[Congressional Bills 112th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3496 Introduced in House (IH)]

112th CONGRESS
  1st Session
                                H. R. 3496

    To sustain fish, plants, and wildlife on America's public lands.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                           November 18, 2011

Mr. Kind (for himself and Mr. Reichert) introduced the following bill; 
   which was referred to the Committee on Natural Resources, and in 
     addition to the Committee on Agriculture, for a period to be 
subsequently determined by the Speaker, in each case for consideration 
  of such provisions as fall within the jurisdiction of the committee 
                               concerned

_______________________________________________________________________

                                 A BILL


 
    To sustain fish, plants, and wildlife on America's public lands.

    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 ``America's Wildlife Heritage Act''.

SEC. 2. FINDINGS.

    Congress finds the following:
            (1) Fish and wildlife are fundamental parts of America's 
        history and character, and fish and wildlife conservation is a 
        core value shared by all Americans. All future generations 
        deserve the opportunity to benefit from and enjoy a diverse 
        array of fish and wildlife species.
            (2) Fish and wildlife conservation provides economic, 
        social, educational, recreational, emotional, and spiritual 
        benefits. The economic value of hunting, fishing, and wildlife-
        associated recreation alone is estimated to contribute 
        $122,000,000,000 annually to the American economy. Fish and 
        wildlife habitats, including forests, grasslands, riparian 
        lands, wetlands, rivers, and other bodies of water are an 
        essential component of the American landscape, and are 
        protected and valued by Federal, State, and local governments, 
        tribes, private landowners, conservation organizations, and 
        millions of American sportsmen and outdoor recreationists.
            (3) States possess broad trustee and police powers over 
        fish and wildlife within their borders.
            (4) The States and the Federal Government both have 
        management responsibilities affecting fish and wildlife, and 
        should work cooperatively in fulfilling these responsibilities.
            (5) The American landscape is rapidly changing, 
        particularly in the Western United States where the majority of 
        the Federal public lands are found, increasing the importance 
        of sustaining fish and wildlife and their habitats on our 
        public lands.
            (6) Federal public lands are critical to the future of 
        fish, plant, and wildlife species in America. Federal public 
        lands help to protect endangered and threatened species from 
        going extinct and help prevent species from becoming endangered 
        in the first place. These lands complement the conservation of 
        fish, plants, and wildlife on private lands by providing 
        comparatively intact tracts of land that serve as refuges from 
        human development and other pressures. Federal public lands 
        also help keep common species common, including species valued 
        for hunting and fishing.
            (7) Federal public lands provide habitats for species 
        impacted by the effects of global climate change and will play 
        an important role in the ability of fish, plants, and wildlife 
        to adapt to and survive global warming's mounting impacts.
            (8) Consistent with long-standing principles of multiple 
        use and sustained yield management, the goal of sustaining the 
        diverse fish, wildlife, and plant communities that depend on 
        our Federal public lands should guide the stewardship of 
        America's public lands.

SEC. 3. DEFINITIONS.

    In this Act:
            (1) Desired non-native species.--The term ``desired non-
        native species'' means those wild species of plants or animals 
        that are not indigenous to a planning area but are valued for 
        their contribution to species diversity or their social, 
        cultural, or economic value.
            (2) Focal species.--The term ``focal species'' means 
        species selected for monitoring because their population status 
        and trends are believed to provide useful information regarding 
        the effects of management activities, natural disruptions, or 
        other factors on unmeasured species and to provide insights to 
        the integrity of the ecological systems to which they belong.
            (3) Native species.--The term ``native species'' means 
        species of plants and animals indigenous to a planning area.
            (4) Planning area.--The term ``planning area'' means any 
        geographic unit of National Forest System lands or Bureau of 
        Land Management lands covered by an individual management plan.
            (5) Secretary.--The term ``Secretary'' means--
                    (A) the Secretary of the Interior, with respect to 
                land under such Secretary's jurisdiction; and
                    (B) the Secretary of Agriculture, with respect to 
                land under such Secretary's jurisdiction.
            (6) Species-of-concern.--The term ``species-of-concern'' 
        means the following:
                    (A) A species listed as an endangered species or 
                threatened species, or proposed or identified as 
                candidates for such listing, under the Endangered 
                Species Act of 1973 (16 U.S.C. 1531 et seq.).
                    (B) A species designated with a Global, State, or 
                Taxon status ranking of G1, G2, G3, S1, S2, T1, T2, or 
                T3 by a State Natural Heritage Program.
                    (C) A species of greatest conservation need 
                identified by State comprehensive wildlife conservation 
                strategies.
                    (D) Other species identified by the Forest Service 
                or the Bureau of Land Management for which scientific 
                evidence raises a concern regarding the species' 
                sustainability in a planning area.
            (7) Sustainable population.--The term ``sustainable 
        population'' means a population of a species that has a high 
        likelihood of persisting well distributed throughout its range 
        within a planning area for a period of at least 50 years into 
        the future, based on the best available scientific information, 
        including information obtained through the monitoring program 
        under section 5, regarding its abundance, distribution, habitat 
        quality, and reproduction and survival rates.

SEC. 4. SUSTAINABLE POPULATIONS.

    (a) Management Direction.--Each Secretary shall plan for and manage 
planning areas under the Secretary's respective jurisdiction in order 
to maintain sustainable populations of native species and desired non-
native species within each planning area, except that management for 
desired non-native species shall not interfere with the maintenance of 
sustainable populations of native species within a planning area.
    (b) Management Coordination.--If a population of a species extends 
across more than one planning area, each Secretary shall coordinate the 
management of lands in the planning areas containing such population in 
order to maintain a sustainable population of such species.
    (c) Extrinsic Conditions.--If a Secretary, using the best available 
science and after providing notice to the public by publication in the 
Federal Register and opportunity for public comment for a period of at 
least 60 days, determines that conditions beyond such Secretary's 
authority make it impossible for the Secretary to maintain a 
sustainable population of a native species or desired non-native 
species within a planning area, or, under the circumstances identified 
in paragraph (2), within two or more planning areas, such Secretary 
shall--
            (1) manage lands within the planning area or areas in order 
        to achieve to the maximum extent possible the survival and 
        health of that population; and
            (2) ensure that any activity authorized, funded, or carried 
        out within the planning area does not increase the likelihood 
        of extirpation of the population in such planning area or 
        areas.
    (d) Compliance.--Each Secretary shall ensure that land management 
plans for a planning area under the Secretary's respective 
jurisdiction, actions implementing or authorized under such plans, and 
other activities that may affect the maintenance of sustainable 
populations conducted under the Secretary's jurisdiction comply with 
this section.

SEC. 5. MONITORING AND EVALUATION.

    (a) Establishment of Monitoring Programs.--To provide a basis for 
determining the sustainability of native species and desired non-native 
species populations for purposes of section 4, each Secretary shall 
adopt and implement, as part of the land management planning for a 
planning area, a strategically targeted monitoring program to determine 
the status and trends of such species populations in such planning 
area.
    (b) Monitoring Program Requirements.--The monitoring programs 
established under subsection (a) shall designate focal species 
representing the diversity of ecological systems and species present in 
the planning area, identify species-of-concern in the planning area, 
and provide for--
            (1) the monitoring of the status and trends of the habitats 
        and ecological conditions that support focal species and 
        species-of-concern;
            (2) population surveys of the focal species identified in 
        the monitoring program using methods sufficient to ensure that 
        monitoring of habitats and ecological conditions pursuant to 
        paragraph (1) is providing accurate information regarding the 
        status and trends of species' populations in the planning area; 
        and
            (3) population surveys of species-of-concern whose 
        populations are not adequately assessed by monitoring pursuant 
        to paragraphs (1) and (2) and for which there is reasonable 
        concern regarding potential reductions in distribution or 
        abundance within such planning area in order to evaluate 
        information regarding population status and trends.
    (c) Cooperation With State Entities and Other Agencies.--Each 
Secretary shall develop and implement, to the maximum extent 
practicable, the monitoring program established under this section, 
including the selection of native species and desired non-native 
species, habitat, and ecological conditions to be monitored and 
methodologies for conducting such monitoring, in cooperation with State 
fish and wildlife agencies and in coordination with other State 
agencies with responsibility for management of natural resources. Each 
Secretary shall consider and utilize relevant population data 
maintained by other Federal agencies, State agencies, tribes, or other 
relevant entities.

SEC. 6. COORDINATION.

    (a) Management Coordination.--To the maximum extent practicable and 
consistent with applicable law, each Secretary shall coordinate the 
management of planning areas with the management of the National 
Wildlife Refuge System and National Park System, other Federal 
agencies, State fish and wildlife agencies, other State agencies with 
responsibility for management of natural resources, tribes, local 
governments, and non-governmental organizations engaged in species 
conservation in order to--
            (1) maintain sustainable populations of native species and 
        desired non-native species;
            (2) develop strategies to address the impacts of climate 
        change on native species and desired non-native species;
            (3) establish linkages between habitats and discrete 
        populations;
            (4) reintroduce extirpated species, where appropriate, when 
        a species population is no longer present; and
            (5) conduct other joint efforts in support of sustainable 
        plant and animal communities across jurisdictional boundaries.
    (b) Coordination With Conservation Activities.--In planning for the 
management of lands for the purpose of maintaining sustainable 
populations of native species and desired non-native species in a 
planning area, each Secretary shall, to the maximum extent practicable 
and consistent with Federal law--
            (1) consult with and offer opportunities for participation 
        to adjoining Federal, State, tribal, local, and private 
        landowners, State and tribal fish and wildlife agencies, and 
        other State and tribal agencies with responsibility for 
        management of natural resources; and
            (2) coordinate such management planning with relevant 
        conservation plans for fish, plants, and wildlife and their 
        habitats, including State comprehensive wildlife strategies and 
        other State conservation strategies for species, National Fish 
        Habitat partnerships, North American Wetland Conservation Joint 
        Ventures, and the Federal-State-private partnership known as 
        Partners in Flight.
    (c) No Effect on National Wildlife Refuge or National Park 
Systems.--Nothing in this section affects the laws or management 
standards applicable to lands or species populations within the 
National Wildlife Refuge System or National Park System.

SEC. 7. IMPLEMENTING REGULATIONS.

    Not later than one year following the date of enactment of this 
Act, each Secretary shall issue regulations implementing all provisions 
of America's Wildlife Heritage Act.

SEC. 8. CONSTRUCTION.

    Nothing in this Act shall be construed to--
            (1) affect the authority, jurisdiction, or responsibility 
        of each of the several States to manage, control, or regulate 
        fish, plants, and wildlife under the laws and regulations of 
        each of the States; or
            (2) authorize a Secretary to control or regulate within a 
        State the fishing or hunting of fish and wildlife within the 
        State except insofar as the Secretary may exercise authority 
        granted to him or her under other laws.
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