[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[S. 1933 Introduced in Senate (IS)]

111th CONGRESS
  1st Session
                                S. 1933

To establish an integrated Federal program that protects, restores, and 
conserves natural resources by responding to the threats and effects of 
                climate change, and for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                            October 27, 2009

Mr. Bingaman (for himself, Mr. Baucus, Mr. Whitehouse, and Mr. Udall of 
  New Mexico) introduced the following bill; which was read twice and 
       referred to the Committee on Environment and Public Works

_______________________________________________________________________

                                 A BILL


 
To establish an integrated Federal program that protects, restores, and 
conserves natural resources by responding to the threats and effects of 
                climate change, and for other purposes.

    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 ``Natural Resources Climate Adaptation 
Act''.

SEC. 2. PURPOSES.

    The purposes of this Act are--
            (1) to integrate Federal agency activities to respond to 
        ongoing and expected impacts of climate change (including, if 
        applicable, ocean acidification, drought, invasive species, 
        flooding, and wildfire) by protecting, restoring, and 
        conserving the natural resources and associated ecosystem 
        services of the United States; and
            (2) to provide financial support and incentives for 
        authorized programs, strategies, and activities to protect, 
        restore, and conserve natural resources and associated 
        ecosystem services in response to threats and effects of 
        climate change.

SEC. 3. DEFINITIONS.

    In this Act:
            (1) Board.--The term ``Board'' means the Natural Resources 
        Adaptation Science Advisory Board established by section 
        4(e)(1).
            (2) Coastal state.--The term ``coastal State'' has the 
        meaning given the term ``coastal state'' in section 304 of the 
        Coastal Zone Management Act of 1972 (16 U.S.C. 1453).
            (3) Corridors.--The term ``corridors'' means areas that--
                    (A) provide connectivity, over different time 
                scales, of habitats or potential habitats; and
                    (B) facilitate terrestrial, marine, estuarine, and 
                freshwater fish, wildlife, or plant movement necessary 
                for migration, gene flow, or dispersal, to respond to 
                the ongoing and expected impacts of climate change.
            (4) Ecosystem services.--
                    (A) In general.--The term ``ecosystem services'' 
                means the provision, by a healthy ecosystem, of natural 
                resources to improve human health and livelihood.
                    (B) Inclusions.--The term ``ecosystem services'' 
                includes--
                            (i) a clean and abundant water supply;
                            (ii) carbon storage;
                            (iii) biodiversity;
                            (iv) pollination services;
                            (v) wildlife habitat;
                            (vi) recreation; and
                            (vii) a scenic or historic landscape.
            (5) Habitat.--The term ``habitat'' means the physical, 
        chemical, and biological properties that fish, wildlife, or 
        plants use for growth, reproduction, survival, food, water, or 
        cover.
            (6) 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).
            (7) Natural resources.--The term ``natural resources'' 
        means land, wildlife, fish, air, water, estuaries, plants, 
        habitats, and ecosystems.
            (8) Natural resources adaptation.--The term ``natural 
        resources adaptation'' means the protection, restoration, and 
        conservation of natural resources so that natural resources 
        become more resilient, adapt to, and withstand the ongoing and 
        expected impacts of climate change.
            (9) Panel.--The term ``Panel'' means the Natural Resources 
        Climate Change Adaptation Panel established under section 5(a).
            (10) Plan.--The term ``plan'' means a natural resources 
        adaptation plan completed under section 7(a)(1).
            (11) Program.--The term ``program'' means the National Fish 
        and Wildlife Habitat and Corridors Information Program 
        established by the Secretary under section 4(d)(1).
            (12) Resilience; resilient.--The terms ``resilience'' and 
        ``resilient'' mean--
                    (A) the ability to resist or recover from 
                disturbance; and
                    (B) the ability to preserve diversity, 
                productivity, and sustainability.
            (13) Secretary.--The term ``Secretary'' means the Secretary 
        of the Interior.
            (14) State.--The term ``State'' means--
                    (A) a State of the United States;
                    (B) the District of Columbia;
                    (C) American Samoa;
                    (D) Guam;
                    (E) the Commonwealth of the Northern Mariana 
                Islands;
                    (F) the Commonwealth of Puerto Rico; and
                    (G) the United States Virgin Islands.
            (15) State plan.--The term ``State plan'' means a State 
        natural resources adaptation plan prepared by a State under 
        section 8(a).
            (16) Strategy.--The term ``Strategy'' means the Natural 
        Resources Climate Change Adaptation Strategy developed under 
        section 6(a).

SEC. 4. NATURAL RESOURCES ADAPTATION SCIENCE AND INFORMATION.

    (a) Coordination.--Not later than 90 days after the date of 
enactment of this Act, the Secretary and the Secretary of Commerce 
(acting through the National Oceanic and Atmospheric Administration) 
(referred to in this section as the ``Secretaries''), working with all 
other relevant Federal agencies, shall establish procedures for 
coordinating among Federal agencies the development and dissemination 
of science and information necessary to address the ongoing and 
expected impacts of climate change on natural resources.
    (b) Development and Dissemination of Science.--The Secretaries 
shall--
            (1) conduct and sponsor research, and facilitate the 
        coordination of research among Federal agencies, to develop 
        scientific strategies and mechanisms for natural resources 
        adaptation;
            (2) make available to Federal agencies, and other 
        interested governmental or private entities, technical 
        assistance to address the ongoing and expected impacts of 
        climate change on natural resources; and
            (3) assist Federal agencies in the development of natural 
        resources adaptation plans required by section 7.
    (c) Survey.--Not later than 1 year after the date of enactment of 
this Act, and every 5 years thereafter, the Secretaries and the 
Secretary of Agriculture shall issue a climate change impact survey, in 
coordination with other relevant Federal agencies, that--
            (1) identifies natural resources considered likely to be 
        adversely affected by climate change;
            (2) includes baseline monitoring and ongoing trend 
        analysis; and
            (3) in consultation with States and Indian tribes and with 
        input from stakeholders, identifies and prioritizes necessary 
        monitoring and research that is most relevant to the needs of 
        Federal natural resource managers to address the ongoing and 
        expected impacts of climate change and natural resources 
        adaptation.
    (d) Wildlife Habitat and Corridors Information.--
            (1) In general.--Not later than 180 days after the date of 
        enactment of this Act, the Secretary, in cooperation with the 
        States, Indian tribes, and other Federal land managers, shall 
        establish a program to be known as the ``National Fish and 
        Wildlife Habitat and Corridors Information Program''.
            (2) Purposes.--The purposes of the program are--
                    (A) to develop with States and Indian tribes 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--
                            (i) is based on consistent protocols;
                            (ii) takes into account regional 
                        differences; and
                            (iii) uses available geographical 
                        information system databases and other tools, 
                        including the National Biological Information 
                        Infrastructure maintained by the Secretary and 
                        nongovernmental organizations; and
                    (B) to facilitate the use of the database described 
                in subparagraph (A) by Federal, State, local, and 
                tribal decisionmakers to incorporate qualitative 
                information on fish and wildlife habitats and corridors 
                at the earliest practicable stage for use in--
                            (i) prioritizing and targeting natural 
                        resources adaptation strategies and activities, 
                        including strategies and activities that 
                        enhance the ability of species to respond to 
                        shifting habitat; and
                            (ii) avoiding, minimizing, and mitigating 
                        the impacts on fish and wildlife habitat and 
                        corridors when locating energy development, 
                        water, transmission, transportation, and other 
                        land use projects;
            (3) 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 program.
            (4) Consultation.--In consultation with States and Indian 
        tribes, the Secretary shall make recommendations on the manner 
        by which the information collected and managed under the 
        program may be incorporated into relevant Federal and State 
        plans that affect fish and wildlife, including--
                    (A) land management plans;
                    (B) State comprehensive wildlife conservation 
                strategies; and
                    (C) applicable conservation plans of Indian tribes.
    (e) Natural Resources Adaptation Science Advisory Board.--
            (1) Establishment.--The Secretaries and the Secretary of 
        Agriculture shall--
                    (A) not later than 180 days after the date of 
                enactment of this Act, establish and appoint the 
                members of a Natural Resources Adaptation Science 
                Advisory Board; and
                    (B) on an ongoing basis, coordinate the activities 
                of the Board.
            (2) Membership.--The Board shall be composed of not fewer 
        than 10 and not more than 20 members--
                    (A) who have expertise in fish, wildlife, plant, 
                aquatic, coastal and marine biology, ecology, 
                hydrology, climate change effects, or other relevant 
                scientific disciplines;
                    (B) who represent a balanced membership among 
                Federal, State, tribal, and local representatives, and 
                diverse interests, including institutions of higher 
                education and relevant nongovernmental organizations 
                and conservation organizations; and
                    (C) at least \1/2\ of whom are recommended by the 
                President of the National Academy of Sciences.
            (3) Duties.--The Board shall--
                    (A) advise all relevant Federal agencies on the 
                state of the science regarding--
                            (i) the ongoing and expected impacts of 
                        climate change; and
                            (ii) scientific strategies and mechanisms 
                        for natural resources adaptation; and
                    (B) identify and recommend priorities for ongoing 
                research needs on the issues described in subparagraph 
                (A).
            (4) Availability to the public.--The advice and 
        recommendations of the Board shall be made available to the 
        public.
    (f) National Climate Change and Wildlife Science Center.--
            (1) Establishment.--The Secretary shall establish the 
        National Climate Change and Wildlife Center within the United 
        States Geological Survey.
            (2) Functions.--In collaboration with Federal and State 
        natural resources agencies and departments, Indian tribes, 
        institutions of higher education, and other partner 
        organizations, the Center shall--
                    (A) assess and synthesize current physical and 
                biological knowledge relating to the impacts of climate 
                change on fish, wildlife, plants, and associated 
                habitat;
                    (B) prioritize scientific gaps in the knowledge in 
                order to forecast the ecological impacts of climate 
                change on fish, wildlife, and plants at the ecosystem, 
                habitat, community, population, and species levels;
                    (C) develop and improve tools to forecast, 
                adaptively manage, and monitor the impacts of climate 
                change on fish, wildlife, plants, and associated 
                habitats, including predictive models, and risk 
                assessments; and
                    (D) develop capacities for synthesizing data and 
                for sharing standardized data and methodology.

SEC. 5. 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.
    (b) Duties.--The Panel shall--
            (1) develop the Strategy; and
            (2) serve as a forum for interagency consultation on the 
        implementation of the Strategy.
    (c) Membership.--The Panel shall be composed of--
            (1) the Administrator of the National Oceanic and 
        Atmospheric Administration;
            (2) the Chief of the Forest Service;
            (3) the Director of the National Park Service;
            (4) the Director of the United States Fish and Wildlife 
        Service;
            (5) the Director of the Bureau of Land Management;
            (6) the Director of the United States Geological Survey;
            (7) the Commissioner of Reclamation;
            (8) the Director of the Bureau of Indian Affairs;
            (9) the Director of the Minerals Management Service;
            (10) the Administrator of the Environmental Protection 
        Agency;
            (11) the Administrator of the Federal Emergency Management 
        Agency;
            (12) the Chief of Engineers; and
            (13) the heads of other Federal agencies, as determined by 
        the President.
    (d) Chairperson.--The Chair of the Council on Environmental Quality 
shall serve as the Chairperson of the Panel.

SEC. 6. NATURAL RESOURCES CLIMATE CHANGE ADAPTATION STRATEGY.

    (a) In General.--Not later than 1 year after the date of the 
enactment of this Act, the Panel shall develop a Natural Resources 
Climate Change Adaptation Strategy.
    (b) Development.--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, private sector interests, and other 
        interested stakeholders; and
            (5) provide public notice and opportunity for comment.
    (c) Contents.--The Strategy shall--
            (1) assess the vulnerability of regions and types of 
        natural resources to climate change, including short-term, 
        medium-term, long-term, and cumulative impacts;
            (2) describe current research and monitoring activities at 
        the Federal, State, tribal, and local level related to--
                    (A) the ongoing and expected impacts of climate 
                change on natural resources; and
                    (B) scientific strategies and mechanisms for 
                natural resources adaptation;
            (3) identify and prioritize research and data needs; and
            (4) provide direction to Federal agencies, and make 
        guidance available to States, Indian tribes, local governments, 
        and other interested parties for use in responding to the 
        impacts of climate change, including--
                    (A) actions that Federal agencies should implement 
                through their natural resources adaptation plans and 
                recommendations for actions that States, Indian tribes, 
                local governments, and other interested parties may 
                implement to promote natural resources adaptation; and
                    (B) a timeline for implementation of the Strategy; 
                and
            (5) describe specific mechanisms for ensuring communication 
        and coordination--
                    (A) among Federal agencies; and
                    (B) between Federal agencies and State natural 
                resource agencies, Indian tribes, interested private 
                landowners, conservation organizations, and other 
                countries that share jurisdiction over natural 
                resources with the United States.
    (d) Revision.--After the Panel adopts the initial Strategy, the 
Panel shall review and revise the Strategy every 5 years to 
incorporate--
            (1) new information regarding the ongoing and expected 
        impacts of climate change on natural resources; and
            (2) new advances in the development of strategies and 
        mechanisms for natural resources adaptation.

SEC. 7. FEDERAL AGENCY NATURAL RESOURCES ADAPTATION PLANS.

    (a) Development.--Not later than 1 year after the date of 
development of the Strategy, each Federal agency with representation on 
the Panel shall--
            (1) complete a natural resources adaptation plan for that 
        Federal agency;
            (2) provide opportunities for public review and comment on 
        the plan;
            (3) coordinate with the plan of each other Federal agency 
        with representation on the Panel; and
            (4) submit the plan to the President for review and 
        submission to Congress.
    (b) Requirements.--Each plan shall--
            (1) implement the Strategy;
            (2) include a timeline for implementation of the plan;
            (3) describe and prioritize proposed natural resources 
        adaptation actions for natural resources managed or impacted by 
        activities authorized by the Federal agency;
            (4) describe how the Federal agency will modify or 
        establish other plans, programs, activities, or actions in 
        accordance with applicable authority, if necessary, to 
        implement the plan;
            (5) provide for the inclusion of climate change and impact 
        data in natural resources management decisions;
            (6) establish monitoring protocols--
                    (A) to assess the effectiveness of the natural 
                resources adaptation actions taken by the Federal 
                agency pursuant to the plan; and
                    (B) to update those actions to respond to 
                monitoring results, other new information, and changing 
                conditions;
            (7) establish a process for providing written guidance to 
        Federal natural resource managers for implementing the natural 
        resources adaptation actions identified in the plan;
            (8) identify and assess gaps in data and information useful 
        in developing the plan; and
            (9) establish protocols to collect, integrate, and share 
        standardized climate change and impact data with Federal, 
        State, tribal, and nongovernmental organizations, private 
        landowner partners, and the general public.
    (c) Presidential Review and Submission to Congress.--
            (1) Review.--Not later than 30 days after the date of 
        submission of a plan to the President, the President shall--
                    (A) review the plan for consistency with the 
                requirements of this Act; and
                    (B) if consistent, submit the plan to Congress in 
                accordance with this subsection, together with a 
                statement confirming the consistency of the plan with 
                this Act.
            (2) Inconsistency.--If the President finds a plan of a 
        Federal agency to be inconsistent with this Act, the President 
        shall direct the agency to submit a revised plan not later than 
        60 days after the finding.
            (3) Submission to congress.--The President shall submit 
        plans determined to be consistent with this Act to--
                    (A) the Committee on Natural Resources of the House 
                of Representatives;
                    (B) the Committee on Energy and Natural Resources 
                of the Senate;
                    (C) the Committee on Environment and Public Works 
                of the Senate; and
                    (D) any other committees of the House of 
                Representatives or the Senate with principal 
                jurisdiction over the Federal agency.
    (d) Implementation.--On submission by the President to Congress, 
each Federal agency shall, pursuant to and consistent with applicable 
authority, implement the plan.
    (e) Revision and Review.--Not less than every 5 years, each Federal 
agency with representation on the Panel shall review and revise the 
plan of the Federal agency to incorporate the best available science 
regarding--
            (1) the ongoing and expected impacts of climate change on 
        natural resources; and
            (2) the scientific strategies and mechanisms for natural 
        resources adaptation.

SEC. 8. STATE NATURAL RESOURCES ADAPTATION PLANS.

    (a) Requirement.--In order to be eligible for funds under section 
9, not later than 1 year after the development of the Strategy, each 
State shall prepare a State natural resources adaptation plan to 
address the ongoing and expected impacts of climate change on natural 
resources within the State.
    (b) Contents.--A State plan shall--
            (1) include actions for addressing the ongoing and expected 
        impacts of climate change on natural resources that--
                    (A) describe and prioritize proposed natural 
                resources adaptation actions for natural resources 
                managed or impacted by activities authorized by the 
                State;
                    (B) include a time frame for implementing the 
                natural resources adaptation actions;
                    (C) are incorporated into a revision of the State 
                wildlife action plan (also known as the State 
                comprehensive wildlife strategy) that has been--
                            (i) submitted to the United States Fish and 
                        Wildlife Service; and
                            (ii) approved, or is pending approval, by 
                        the United States Fish and Wildlife Service; 
                        and
                    (D) are developed--
                            (i) with the participation of the relevant 
                        State agencies considered appropriate by the 
                        Governor of the State; and
                            (ii) in coordination with other States and 
                        Indian tribes that share jurisdiction or 
                        cooperative management responsibilities over 
                        natural resources with the State; and
            (2) identify and assess gaps in data useful in developing 
        the State plan.
    (c) Review and Approval.--
            (1) In general.--The Secretary and, in the case of parts of 
        the State plan relating to a coastal State, the Secretary of 
        Commerce shall review each State plan, and approve the State 
        plan if the State plan--
                    (A) meets the requirements of subsection (b); and
                    (B) is consistent with the other requirements of 
                this Act.
            (2) Deadline.--The Secretary and, as applicable, the 
        Secretary of Commerce shall approve or disapprove the State 
        plan by written notice not later than 180 days after the date 
        of submission of the State plan (or a revised State plan).
            (3) Resubmission.--Not later than 90 days after the date of 
        resubmission of a State plan that has been disapproved under 
        this subsection, the Secretary and, as applicable, the 
        Secretary of Commerce, shall approve or disapprove the 
        resubmitted State plan by written notice.
    (d) Public Input.--In developing the State plan, a State shall 
solicit and consider the input of local governments, the public, and 
independent scientific input.
    (e) Coordination With Other Plans.--The State plan shall, if 
appropriate, integrate the goals and measures set forth in other 
natural resources conservation strategies established pursuant to 
applicable law (including regulations), 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) the plans for imperiled species of other Federal 
        agencies, States, and Indian tribes;
            (10) plans under subtitle F of title IX of the Omnibus 
        Public Land Management Act of 2009 (42 U.S.C. 10361 et seq.) 
        and other applicable law;
            (11) the hazard mitigation plans of States and Indian 
        tribes;
            (12) the water management plans of States and Indian 
        tribes;
            (13) State property insurance programs; and
            (14) other State-based strategies that implement natural 
        resources adaptation activities to remediate the ongoing and 
        expected effects of climate change.
    (f) Updating.--Each State plan shall be updated at least every 5 
years.
    (g) Funding.--
            (1) In general.--Funds allocated to States under section 9 
        shall be used only for activities consistent with a State plan 
        approved by the Secretary and, as appropriate, the Secretary of 
        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 plan is 
        approved, a State shall be eligible to receive funding under 
        section 9 for natural resources 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 work plan made available 
                to relevant Federal agencies.
            (3) Pending approval.--During the period for which approval 
        of a State plan by the applicable Secretary is pending, the 
        State may continue to receive funds under this Act pursuant to 
        the work plan described in paragraph (2)(B).

SEC. 9. NATURAL RESOURCES CLIMATE CHANGE ADAPTATION FUND.

    (a) Establishment of Fund.--There is established in the Treasury a 
separate account, to be known as the ``Natural Resources Climate Change 
Adaptation Fund'' (referred to in this section as the ``Fund'').
    (b) Availability of Amounts.--
            (1) In general.--All amounts deposited into the Fund shall 
        be available without further appropriation or fiscal year 
        limitation.
            (2) Payments.--Subject to the requirements of programs 
        authorized as of the date of enactment of this Act, the 
        Secretary and the Secretary of Agriculture may distribute 
        payments from the Fund in accordance with subsection (c).
    (c) Distribution of Amounts.--
            (1) States.--Of the amounts made available for each fiscal 
        year to carry out this Act, 38.5 percent shall be provided to 
        the Secretary for distribution to States to carry out natural 
        resources adaptation activities in accordance with natural 
        resources adaptation plans approved under section 8, and shall 
        be distributed as follows:
                    (A) 32.5 percent shall be available to State 
                wildlife agencies in accordance with the apportionment 
                formula established under the second subsection (c) 
                (relating to the apportionment of the Wildlife 
                Conservation and Restoration Account) of section 4 of 
                the Pittman-Robertson Wildlife Restoration Act (16 
                U.S.C. 669c); 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) Natural resources adaptation.--Of the amounts made 
        available for each fiscal year to carry out this Act--
                    (A) 17 percent shall be allocated to the Secretary 
                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;
                                    (III) by the Bureau of Reclamation;
                                    (IV) by the United States 
                                Geological Survey; and
                                    (V) in Indian Country or on Native 
                                village or Regional Corporation land in 
                                Alaska; and
                            (ii) the implementation of the program;
                    (B) 5 percent shall be allocated to the Secretary 
                for natural resources adaptation activities carried out 
                through cooperative grant programs, such as--
                            (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 
                        dated April 24, 2006 (including any revisions 
                        or amendments made to the National Fish Habitat 
                        Action Plan after April 24, 2006);
                            (vi) the Partners for Fish and Wildlife 
                        Program, as carried out by the Secretary under 
                        section 4 of the Partners for Fish and Wildlife 
                        Act (16 U.S.C. 3773);
                            (vii) the Landowner Incentive Program, as 
                        established by the Secretary in the matter 
                        under the heading ``landowner incentive 
                        program'' under the heading ``United States 
                        Fish and Wildlife Service'' of title I of the 
                        Department of the Interior, Environment, and 
                        Related Agencies Appropriations Act, 2006 
                        (Public Law 109-54; 119 Stat. 504);
                            (viii) the Wildlife Without Borders Program 
                        of the United States Fish and Wildlife Service;
                            (ix) the Migratory Species Program and Park 
                        Flight Migratory Bird Program of the National 
                        Park Service;
                            (x) the Water for America or other programs 
                        carried out by the Bureau of Reclamation; and
                            (xi) programs under--
                                    (I) subtitle A of title VI of the 
                                Omnibus Public Land Management Act of 
                                2009 (16 U.S.C. 1015 et seq.);
                                    (II) subtitle F of title IX of the 
                                Omnibus Public Land Management Act of 
                                2009 (42 U.S.C. 10361 et seq.); and
                                    (III) other applicable law;
                    (C) 3 percent shall be allocated to the Secretary 
                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 or other 
                programs; and
                    (D) 12 percent shall be allocated for acquisition 
                of land or interests in land to carry out natural 
                resources adaptation activities as follows:
                            (i) \1/6\ shall be allocated to the 
                        Secretary of Agriculture to provide financial 
                        assistance to 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 Cooperative 
                        Forestry Assistance Act of 1978 (16 U.S.C. 
                        2103c).
                            (ii)(I) The remainder \5/6\ shall be 
                        deposited in 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) to be further allocated as 
                        follows:
                                    (aa) \1/6\ of the funds provided by 
                                this subparagraph shall be allocated to 
                                the Secretary 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), to be made available on 
                                a competitive basis to States, in 
                                accordance with the natural resources 
                                adaptation plans of States, and to 
                                Indian tribes, and in accordance with 
                                subclause (IV).
                                    (bb) \1/3\ of the funds provided by 
                                this subparagraph shall be allocated to 
                                the Secretary 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).
                                    (cc) \1/3\ of the funds provided by 
                                this subparagraph 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).
                            (II) Deposits in the Land and Water 
                        Conservation Fund under this clause shall--
                                    (aa) be supplemental to funds 
                                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
                                    (bb) be available to carry out this 
                                Act without further appropriation or 
                                fiscal year limitation.
                            (III) Amounts under subclause (I)(aa) shall 
                        be made available--
                                    (aa) notwithstanding section 5 of 
                                the Land and Water Conservation Fund 
                                Act of 1965 (16 U.S.C. 460l-7); and
                                    (bb) in addition to any funds 
                                provided pursuant to appropriations, 
                                the Energy Policy Act of 2005 (42 
                                U.S.C. 15801 et seq.), or any other 
                                authorization.
                            (iii) In allocating funds under this 
                        subparagraph, the Secretary 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 severe 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.
            (3) National forest and grassland adaptation.--Of the 
        amounts made available for each fiscal year to carry out this 
        Act, 5 percent shall be allocated to the Forest Service, 
        through the Secretary of Agriculture--
                    (A) to fund natural resources adaptation activities 
                (including water-related adaptation activities) carried 
                out in national forests and national grasslands under 
                the jurisdiction of the Forest Service; and
                    (B) to carry out natural resources adaptation 
                activities on State, tribal, and private forest land 
                carried out under the Cooperative Forestry Assistance 
                Act of 1978 (16 U.S.C. 2101 et seq.) and other 
                authorized cooperative grant programs.
            (4) Coastal, estuarine, and marine system adaptation.--Of 
        the amounts made available for each fiscal year to carry out 
        this Act, 7 percent shall be allocated to the Secretary of 
        Commerce, working in cooperation with other Federal agencies, 
        States, Indian tribes, local governments, scientists, and other 
        conservation partners, to fund coastal, estuarine, and marine 
        natural resources adaptation activities, through programs such 
        as--
                    (A) the coastal and estuarine land conservation 
                program administered by the National Oceanic and 
                Atmospheric Administration;
                    (B) the community-based restoration program for 
                fishery and coastal habitats established under section 
                117 of the Magnuson-Stevens Fishery Conservation and 
                Management Reauthorization Act of 2006 (16 U.S.C. 
                1891a);
                    (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 ongoing and expected impacts of 
                climate change;
                    (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.).
            (5) Estuarine and freshwater ecosystem adaptation.--Of the 
        amounts made available for each fiscal year to carry out this 
        Act, 7.5 percent shall be allocated to the Administrator of the 
        Environmental Protection Agency and 5 percent shall be 
        available to the Secretary of the Army for use by the Corps of 
        Engineers, working in cooperation with other applicable Federal 
        agencies, for natural resources adaptation activities for--
                    (A) large-scale freshwater aquatic ecosystems, such 
                as the Everglades, the Great Lakes, Flathead Lake, the 
                Missouri River, the Mississippi River, the Colorado 
                River, the Sacramento-San Joaquin Rivers, the Ohio 
                River, the Columbia-Snake River System, the 
                Apalachicola, Chattahoochee, and Flint River System, 
                the Connecticut River, Middle Rio Grande River, and the 
                Yellowstone River;
                    (B) large-scale estuarine ecosystems, such as 
                Chesapeake Bay, Long Island Sound, Puget Sound, the 
                Mississippi River Delta, the San Francisco Bay Delta, 
                Narragansett Bay, and Albemarle-Pamlico Sound;
                    (C) freshwater and estuarine ecosystems, 
                watersheds, and basins identified and prioritized by 
                the Administrator of the Environmental Protection 
                Agency or the Corps of Engineers, working in 
                cooperation with other Federal agencies, States, tribal 
                governments, local governments, scientists, and other 
                conservation partners;
                    (D) estuary habitat restoration projects authorized 
                by the Estuary Restoration Act of 2000 (33 U.S.C. 2901 
                et seq.);
                    (E) aquatic restoration and protection projects 
                authorized by section 206 of the Water Resources 
                Development Act of 1996 (33 U.S.C. 2330); and
                    (F) other appropriate programs and activities.
    (d) Use of Funds by Federal Agencies.--Funds allocated to Federal 
agencies under this section shall only be used for natural resources 
adaptation activities consistent with a natural resources adaptation 
plan approved under section 7.
    (e) State Cost Sharing.--Notwithstanding any other provision of 
law, a State that receives a grant under this section shall use funds 
from non-Federal sources to pay not less than 10 percent of the costs 
of each activity carried out under the grant.

SEC. 10. ADDITIONAL PROVISIONS REGARDING INDIAN TRIBES.

    (a) Federal Trust Responsibility.--Nothing in this Act alters the 
Federal trust responsibility to any Indian tribe, or any treaty or 
other right of any Indian tribe.
    (b) Application of Other Law.--The Secretary may apply the 
provisions of the Indian Self-Determination and Education Assistance 
Act (25 U.S.C. 450 et seq.) in the implementation of this Act.
                                 <all>