[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5101 Introduced in House (IH)]

111th CONGRESS
  2d Session
                                H. R. 5101

   To expand the science and stewardship of America's most important 
                          wildlife corridors.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             April 21, 2010

  Mr. Holt (for himself, Mr. Polis of Colorado, Mr. Hinchey, and Mr. 
 George Miller of California) introduced the following bill; which was 
referred to the Committee on Natural Resources, and in addition to the 
Committees on Transportation and Infrastructure and Agriculture, for a 
 period to be subsequently determined by the Speaker, in each case for 
consideration of such provisions as fall within the jurisdiction of the 
                          committee concerned

_______________________________________________________________________

                                 A BILL


 
   To expand the science and stewardship of America's most important 
                          wildlife corridors.

    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 ``Wildlife Corridors Conservation Act 
of 2010''.

SEC. 2. NATIONAL FISH AND WILDLIFE HABITAT AND CORRIDORS INFORMATION 
              PROGRAM.

    (a) Establishment.--Within 6 months after 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 and Indian tribe, 
        enable each State and Indian tribe to model climate impacts and 
        adaptation, and provide geographically specific enhancements of 
        State and tribal 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 and 
        quantitative 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 native 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 coordinated 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 affected by 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.
    (g) Authorization of Appropriations.--To carry out this section 
there is authorized to be appropriated to the Secretary $1,000,000.

SEC. 3. 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.--Information received by a Federal agency 
pursuant to this Act relating to the location, character, or ownership 
of human remains of a person of Indian ancestry; or resources, cultural 
items, uses, or activities identified by an Indian tribe as traditional 
or cultural because of the long-established significance or ceremonial 
nature to the Indian tribe; shall not be subject to disclosure under 
section 552 of title 5, United States Code, if the head of the agency, 
in consultation with the Secretary of the Interior and an affected 
Indian tribe, determines that disclosure may--
            (1) cause a significant invasion of privacy;
            (2) risk harm to the human remains or resources, cultural 
        items, uses, or activities; or
            (3) impede the use of a traditional religious site by 
        practitioners.
    (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 subpart.

SEC. 4. WILDLIFE CORRIDORS STEWARDSHIP AND PROTECTION PROGRAM.

    (a) Establishment of Program.--
            (1) In general.--Subject to paragraph (2), the Secretary of 
        the Interior shall transfer amounts in the Wildlife Corridors 
        Stewardship and Protection Fund established by this section, 
        without further Act of appropriation, to the National Fish and 
        Wildlife Foundation for use by the Foundation to establish and 
        implement a Wildlife Corridors Stewardship and Protection Grant 
        Program in accordance with this section to fund projects to 
        advance important wildlife corridor stewardship and protection.
            (2) Administrative expenses.--The Secretary of the Interior 
        may transfer funds to the Foundation under this subsection in 
        advance, without regard to when expenses are incurred. The 
        funds transferred shall be subject to the provisions of the 
        National Fish and Wildlife Foundation Establishment Act, 
        excluding subsection (a) of section 10 of that Act (16 U.S.C. 
        3709(a)).
    (b) Project Applicants.--A project proposal may be submitted to the 
Foundation for funding under the Program only by--
            (1) an individual, corporation, partnership, non-
        governmental organization, trust, association, or other private 
        entity; or
            (2) an officer, employee, agent, department, or 
        instrumentality of the Federal Government, of any State, 
        municipality, or political subdivision of a State.
    (c) Project Selection.--The Foundation, in consultation with the 
Secretary, shall select for funding under the Program projects that 
will have the most significant on-the-ground impact for wildlife 
species of greatest conservation need by--
            (1) enhancing the management and stewardship of important 
        wildlife corridors identified by State or Federal agencies; or
            (2) protecting important wildlife corridors identified by 
        State or Federal agencies.
    (d) Cost Sharing.--The Federal share of the cost of each project 
funded under the Program shall be not greater than 50 percent, and the 
non-Federal share required for such a project shall not be derived from 
any Federal grant program and may be paid in cash or in kind.
    (e) Administrative Expenses.--Of amounts transferred to the 
Foundation under this section each fiscal year, the Foundation may 
expend not more than 5 percent or $100,000, whichever is greater, to 
pay the administrative expenses necessary to administer the Program.
    (f) Wildlife Corridors Stewardship and Protection Fund.--
            (1) Establishment.--There is established in the Treasury a 
        separate account, which shall be known as the ``Wildlife 
        Corridors Stewardship and Protection Fund''. The Secretary of 
        the Treasury shall deposit into the Fund--
                    (A) all amounts received by the Secretary of the 
                Interior in the form of donations for wildlife corridor 
                stewardship and protection under this section; and
                    (B) other amounts appropriated to the Fund.
            (2) Donations.--The Secretary may accept donations of funds 
        for wildlife corridor stewardship and protection under this 
        section.

SEC. 5. WILDLIFE CORRIDOR MANAGEMENT ON PUBLIC LANDS.

    (a) Finding.--Section 102(a)(8) of the Federal Land Policy and 
Management Act of 1976 (43 U.S.C. 1701(a)(8)) is amended by inserting 
``, including important wildlife corridors,'' before ``in their natural 
condition''.
    (b) Definition of Areas of Critical Environmental Concern.--Section 
103(a) of the Federal Land Policy and Management Act of 1976 (43 
U.S.C.1702(a)) is amended by inserting ``(including important wildlife 
corridors)'' after ``fish and wildlife resources''.

SEC. 6. NATIONAL FOREST SYSTEM RESOURCE PLANNING.

    Section 6(e)(1) of the Forest and Rangeland Renewable Resources Act 
of 1974 (16 U.S.C. 1604(e)(1)) is amended by inserting ``important 
wildlife corridors,'' before ``and wilderness''.

SEC. 7. TRANSPORTATION PROGRAMS.

    (a) Accommodation of Wildlife Movement.--As a condition for the 
receipt of Federal assistance for a highway construction project under 
title 23, United States Code, the Secretary of Transportation may 
ensure that a State or other recipient of such assistance gives the 
accommodation of wildlife movement full consideration during the 
development and construction of the project, as it relates to--
            (1) improving motorist safety;
            (2) reducing wildlife mortality on highways; and
            (3) providing ecological connectivity to support population 
        viability and other wildlife conservation objectives.
    (b) Specific Conditions.--In carrying out subsection (a), the 
Secretary shall ensure that a State or other recipient of assistance 
under title 23, United States Code--
            (1) considers incorporating wildlife crossings in any 
        highway construction project carried out using such assistance, 
        and incorporates wildlife crossings in the project, if 
        appropriate;
            (2) provides to the Secretary a statement of reasons 
        explaining the extent of wildlife crossings to be included in 
        such highway construction projects or why wildlife crossings 
        are not appropriate; and
            (3) utilizes the best available commercial and scientific 
        data in making determinations on incorporating wildlife 
        crossings in such highway construction projects.

SEC. 8. AGRICULTURAL CONSERVATION PROGRAMS.

    (a) Special Rule Involving Payments for Foregone Income.--Section 
1240B(d)(3) of the Food Security Act of 1985 (16 U.S.C. 3839aa-2(d)(3)) 
is amended to read as follows:
            ``(3) Special rule involving payments for foregone 
        income.--In determining the amount and rate of payments under 
        paragraph (2)(B), the Secretary may accord great significance 
        to a practice that, as determined by the Secretary, promotes--
                    ``(A) residue management;
                    ``(B) nutrient management;
                    ``(C) air quality management;
                    ``(D) invasive species management;
                    ``(E) pollinator habitat;
                    ``(F) animal carcass management technology;
                    ``(G) pest management; or
                    ``(H) wildlife corridor management.''.
    (b) Encouragement of Pollinator Development and Protection or 
Important Wildlife Corridor Stewardship and Protection.--Section 
1244(h) of the Food Security Act of 1985 (16 U.S.C. 3844(h)) is amended 
to read as follows:
    ``(h) Encouragement of Pollinator Development and Protection or 
Important Wildlife Corridor Stewardship and Protection.--In carrying 
out any conservation program administered by the Secretary, the 
Secretary may, as appropriate, encourage--
            ``(1) the development of habitat for native and managed 
        pollinators;
            ``(2) the stewardship of habitat in important wildlife 
        corridors; and
            ``(3) the use of conservation practices that benefit native 
        and managed pollinators or important wildlife corridors 
        identified as such by a State.''.
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