[Congressional Bills 112th Congress]
[From the U.S. Government Publishing Office]
[S. 1881 Introduced in Senate (IS)]

112th CONGRESS
  1st Session
                                S. 1881

 To establish an integrated Federal program to respond to ongoing and 
   expected impacts of climate variability and change by protecting, 
 restoring, and conserving the natural resources of the United States 
and to maximize government efficiency and reduce costs, in cooperation 
     with State, local, and tribal governments and other entities.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                           November 16, 2011

 Mr. Whitehouse (for himself and Mr. Baucus) 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 to respond to ongoing and 
   expected impacts of climate variability and change by protecting, 
 restoring, and conserving the natural resources of the United States 
and to maximize government efficiency and reduce costs, in cooperation 
     with State, local, and tribal governments and other entities.

    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 ``Safeguarding America's Future and 
Environment Act'' or the ``SAFE Act''.

SEC. 2. FINDINGS, PURPOSES, AND POLICY.

    (a) Findings.--Congress finds that--
            (1) natural resources provide significant benefits to the 
        people and economy of the United States, including--
                    (A) abundant clean water supplies;
                    (B) flood and coastal storm protection;
                    (C) clean air;
                    (D) a source for food, fiber, medicines, and for 
                pollination of the crops and other plants of the United 
                States;
                    (E) outdoor recreation, which is a source of jobs 
                and economic stimulus;
                    (F) hunting and fishing opportunities and support 
                of subsistence communities;
                    (G) scientific research and education; and
                    (H) world-class tourism destinations that support 
                local economies;
            (2) the United States Geological Survey, National Oceanic 
        and Atmospheric Administration, National Aeronautics and Space 
        Administration, and other agencies within the United States 
        Global Change Research Program have observed that the natural 
        resources of the United States are facing increasing impacts 
        from climate variability and change, including--
                    (A) more frequent and severe droughts and 
                heatwaves;
                    (B) more frequent and severe storms and floods;
                    (C) more frequent and severe wildfires;
                    (D) more frequent and severe outbreaks of forest 
                pests and invasive species;
                    (E) flooding and erosion of coastal areas due to 
                rising sea levels;
                    (F) melting glaciers and sea ice;
                    (G) thawing permafrost;
                    (H) shifting fish, wildlife, and plant population 
                ranges;
                    (I) disruptive shifts in the timing of fish, 
                wildlife, and plant natural history cycles, such as 
                blooming, breeding, and seasonal migrations; and
                    (J) ocean acidification; and
            (3) the Federal Government should provide leadership in 
        preparing for and responding to the impacts described in 
        paragraph (2) to ensure that present and future generations 
        continue to receive the benefits of the abundant and diverse 
        natural resources of the United States.
    (b) Purposes.--The purpose of this Act is to establish an 
integrated Federal program--
            (1) to respond to ongoing and expected impacts of climate 
        variability and change by protecting, restoring, and conserving 
        the natural resources of the United States; and
            (2) to maximize government efficiency and reduce costs, in 
        cooperation with State, local, and tribal governments and other 
        entities.
    (c) Natural Resources Climate Change Adaptation Policy.--It is the 
policy of the Federal Government, in cooperation with State and local 
governments, Indian tribes, and other interested stakeholders, to use 
all practicable means to protect, restore, and conserve natural 
resources so that natural resources--
            (1) become more resilient, adapt to, and withstand the 
        ongoing and expected impacts of climate variability and change; 
        and
            (2) can continue safeguarding the communities in, and 
        sustaining the economy of, the United States.

SEC. 3. DEFINITIONS.

    In this Act:
            (1) Board.--The term ``Board'' means the Science Advisory 
        Board established under section 6(b)(1).
            (2) Center.--The term ``Center'' means the National Climate 
        Change and Wildlife Science Center established under section 
        6(a)(1).
            (3) Corridors.--The term ``corridors'' means areas that--
                    (A) provide connectivity, over different time 
                scales, of landscapes, habitats or potential habitats, 
                and ecological processes; and
                    (B) facilitate terrestrial, marine, estuarine, and 
                freshwater fish, wildlife, or plant movement that is 
                necessary--
                            (i) for migration, gene flow, or dispersal; 
                        or
                            (ii) to respond to the ongoing and expected 
                        impacts of climate change (including, where 
                        applicable, ocean acidification, drought, 
                        flooding, and wildfire).
            (4) Ecological processes.--The term ``ecological 
        processes'' means biological, chemical, or physical interaction 
        between the biotic and abiotic components of an ecosystem, 
        including--
                    (A) nutrient cycling;
                    (B) pollination;
                    (C) predator-prey relationships;
                    (D) soil formation;
                    (E) gene flow;
                    (F) disease epizootiology;
                    (G) larval dispersal and settlement;
                    (H) hydrological cycling;
                    (I) decomposition; and
                    (J) disturbance regimes, such as fire and flooding.
            (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 (whether on land, in water, or in an area or region).
            (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, plants, habitats, and 
        ecosystems of the United States.
            (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 variability and change (including, 
        where applicable, ocean acidification, drought, flooding, and 
        wildfire).
            (9) Panel.--The term ``Panel'' means the Natural Resources 
        Climate Change Adaptation Panel established under section 4(a).
            (10) Resilience; resilient.--The terms ``resilience'' and 
        ``resilient'', with respect to a natural resource, mean the 
        ability of the natural resource to recover from disturbance.
            (11) 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.
            (12) Strategy.--The term ``Strategy'' means the Natural 
        Resources Climate Change Adaptation Strategy developed under 
        section 5(a).

SEC. 4. NATURAL RESOURCES CLIMATE CHANGE ADAPTATION PANEL.

    (a) Establishment.--Not later than 90 days after the date of 
enactment of this Act, the President shall establish a Natural 
Resources Climate Change Adaptation Panel composed of the heads of 
Federal agencies or departments with jurisdiction over natural 
resources of the United States, including--
            (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 Administrator of the Environmental Protection 
        Agency;
            (10) the Chief of Engineers;
            (11) the Chair of the Council on Environmental Quality, who 
        shall serve as Chairperson of the Panel; and
            (12) the Administrator of the Federal Emergency Management 
        Agency.
    (b) Duties.--The Panel shall serve as a forum for interagency 
consultation on, and the coordination of, the development and 
implementation of the Strategy.

SEC. 5. NATURAL RESOURCES ADAPTATION STRATEGY.

    (a) In General.--Not later than 1 year after the date of enactment 
of this Act, the Panel shall develop a strategy to protect, restore, 
and conserve natural resources so that natural resources become more 
resilient, adapt to, and withstand the ongoing and expected impacts of 
climate variability and change.
    (b) Requirements.--In developing and revising the Strategy, the 
Panel shall--
            (1) use the best available science; and
            (2) provide public notice and opportunity for comment from 
        all interested stakeholders.
    (c) Review and Revision.--Not later than 5 years after the date on 
which the Strategy is developed under subsection (a), and every 5 years 
thereafter, the Panel shall review and revise the Strategy 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 natural resources 
        adaptation strategies.
    (d) Contents.--The Strategy shall--
            (1) assess the vulnerability of natural resources to 
        climate change, including short-term, medium-term, long-term, 
        cumulative, and synergistic impacts;
            (2) describe current, observation, and monitoring 
        activities at the Federal, State, tribal, and local levels 
        relating to the ongoing and expected impacts of climate change 
        on natural resources;
            (3) identify and prioritize research and data needs;
            (4) identify natural resources likely to have the greatest 
        need for protection, restoration, and conservation due to the 
        ongoing and expanding impacts of climate variability and 
        change;
            (5) include specific protocols for integrating natural 
        resources adaptation strategies and activities into the 
        conservation and management of natural resources by Federal 
        agencies to ensure consistency across agency jurisdictions;
            (6) identify opportunities for maintaining, restoring, or 
        enhancing natural resources to reduce the risks of climate 
        variability and change on other vulnerable sectors of society;
            (7) identify Federal policies and actions that may reduce 
        resilience and increase the vulnerability of natural resources 
        to climate variability and change;
            (8) include specific actions that Federal agencies shall 
        take to protect, conserve, and restore natural resources to 
        become more resilient, adapt to, and withstand the ongoing and 
        expected impacts of climate change, including a timeline to 
        implement those actions;
            (9) include specific mechanisms for ensuring communication 
        and coordination--
                    (A) among Federal agencies; and
                    (B) between Federal agencies and State natural 
                resource agencies, territories of the United States, 
                Indian tribes, private landowners, conservation 
                organizations, and other countries that share 
                jurisdiction over natural resources with the United 
                States;
            (10) include specific actions to develop and implement 
        coordinated natural resources inventory and monitoring 
        protocols through interagency coordination and collaboration 
        with States and local governments, Indian tribes, and private 
        organizations; and
            (11) include procedures for guiding the development of 
        detailed agency-specific adaptation plans required under 
        section 7.
    (e) Implementation.--
            (1) In general.--Consistent with other laws and Federal 
        trust responsibilities concerning Indian land, each Federal 
        agency represented on the Panel shall integrate the elements of 
        the Strategy that relate to conservation, restoration, and 
        management of natural resources into agency plans, 
        environmental reviews, and programs.
            (2) Public report.--Each agency shall, on an annual basis, 
        make available to the public a report documenting the actions 
        of the agency in implementing the Strategy.
            (3) Coordination.--The Panel shall coordinate the 
        implementation of the Strategy with non-Panel Federal agencies 
        to achieve the national policy described in section 2(c).

SEC. 6. NATURAL RESOURCES ADAPTATION SCIENCE AND INFORMATION.

    (a) National Climate Change and Wildlife Science Center.--
            (1) Establishment.--The Secretary of the Interior, in 
        collaboration with the States, Indian tribes, and other partner 
        organizations, shall establish a National Climate Change and 
        Wildlife Science Center within the United States Geological 
        Survey.
            (2) Duties of center.--The Center shall assess and develop 
        scientific information, tools, strategies, and techniques to be 
        used by the Panel, Federal and State agencies, and other 
        interested parties in addressing the impacts of climate 
        variability and change on natural resources.
    (b) Science Advisory Board.--
            (1) In general.--Not later than 180 days after the date of 
        enactment of this Act, the Secretary of Commerce and the 
        Secretary of the Interior shall establish and appoint the 
        members of a Science Advisory Board.
            (2) Membership.--The Board shall be comprised of not fewer 
        than 10 and not more than 20 members--
                    (A) who have expertise in biology (including fish, 
                wildlife, plant, aquatic, coastal, and marine biology), 
                ecology, climate change (including, where applicable, 
                ocean acidification, drought, flooding, and wildfire), 
                and other relevant scientific disciplines;
                    (B) who are scientists that represent a balanced 
                membership among Federal, State, tribal, and local 
                representatives, universities, and other interested 
                parties; and
                    (C) of whom at least \1/2\ shall be recommended by 
                the President of the National Academy of Sciences.
            (3) Duties.--The Board shall--
                    (A) advise the Panel on the state of the science 
                regarding--
                            (i) the ongoing and expected impacts of 
                        climate variability and change on natural 
                        resources; and
                            (ii) scientific strategies and mechanisms 
                        for natural resources adaptation;
                    (B) identify and recommend priorities for ongoing 
                research needs on the issues described in subparagraph 
                (A); and
                    (C) review and comment on the Strategy before the 
                Strategy is finalized.
            (4) Collaboration.--The Board shall collaborate with 
        climate change and ecosystem research entities in other Federal 
        agencies and departments.
            (5) Availability to public.--The advice and recommendations 
        of the Board shall be made available to the public.

SEC. 7. FEDERAL NATURAL RESOURCE AGENCY 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 that is consistent with the Strategy;
            (2) detail the ongoing and expanding proposed actions of 
        the Federal agency, and any changes in decisionmaking processes 
        necessary to increase the ability of resources under the 
        jurisdiction of the agency;
            (3) provide opportunities for public review and comment on 
        the plan;
            (4) coordinate with the plan of each other Federal agency 
        with representation on the Panel; and
            (5) submit the plan to the President for approval.
    (b) Requirements.--Each adaptation plan shall--
            (1) identify and prioritize specific conservation 
        strategies and actions that address the ongoing and expected 
        impacts of climate variability and change on natural resources 
        under the jurisdiction of the department or agency preparing 
        the plan, including--
                    (A) protection, restoration, and conservation of 
                natural resources to become more resilient, adapt to, 
                and better withstand the impacts of climate variability 
                and change;
                    (B) protection of habitats and ecosystems, the 
                diversity of native fish, wildlife, and plant 
                populations, and wildlife corridors, including--
                            (i) protection, restoration, and 
                        conservation of terrestrial, marine, estuarine, 
                        and freshwater habitats and ecosystems;
                            (ii) establishment of terrestrial, marine, 
                        estuarine, and freshwater corridors;
                            (iii) restoration and conservation of 
                        ecological processes;
                            (iv) protection of a broad diversity of 
                        native species of fish, wildlife, and plant 
                        populations across the ranges of those species; 
                        and
                            (v) protection of fish, wildlife, and plant 
                        health, recognizing that climate can alter the 
                        distribution and ecology of parasites, 
                        pathogens, and vectors;
            (2) describe how the agency will--
                    (A) integrate the strategies and conservation 
                activities into plans, programs, activities, and 
                actions of the agency relating to the conservation and 
                management of natural resources;
                    (B) establish new plans, programs, activities, and 
                actions, if necessary;
                    (C) maintain or restore corridors; and
                    (D) minimize the impacts of energy, development, 
                water, transportation, and transmission projects and 
                other activities on wildlife and wildlife habitat;
            (3) establish methods--
                    (A) to assess the effectiveness of strategies and 
                conservation actions the agency takes to protect, 
                restore, and conserve natural resources so natural 
                resources become more resilient, adapt to, and 
                withstand the ongoing and expected impacts of climate 
                change; and
                    (B) to update those strategies and actions to 
                respond to new information and changing conditions;
            (4) describe current and proposed mechanisms to enhance 
        cooperation and coordination of natural resources adaptation 
        efforts with other Federal agencies, State and local 
        governments, Indian tribes, and nongovernmental stakeholders;
            (5) include written guidance to resource managers; and
            (6) identify and assess data and information gaps necessary 
        to develop natural resources adaptation plans and strategies.
    (c) Implementation.--
            (1) In general.--On approval by the President, each Federal 
        agency with representation on the Panel shall, consistent with 
        existing authority, implement the adaptation plan of the agency 
        through existing and new plans, policies, programs, activities, 
        and actions.
            (2) Consideration of impacts.--To the maximum extent 
        practicable and consistent with existing authority, natural 
        resource management decisions made by each Federal agency with 
        representation on the Panel shall--
                    (A) consider the ongoing and expected impacts of 
                climate variability and change on natural resources; 
                and
                    (B) select alternatives that will avoid and 
                minimize those impacts and promote resilience.
    (d) Revision and Review.--Not later than 5 years after the date of 
implementation of the adaptation plan of a Federal agency, and every 5 
years thereafter, the Federal agency shall review and revise the 
adaptation plan to incorporate the best available science, including 
advice and information pursuant to section 6 and other information, 
regarding the ongoing and expected impacts of climate change on natural 
resources.

SEC. 8. STATE NATURAL RESOURCES ADAPTATION PLANS.

    (a) Requirement.--To be eligible to receive funds pursuant to 
subsection (d), not later than 1 year after the date of development of 
the Strategy, each State shall prepare and submit to the Secretary of 
the Interior and, as applicable, the Secretary of Commerce, a State 
natural resources adaptation plan detailing current and future efforts 
of the State to address the ongoing and expected impacts of climate 
change on natural resources and coastal areas within the jurisdiction 
of the State.
    (b) Review or Approval.--The Secretary of the Interior and, as 
applicable, the Secretary of Commerce shall--
            (1) review each State adaptation plan; and
            (2) approve a State adaptation plan if the plan--
                    (A) meets the requirements of subsection (c); and
                    (B) is consistent with the Strategy.
    (c) Contents.--A State adaptation plan shall--
            (1) meet the requirements described in section 7(b);
            (2) include the adaptation provisions of any State 
        comprehensive wildlife conservation strategy (or State wildlife 
        action plan) that has been--
                    (A) submitted to the United States Fish and 
                Wildlife Service; and
                    (B) approved, or is pending approval, by the United 
                States Fish and Wildlife Service;
            (3) include the adaptation provisions of a statewide 
        assessment and strategy for forest resources required under 
        section 2A of the Cooperative Forestry Assistance Act of 1978 
        (16 U.S.C. 2101a) that has been--
                    (A) submitted to the Secretary of Agriculture; and
                    (B) approved, or is pending approval, by the 
                Secretary of Agriculture; and
            (4) include the adaptation provisions of a Coastal Zone 
        Management Plan or a Coastal and Estuarine Land Conservation 
        Program Plan that has been--
                    (A) submitted to the National Oceanic and 
                Atmospheric Administration; and
                    (B) approved, or is pending approval, by the 
                National Oceanic and Atmospheric Administration.
    (d) Distribution of Funds to States.--Any funds made available 
pursuant to this Act shall be--
            (1) used to carry out natural resources adaptation 
        activities in accordance with adaptation plans approved under 
        this section; and
            (2) made available through--
                    (A) the State and tribal wildlife grant program 
                under title I of division F of the Consolidated 
                Appropriations Act, 2008 (Public Law 110-161; 121 Stat. 
                2103); and
                    (B)(i) the grant program under section 306 of the 
                Coastal Zone Management Act of 1972 (16 U.S.C. 1455); 
                and
                    (ii) the Coastal and Estuarine Land Conservation 
                Program established under title II of the Department of 
                Commerce and Related Agencies Appropriations Act, 2002 
                (16 U.S.C. 1456d).
    (e) Public Input.--In developing an adaptation plan, a State shall 
solicit and consider input from the public and independent scientists.
    (f) Coordination With Other Plans.--A State adaptation plan shall, 
where appropriate, integrate the goals and measures set forth in other 
natural resources conservation strategies and plans.
    (g) Updating.--Each State adaptation plan shall be updated at least 
every 5 years.

SEC. 9. AUTHORIZATION OF APPROPRIATIONS.

    There are authorized to be appropriated to carry out this Act such 
sums as are necessary.
                                 <all>