1.This Act may be cited as the
Natural Resources Climate Adaptation
Act
.
2.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.
3.In this Act:
(1)The
term Board means the Natural Resources Adaptation Science Advisory
Board established by section 4(e)(1).
(2)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)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)
(A)The term ecosystem services means the
provision, by a healthy ecosystem, of natural resources to improve human health
and livelihood.
(B)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)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)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)The term natural resources means land,
wildlife, fish, air, water, estuaries, plants, habitats, and ecosystems.
(8)Natural resources
adaptationThe 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)The
term Panel means the Natural Resources Climate Change Adaptation
Panel established under section 5(a).
(10)The
term plan means a natural resources adaptation plan completed
under section 7(a)(1).
(11)The
term program means the National Fish and Wildlife Habitat and
Corridors Information Program established by the Secretary under section
4(d)(1).
(12)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)The
term Secretary means the Secretary of the Interior.
(14)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)The term State plan means a State natural
resources adaptation plan prepared by a State under section 8(a).
(16)The
term Strategy means the Natural Resources Climate Change
Adaptation Strategy developed under section 6(a).
4.Natural
resources adaptation science and information
(a)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 scienceThe 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)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)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)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 supportThe 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)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)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)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 ½ of
whom are recommended by the President of the National Academy of
Sciences.
(3)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 publicThe advice and recommendations of the Board shall be
made available to the public.
(f)National
Climate Change and Wildlife Science Center
(1)The
Secretary shall establish the National Climate Change and Wildlife Center
within the United States Geological Survey.
(2)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.
5.Natural Resources
Climate Change Adaptation Panel
(a)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)The
Panel shall—
(1)develop the
Strategy; and
(2)serve as a forum
for interagency consultation on the implementation of the Strategy.
(c)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)The
Chair of the Council on Environmental Quality shall serve as the Chairperson of
the Panel.
6.Natural Resources
Climate Change Adaptation Strategy
(a)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)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)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)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.
7.Federal agency
natural resources adaptation plans
(a)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)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)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)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)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)On submission by the President to Congress,
each Federal agency shall, pursuant to and consistent with applicable
authority, implement the plan.
(e)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.
8.State natural
resources adaptation plans
(a)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)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)
(1)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)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)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)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 plansThe 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)Each
State plan shall be updated at least every 5 years.
(g)
(1)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 planUntil 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)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).
9.Natural Resources
Climate Change Adaptation Fund
(a)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)
(1)All amounts deposited into the Fund shall be available
without further appropriation or fiscal year limitation.
(2)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)
(1)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 AdaptationOf 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 AdaptationOf 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 adaptationOf 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 adaptationOf 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 agenciesFunds
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)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.
10.Additional
provisions regarding Indian tribes
(a)Federal trust
responsibilityNothing in
this Act alters the Federal trust responsibility to any Indian tribe, or any
treaty or other right of any Indian tribe.
(b)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.