
        interested private landowners in their efforts to assess and 
        address the impacts of climate change and ocean acidification 
        on natural resources;
            (2) conduct and sponsor research and provide Federal 
        departments and agencies, State and local governments, Indian 
        tribes, and interested private landowners with research 
        products, decision and monitoring tools and information, to 
        develop strategies for assisting natural resources to become 
        more resilient, adapt to, and withstand the impacts of climate 
        change and ocean acidification; and
            (3) assist Federal departments and agencies in the 
        development of the adaptation plans required under section 9.
    (c) Survey.--Not later than one year after the date of enactment of 
this Act and every 5 years thereafter, the Secretary of Commerce and 
the Secretary of the Interior shall undertake a climate change and 
ocean acidification impact survey that--
            (1) identifies natural resources considered likely to be 
        adversely affected by climate change and ocean acidification;
            (2) includes baseline monitoring and ongoing trend 
        analysis;
            (3) uses a stakeholder process to identify and prioritize 
        needed monitoring and research that is of greatest relevance to 
        the ongoing needs of natural resource managers to address the 
        impacts of climate change and ocean acidification; and
            (4) identifies decision tools necessary to develop 
        strategies for assisting natural resources to become more 
        resilient and adapt to and withstand the impacts of climate 
        change and ocean acidification.
    (d) National Climate Change and Wildlife Science Center.--
            (1) Establishment.--The Secretary of the Interior shall 
        establish the National Climate Change and Wildlife Science 
        Center within the United States Geological Survey.
            (2) Functions.--The Center shall, in collaboration with 
        Federal and State natural resources agencies and departments, 
        Indian tribes, universities, and other partner organizations--
                    (A) assess and synthesize current physical and 
                biological knowledge and prioritize scientific gaps in 
                such knowledge in order to forecast the ecological 
                impacts of climate change on fish and wildlife at the 
                ecosystem, habitat, community, population, and species 
                levels;
                    (B) develop and improve tools to identify, 
                evaluate, and, where appropriate, link scientific 
                approaches and models for forecasting the impacts of 
                climate change and adaptation on fish, wildlife, 
                plants, and their habitats, including monitoring, 
                predictive models, vulnerability analyses, risk 
                assessments, and decision support systems to help 
                managers make informed decisions;
                    (C) develop and evaluate tools to adaptively manage 
                and monitor the effects of climate change on fish and 
                wildlife at national, regional, and local scales; and
                    (D) develop capacities for sharing standardized 
                data and the synthesis of such data.
    (e) Science Advisory Board.--
            (1) Establishment.--Not later than 180 days after the date 
        of enactment of this Act, the Secretary of Commerce and the 
        Secretary of the Interior shall establish and appoint the 
        members of a Science Advisory Board, to be comprised of not 
        fewer than 10 and not more than 20 members--
                    (A) who have expertise in fish, wildlife, plant, 
                aquatic, and coastal and marine biology, ecology, 
                climate change, ocean acidification, and other relevant 
                scientific disciplines;
                    (B) who represent a balanced membership among 
                Federal, State, Indian tribes, and local 
                representatives, universities, and conservation 
                organizations; and
                    (C) at least \1/2\ of whom are recommended by the 
                President of the National Academy of Sciences.
            (2) Duties.--The Science Advisory Board shall--
                    (A) advise the Secretaries on the state-of-the-
                science regarding the impacts of climate change and 
                ocean acidification on natural resources and scientific 
                strategies and mechanisms for protecting, restoring, 
                and conserving natural resources to enable them to 
                become more resilient, adapt to, and withstand the 
                impacts of climate change and ocean acidification; and
                    (B) identify and recommend priorities for ongoing 
                research needs on such issues.
            (3) Collaboration.--The Science Advisory Board shall 
        collaborate with other climate change and ecosystem research 
        entities in other Federal agencies and departments.
            (4) Availability to the public.--The advice and 
        recommendations of the Science Advisory Board shall be made 
        available to the public.

SEC. 9. FEDERAL NATURAL RESOURCE AGENCY ADAPTATION PLANS.

    (a) Development.--Not later than 1 year after the date of the 
development of a Natural Resources Climate Change Adaptation Strategy 
under section 7, each department or agency that has a representative on 
the Natural Resources Climate Change Adaptation Panel established under 
section 6 shall--
            (1) complete an adaptation plan for that department or 
        agency, respectively, implementing the Natural Resources 
        Climate Change Adaptation Strategy under section 7 and 
        consistent with the Natural Resources Climate Change Adaptation 
        Policy under section 3, detailing the department's or agency's 
        current and projected efforts to address the potential impacts 
        of climate change and ocean acidification on natural resources 
        within the department's or agency's jurisdiction and necessary 
        additional actions, including a timeline for implementation of 
        those actions;
            (2) provide opportunities for review and comment on that 
        adaptation plan by the public, including in the case of a plan 
        by the Bureau of Indian Affairs, review by Indian tribes; and
            (3) submit such plan to the President for approval.
    (b) Review by President and Submission to Congress.--
            (1) Review by president.--The President shall--
                    (A) approve an adaptation plan submitted under 
                subsection (a)(3) if the plan meets the requirements of 
                subsection (c) and is consistent with the strategy 
                developed under section 7;
                    (B) decide whether to approve the plan within 60 
                days after submission; and
                    (C) if the President disapproves a plan, direct the 
                department or agency to submit a revised plan to the 
                President under subsection (a)(3) within 60 days after 
                such disapproval.
            (2) Submission to congress.--Not later than 30 days after 
        the date of approval of such adaptation plan by the President, 
        the department or agency shall submit the approved plan to the 
        Committee on Natural Resources of the House of Representatives, 
        the Committee on Energy and Natural Resources of the Senate, 
        and the committees of the House of Representatives and the 
        Senate with principal jurisdiction over the department or 
        agency.
    (c) Requirements.--Each adaptation plan shall--
            (1) establish programs for assessing the current and future 
        impacts of climate change and ocean acidification on natural 
        resources within the department's or agency's, respectively, 
        jurisdiction, including cumulative and synergistic effects, and 
        for identifying and monitoring those natural resources that are 
        likely to be adversely affected and that have need for 
        conservation;
            (2) identify and prioritize the department's or agency's 
        strategies and specific conservation actions to address the 
        current and future impacts of climate change and ocean 
        acidification on natural resources within the scope of the 
        department's or agency's jurisdiction and to develop and 
        implement strategies to protect, restore, and conserve such 
        resources to become more resilient, adapt to, and better 
        withstand those impacts, including--
                    (A) the protection, restoration, and conservation 
                of terrestrial, marine, estuarine, and freshwater 
                habitats and ecosystems;
                    (B) the establishment of terrestrial, marine, 
                estuarine, and freshwater habitat linkages and 
                corridors;
                    (C) the restoration and conservation of ecological 
                processes;
                    (D) the protection of a broad diversity of native 
                species of fish, wildlife, and plant populations across 
                their range; and
                    (E) the protection of fish, wildlife, and plant 
                health, recognizing that climate can alter the 
                distribution and ecology of parasites, pathogens, and 
                vectors;
            (3) describe how the department or agency will integrate 
        such strategies and conservation activities into plans, 
        programs, activities, and actions of the department or agency, 
        related to the conservation and management of natural resources 
        and establish new plans, programs, activities, and actions as 
        necessary;
            (4) establish methods for assessing the effectiveness of 
        strategies and conservation actions taken to protect, restore, 
        and conserve natural resources to enable them to become more 
        resilient, adapt to, and withstand the impacts of climate 
        change and ocean acidification, and for updating those 
        strategies and actions to respond to new information and 
        changing conditions;
            (5) include a description of current and proposed 
        mechanisms to enhance cooperation and coordination of natural 
        resources adaptation efforts with other Federal agencies, State 
        and local governments, Indian tribes, and nongovernmental 
        stakeholders;
            (6) include specific written guidance to resource managers 
        to--
                    (A) explain how managers are expected to address 
                the effects of climate change and ocean acidification;
                    (B) identify how managers are to obtain any site-
                specific information that may be necessary; and
                    (C) reflect best practices shared among relevant 
                agencies, while also recognizing the unique missions, 
                objectives, and responsibilities of each agency; and
            (7) identify and assess data and information gaps necessary 
        to develop natural resources adaptation plans and strategies.
    (d) Implementation.--
            (1) In general.--Upon approval by the President, each 
        department or agency that serves on the Natural Resources 
        Climate Change Adaptation Panel shall implement its adaptation 
        plan through existing and new plans, policies, programs, 
        activities, and actions to the extent not inconsistent with 
        existing authority.
            (2) Consideration of impacts.--
                    (A) In general.--To the maximum extent practicable 
                and consistent with applicable law, every natural 
                resource management decision made by the department or 
                agency shall consider the impacts of climate change and 
                ocean acidification on those natural resources.
                    (B) Guidance.--The Council on Environmental Quality 
                shall issue guidance for Federal departments and 
                agencies for considering those impacts.
    (e) Revision and Review.--Not less than every 5 years, each 
adaptation plan under this section shall be reviewed and revised to 
incorporate the best available science and other information regarding 
the impacts of climate change and ocean acidification on natural 
resources.

SEC. 10. STATE NATURAL RESOURCES ADAPTATION PLANS.

    (a) Requirement.--In order to be eligible for funds under section 
11, not later than 1 year after the development of a Natural Resources 
Climate Change Adaptation Strategy required under section 7 each State 
shall prepare a State natural resources adaptation plan detailing the 
State's current and projected efforts to address the potential impacts 
of climate change and ocean acidification on natural resources and 
coastal areas within the State's jurisdiction.
    (b) Review or Approval.--
            (1) In general.--Each State adaptation plan shall be 
        reviewed and approved or disapproved by the Secretary of the 
        Interior and, as applicable, the Secretary of Commerce. Such 
        approval shall be granted if the plan meets the requirements of 
        subsection (c) and is consistent with the Natural Resources 
        Climate Change Adaptation Strategy required under section 7.
            (2) Approval or disapproval.--Within 180 days after 
        transmittal of such a plan, or a revision to such a plan, the 
        Secretary of the Interior and, as applicable, the Secretary of 
        Commerce shall approve or disapprove the plan by written 
        notice.
            (3) Resubmittal.--Within 90 days after transmittal of a 
        resubmitted adaptation plan as a result of disapproval under 
        paragraph (3), the Secretary of the Interior and, as 
        applicable, the Secretary of Commerce, shall approve or 
        disapprove the plan by written notice.
    (c) Contents.--A State natural resources adaptation plan shall--
            (1) include a strategy for addressing the impacts of 
        climate change and ocean acidification on terrestrial, marine, 
        estuarine, and freshwater fish, wildlife, plants, habitats, 
        ecosystems, wildlife health, and ecological processes, that--
                    (A) describes the impacts of climate change and 
                ocean acidification on the diversity and health of the 
                fish, wildlife and plant populations, habitats, 
                ecosystems, and associated ecological processes;
                    (B) establishes programs for monitoring the impacts 
                of climate change and ocean acidification on fish, 
                wildlife, and plant populations, habitats, ecosystems, 
                and associated ecological processes;
                    (C) describes and prioritizes proposed conservation 
                actions to assist fish, wildlife, plant populations, 
                habitats, ecosystems, and associated ecological 
                processes in becoming more resilient, adapting to, and 
                better withstanding those impacts;
                    (D) includes strategies, specific conservation 
                actions, and a time frame for implementing conservation 
                actions for fish, wildlife, and plant populations, 
                habitats, ecosystems, and associated ecological 
                processes;
                    (E) establishes methods for assessing the 
                effectiveness of strategies and conservation actions 
                taken to assist fish, wildlife, and plant populations, 
                habitats, ecosystems, and associated ecological 
                processes in becoming more resilient, adapt to, and 
                better withstand the impacts of climate changes and 
                ocean acidification and for updating those strategies 
                and actions to respond appropriately to new information 
                or changing conditions;
                    (F) is incorporated into a revision of the State 
                wildlife action plan (also known as the State 
                comprehensive wildlife strategy)--
                            (i) that has been submitted to the United 
                        States Fish and Wildlife Service; and
                            (ii) that has been approved by the Service 
                        or on which a decision on approval is pending; 
                        and
                    (G) is developed--
                            (i) with the participation of the State 
                        fish and wildlife agency, the State coastal 
                        agency, the State agency responsible for 
                        administration of Land and Water Conservation 
                        Fund grants, the State Forest Legacy program 
                        coordinator, and other State agencies 
                        considered appropriate by the Governor of such 
                        State; and
                            (ii) in coordination with the Secretary of 
                        the Interior, and where applicable, the 
                        Secretary of Commerce and other States that 
                        share jurisdiction over natural resources with 
                        the State; and
            (2) include, in the case of a coastal State, a strategy for 
        addressing the impacts of climate change and ocean 
        acidification on the coastal zone that--
                    (A) identifies natural resources that are likely to 
                be impacted by climate change and ocean acidification 
                and describes those impacts;
                    (B) identifies and prioritizes continuing research 
                and data collection needed to address those impacts 
                including--
                            (i) acquisition of high resolution coastal 
                        elevation and nearshore bathymetry data;
                            (ii) historic shoreline position maps, 
                        erosion rates, and inventories of shoreline 
                        features and structures;
                            (iii) measures and models of relative rates 
                        of sea level rise or lake level changes, 
                        including effects on flooding, storm surge, 
                        inundation, and coastal geological processes;
                            (iv) habitat loss, including projected 
                        losses of coastal wetlands and potentials for 
                        inland migration of natural shoreline habitats;
                            (v) ocean and coastal species and ecosystem 
                        migrations, and changes in species population 
                        dynamics;
                            (vi) changes in storm frequency, intensity, 
                        or rainfall patterns;
                            (vii) saltwater intrusion into coastal 
                        rivers and aquifers;
                            (viii) changes in chemical or physical 
                        characteristics of marine and estuarine 
                        systems;
                            (ix) increased harmful algal blooms; and
                            (x) spread of invasive species;
                    (C) identifies and prioritizes adaptation 
                strategies to protect, restore, and conserve natural 
                resources to enable them to become more resilient, 
                adapt to, and withstand the impacts of climate change 
                and ocean acidification, including--
                            (i) protection, maintenance, and 
                        restoration of ecologically important coastal 
                        lands, coastal and ocean ecosystems, and 
                        species biodiversity and the establishment of 
                        habitat buffer zones, migration corridors, and 
                        climate refugia; and
                            (ii) improved planning, siting policies, 
                        and hazard mitigation strategies;
                    (D) establishes programs for the long-term 
                monitoring of the impacts of climate change and ocean 
                acidification on the ocean and coastal zone and to 
                assess and adjust, when necessary, such adaptive 
                management strategies;
                    (E) establishes performance measures for assessing 
                the effectiveness of adaptation strategies intended to 
                improve resilience and the ability of natural resources 
                in the coastal zone to adapt to and withstand the 
                impacts of climate change and ocean acidification and 
                of adaptation strategies intended to minimize those 
                impacts on the coastal zone and to update those 
                strategies to respond to new information or changing 
                conditions; and
                    (F) is developed with the participation of the 
                State coastal agency and other appropriate State 
                agencies and in coordination with the Secretary of 
                Commerce and other appropriate Federal agencies.
    (d) Public Input.--States shall provide for solicitation and 
consideration of public and independent scientific input in the 
development of their plans.
    (e) Coordination With Other Plans.--The State plan shall take into 
consideration research and information contained in, and coordinate 
with and integrate the goals and measures identified in, as 
appropriate, other natural resources conservation strategies, 
including--
            (1) the national fish habitat action plan;
            (2) plans under the North American Wetlands Conservation 
        Act (16 U.S.C. 4401 et seq.);
            (3) the Federal, State, and local partnership known as 
        ``Partners in Flight'';
            (4) federally approved coastal zone management plans under 
        the Coastal Zone Management Act of 1972 (16 U.S.C. 1451 et 
        seq.);
            (5) federally approved regional fishery management plants 
        and habitat conservation activities under the Magnuson-Stevens 
        Fishery Conservation and Management Act (16 U.S.C. 1801 et 
        seq.);
            (6) the national coral reef action plan;
            (7) recovery plans for threatened species and endangered 
        species under section 4(f) of the Endangered Species Act of 
        1973 (16 U.S.C. 1533(f));
            (8) habitat conservation plans under section 10 of that Act 
        (16 U.S.C. 1539);
            (9) other Federal, State, and tribal plans for imperiled 
        species;
            (10) State or tribal hazard mitigation plans;
            (11) State or tribal water management plans; and
            (12) other State-based strategies that comprehensively 
        implement adaptation activities to remediate the effects of 
        climate change and ocean acidification on terrestrial, marine, 
        and freshwater fish, wildlife, plants, and other natural 
        resources.
    (f) Updating.--Each State plan shall be updated not less than every 
5 years.
    (g) Funding.--
            (1) In general.--Funds allocated to States under section 11 
        shall be used only for activities that are consistent with a 
        State natural resources adaptation plan that has been approved 
        by the Secretaries of Interior and Commerce.
            (2) Funding prior to the approval of a state plan.--Until 
        the earlier of the date that is 3 years after the date of the 
        enactment of this Act or the date on which a State receives 
        approval for the State strategy, a State shall be eligible to 
        receive funding under section 11 for adaptation activities that 
        are--
                    (A) consistent with the comprehensive wildlife 
                strategy of the State and, where appropriate, other 
                natural resources conservation strategies; and
                    (B) in accordance with a workplan developed in 
                coordination with--
                            (i) the Secretary of the Interior; and
                            (ii) the Secretary of Commerce, for any 
                        coastal State subject to the condition that 
                        coordination with the Secretary of Commerce 
                        shall be required only for those portions of 
                        the strategy relating to activities affecting 
                        the coastal zone.
            (3) Pending approval.--During the period for which approval 
        by the applicable Secretary of a State plan is pending, the 
        State may continue receiving funds under section 11 pursuant to 
        the workplan described in paragraph (2)(B).

SEC. 11. NATURAL RESOURCES CLIMATE CHANGE ADAPTATION FUND.

    (a) Establishment of Fund.--There is hereby established in the 
Treasury a separate account that shall be known as the Natural 
Resources Climate Change Adaptation Account.
    (b) Availability of Amounts.--All amounts deposited into the 
Natural Resources Climate Change Adaptation Fund shall be available 
without further appropriation or fiscal year limitation.
    (c) Allocations.--
            (1) States.--38.5 percent of the amounts made available for 
        each fiscal year to carry out this Act shall be provided to 
        States to carry out natural resources adaptation activities in 
        accordance with State natural resources adaptation plans 
        approved under section 10. Specifically--
                    (A) 32.5 percent shall be available to State 
                wildlife agencies in accordance with the apportionment 
                formula established under the second subsection (c) of 
                section 4 of the Pittman-Robertson Wildlife Restoration 
                Act (16 U.S.C. 669c), as added by section 902(e) of 
                H.R. 5548 as introduced in the 106th Congress and 
                enacted into law by section 1(a)(2) of Public Law 106-
                553 (114 Stat. 2762A-119); and
                    (B) 6 percent shall be available to State coastal 
                agencies pursuant to the formula established by the 
                Secretary of Commerce under section 306(c) of the 
                Coastal Management Act of 1972 (16 U.S.C. 1455(c)).
            (2) Department of the interior.--Of the amounts made 
        available for each fiscal year to carry out this Act--
                    (A) 17 percent shall be allocated to the Secretary 
                of the Interior for use in funding--
                            (i) natural resources adaptation activities 
                        carried out--
                                    (I) under endangered species, 
                                migratory species, and other fish and 
                                wildlife programs administered by the 
                                National Park Service, the United 
                                States Fish and Wildlife Service, the 
                                Bureau of Indian Affairs, and the 
                                Bureau of Land Management;
                                    (II) on wildlife refuges, National 
                                Park Service land, and other public 
                                land under the jurisdiction of the 
                                United States Fish and Wildlife 
                                Service, the Bureau of Land Management, 
                                the Bureau of Indian Affairs, or the 
                                National Park Service; or
                                    (III) within Federal water managed 
                                by the Bureau of Reclamation and the 
                                National Park Service; and
                            (ii) for the implementation of the National 
                        Fish and Wildlife Habitat and Corridors 
                        Identification Program pursuant to section 12;
                    (B) 5 percent shall be allocated to the Secretary 
                of the Interior for natural resources adaptation 
                activities carried out under cooperative grant 
                programs, including--
                            (i) the cooperative endangered species 
                        conservation fund authorized under section 6 of 
                        the Endangered Species Act of 1973 (16 U.S.C. 
                        1535);
                            (ii) programs under the North American 
                        Wetlands Conservation Act (16 U.S.C. 4401 et 
                        seq.);
                            (iii) the Neotropical Migratory Bird 
                        Conservation Fund established by section 9(a) 
                        of the Neotropical Migratory Bird Conservation 
                        Act (16 U.S.C. 6108(a));
                            (iv) the Coastal Program of the United 
                        States Fish and Wildlife Service;
                            (v) the National Fish Habitat Action Plan;
                            (vi) the Partners for Fish and Wildlife 
                        Program;
                            (vii) the Landowner Incentive Program;
                            (viii) the Wildlife Without Borders Program 
                        of the United States Fish and Wildlife Service; 
                        and
                            (ix) the Migratory Species Program and Park 
                        Flight Migratory Bird Program of the National 
                        Park Service; and
                    (C) 3 percent shall be allocated to the Secretary 
                of the Interior to provide financial assistance to 
                Indian tribes to carry out natural resources adaptation 
                activities through the Tribal Wildlife Grants Program 
                of the United States Fish and Wildlife Service.
            (3) Land and water conservation fund.--
                    (A) Deposits.--
                            (i) In general.--Of the amounts made 
                        available for each fiscal year to carry out 
                        this Act, 12 percent shall be deposited into 
                        the Land and Water Conservation Fund 
                        established under section 2 of the Land and 
                        Water Conservation Fund Act of 1965 (16 U.S.C. 
                        460l-5).
                            (ii) Use of deposits.--Deposits into the 
                        Land and Water Conservation Fund under this 
                        paragraph shall--
                                    (I) be supplemental to 
                                authorizations provided under section 3 
                                of the Land and Water Conservation Fund 
                                Act of 1965 (16 U.S.C. 460l-6), which 
                                shall remain available for 
                                nonadaptation needs; and
                                    (II) be available for expenditure 
                                to carry out this Act without further 
                                appropriation or fiscal year 
                                limitation.
                    (B) Allocations.--Of the amounts deposited under 
                this paragraph into the Land and Water Conservation 
                Fund--
                            (i) \1/6\ shall be allocated to the 
                        Secretary of the Interior and made available on 
                        a competitive basis to carry out natural 
                        resources adaptation activities through the 
                        acquisition of land and interests in land under 
                        section 6 of the Land and Water Conservation 
                        Fund Act of 1965 (16 U.S.C. 460l-8)--
                                    (I) to States in accordance with 
                                their natural resources adaptation 
                                plans, and to Indian tribes;
                                    (II) notwithstanding section 5 of 
                                that Act (16 U.S.C. 460l-7); and
                                    (III) in addition to any funds 
                                provided pursuant to annual 
                                appropriations Acts, the Energy Policy 
                                Act of 2005 (42 U.S.C. 15801 et seq.), 
                                or any other authorization for 
                                nonadaptation needs;
                            (ii) \1/3\ shall be allocated to the 
                        Secretary of the Interior to carry out natural 
                        resources adaptation activities through the 
                        acquisition of lands and interests in land 
                        under section 7 of the Land and Water 
                        Conservation Fund Act of 1965 (16 U.S.C. 460l-
                        9);
                            (iii) \1/6\ shall be allocated to the 
                        Secretary of Agriculture and made available to 
                        the States and Indian tribes to carry out 
                        natural resources adaptation activities through 
                        the acquisition of land and interests in land 
                        under section 7 of the Forest Legacy Program 
                        under the Cooperative Forestry Assistance Act 
                        of 1978 (16 U.S.C. 2103c); and
                            (iv) \1/3\ shall be allocated to the 
                        Secretary of Agriculture to carry out natural 
                        resources adaptation activities through the 
                        acquisition of land and interests in land under 
                        section 7 of the Land and Water Conservation 
                        Fund Act of 1965 (16 U.S.C. 460l-9).
                    (C) Expenditure of funds.--In allocating funds 
                under subparagraph (B), the Secretary of the Interior 
                and the Secretary of Agriculture shall take into 
                consideration factors including--
                            (i) the availability of non-Federal 
                        contributions from State, local, or private 
                        sources;
                            (ii) opportunities to protect fish and 
                        wildlife corridors or otherwise to link or 
                        consolidate fragmented habitats;
                            (iii) opportunities to reduce the risk of 
                        catastrophic wildfires, drought, extreme 
                        flooding, or other climate-related events that 
                        are harmful to fish and wildlife and people; 
                        and
                            (iv) the potential for conservation of 
                        species or habitat types at serious risk due to 
                        climate change, ocean acidification, and other 
                        stressors.
            (4) Forest service.--Of the amounts made available for each 
        fiscal year to carry out this Act, 5 percent shall be allocated 
        to the Secretary of Agriculture for use in funding natural 
        resources adaptation activities carried out on national forests 
        and national grasslands under the jurisdiction of the Forest 
        Service.
            (5) Department of commerce.--Of the amounts made available 
        for each fiscal year to carry out this Act, 7 percent shall be 
        allocated to the Secretary of Commerce for use in funding 
        natural resources adaptation activities to protect, maintain, 
        and restore coastal, estuarine, and marine resources, habitats, 
        and ecosystems, including such activities carried out under--
                    (A) the coastal and estuarine land conservation 
                program;
                    (B) the community-based restoration program;
                    (C) the Coastal Zone Management Act of 1972 (16 
                U.S.C. 1451 et seq.), that are specifically designed to 
                strengthen the ability of coastal, estuarine, and 
                marine resources, habitats, and ecosystems to adapt to 
                and withstand the impacts of climate change and ocean 
                acidification;
                    (D) the Open Rivers Initiative;
                    (E) the Magnuson-Stevens Fishery Conservation and 
                Management Act (16 U.S.C. 1801 et seq.);
                    (F) the Marine Mammal Protection Act of 1972 (16 
                U.S.C. 1361 et seq.);
                    (G) the Endangered Species Act of 1973 (16 U.S.C. 
                1531 et seq.);
                    (H) the Marine Protection, Research, and 
                Sanctuaries Act of 1972 (33 U.S.C. 1401 et seq.);
                    (I) the Coral Reef Conservation Act of 2000 (16 
                U.S.C. 6401 et seq.); and
                    (J) the Estuary Restoration Act of 2000 (33 U.S.C. 
                2901 et seq.).
            (6) Other federal agencies.--Of the amount made available 
        for each fiscal year to carry out this Act, 12.5 percent shall 
        be allocated to Federal departments and agencies to which funds 
        are not otherwise allocated by this subsection and that have 
        with jurisdiction over natural resources, for use in funding 
        natural resources adaptation activities.
    (d) Use of Funds by Federal Departments and Agencies.--Funds 
allocated to Federal departments and agencies under this section shall 
only be used for natural resources adaptation activities that are 
consistent with an adaptation plan developed and approved by the 
President under section 9.
    (e) State Cost Sharing.--Notwithstanding any other provision of 
law, a State that receives a grant with amounts allocated under this 
section shall use funds from non-Federal sources to pay 10 percent of 
the costs of each activity carried out using amounts provided under the 
grant.

SEC. 12. NATIONAL WILDLIFE HABITAT AND CORRIDORS INFORMATION PROGRAM.

    (a) Establishment.--Within 6 months of the date of enactment of 
this Act, the Secretary of the Interior, in cooperation with the States 
and Indian tribes, shall establish a National Fish and Wildlife Habitat 
and Corridors Information Program in accordance with the requirements 
of this section.
    (b) Purpose.--The purpose of this program is to--
            (1) support States and Indian tribes in the development of 
        a geographic information system database of fish and wildlife 
        habitat and corridors that would inform planning and 
        development decisions within each State, enable each State to 
        model climate impacts and adaptation, and provide 
        geographically specific enhancements of State wildlife action 
        plans;
            (2) ensure the collaborative development, with the States 
        and Indian tribes, of a comprehensive, national geographic 
        information system database of maps, models, data, surveys, 
        informational products, and other geospatial information 
        regarding fish and wildlife habitat and corridors, that--
                    (A) is based on consistent protocols for sampling 
                and mapping across landscapes that take into account 
                regional differences; and
                    (B) that utilizes--
                            (i) existing and planned State- and tribal-
                        based geographic information system databases; 
                        and
                            (ii) existing databases, analytical tools, 
                        metadata activities, and other information 
                        products available through the National 
                        Biological Information Infrastructure 
                        maintained by the Secretary and nongovernmental 
                        organizations; and
            (3) facilitate the use of such databases by Federal, State, 
        local, and tribal decisionmakers to incorporate qualitative 
        information on fish and wildlife habitat and corridors at the 
        earliest possible stage to--
                    (A) prioritize and target natural resources 
                adaptation strategies and activities;
                    (B) avoid, minimize, and mitigate the impacts on 
                fish and wildlife habitat and corridors in siting 
                energy development, water, transmission, 
                transportation, and other land use projects;
                    (C) assess the impacts of existing development on 
                habitats and corridors; and
                    (D) develop management strategies to enhance the 
                ability of fish, wildlife, and plant species to migrate 
                or respond to shifting habitats within existing 
                habitats and corridors.
    (c) Habitat and Corridors Information System.--
            (1) In general.--The Secretary, in cooperation with the 
        States and Indian tribes, shall develop a Habitat and Corridors 
        Information System.
            (2) Contents.--The System shall--
                    (A) include maps, data, and descriptions of fish 
                and wildlife habitat and corridors, that--
                            (i) have been developed by Federal 
                        agencies, State wildlife agencies and natural 
                        heritage programs, Indian tribes, local 
                        governments, nongovernmental organizations, and 
                        industry; and
                            (ii) meet accepted Geospatial 
                        Interoperability Framework data and metadata 
                        protocols and standards;
                    (B) include maps and descriptions of projected 
                shifts in habitats and corridors of fish and wildlife 
                species in response to climate change;
                    (C) assure data quality and make the data, models, 
                and analyses included in the System available at scales 
                useful to decisionmakers--
                            (i) to prioritize and target natural 
                        resources adaptation strategies and activities;
                            (ii) to assess the impacts of proposed 
                        energy development, water, transmission, 
                        transportation, and other land use projects and 
                        avoid, minimize, and mitigate those impacts on 
                        habitats and corridors;
                            (iii) to assess the impacts of existing 
                        development on habitats and corridors; and
                            (iv) to develop management strategies to 
                        enhance the ability of fish, wildlife, and 
                        plant species to migrate or respond to shifting 
                        habitats within existing habitats and 
                        corridors;
                    (D) establish a process for updating maps and other 
                information as landscapes, habitats, corridors, and 
                wildlife populations change or as other information 
                becomes available;
                    (E) encourage the development of collaborative 
                plans by Federal and State agencies and Indian tribes 
                to monitor and evaluate the efficacy of the System to 
                meet the needs of decisionmakers;
                    (F) identify gaps in habitat and corridor 
                information, mapping, and research that should be 
                addressed to fully understand and assess current data 
                and metadata, and to prioritize research and future 
                data collection activities for use in updating the 
                System and provide support for those activities;
                    (G) include mechanisms to support collaborative 
                research, mapping, and planning of habitats and 
                corridors by Federal and State agencies, Indian tribes, 
                and other interested stakeholders;
                    (H) incorporate biological and geospatial data on 
                species and corridors found in energy development and 
                transmission plans, including renewable energy 
                initiatives, transportation, and other land use plans;
                    (I) be based on the best scientific information 
                available; and
                    (J) identify, prioritize, and describe key parcels 
                of non-Federal land located within the boundaries of 
                units of the National Park System, National Wildlife 
                Refuge System, National Forest System, or National 
                Grassland System that are critical to maintenance of 
                wildlife habitat and migration corridors.
    (d) Financial and Other Support.--The Secretary may provide support 
to the States and Indian tribes, including financial and technical 
assistance, for activities that support the development and 
implementation of the System.
    (e) Coordination.--The Secretary, in cooperation with the States 
and Indian tribes, shall make recommendations on how the information 
developed in the System may be incorporated into existing relevant 
State and Federal plans affecting fish and wildlife, including land 
management plans, the State Comprehensive Wildlife Conservation 
Strategies, and appropriate tribal conservation plans, to ensure that 
they--
            (1) prevent unnecessary habitat fragmentation and 
        disruption of corridors;
            (2) promote the landscape connectivity necessary to allow 
        wildlife to move as necessary to meet biological needs, adjust 
        to shifts in habitat, and adapt to climate change; and
            (3) minimize the impacts of energy, development, water, 
        transportation, and transmission projects and other activities 
        expected to impact habitat and corridors.
    (f) Definitions.--In this section:
            (1) Geospatial interoperability framework.--The term 
        ``Geospatial Interoperability Framework'' means the strategy 
        utilized by the National Biological Information Infrastructure 
        that is based upon accepted standards, specifications, and 
        protocols adopted through the International Standards 
        Organization, the Open Geospatial Consortium, and the Federal 
        Geographic Data Committee, to manage, archive, integrate, 
        analyze, and make accessible geospatial and biological data and 
        metadata.
            (2) Secretary.--The term ``Secretary'' means the Secretary 
        of the Interior.

SEC. 13. ADDITIONAL PROVISIONS REGARDING 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.--If a Federal department or agency 
receives any information related to sacred sites or cultural activities 
identified by an Indian tribe as confidential, such information shall 
be exempt from disclosure under section 552 of title 5, United States 
Code, popularly known as the Freedom of Information Act (5 U.S.C. 552).
    (c) Application of Other Law.--The Secretary of the Interior may 
apply the provisions of Public Law 93-638 where appropriate in the 
implementation of this Act.
                                 <all>