1.This Act may be cited as
the Safeguarding America’s Future and
Environment Act
or the SAFE Act
.
2.Findings,
purposes, and policy
(a)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)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 policyIt 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.
3.In this Act:
(1)The
term Board means the Science Advisory Board established under
section 6(b)(1).
(2)The
term Center means the National Climate Change and Wildlife Science
Center established under section 6(a)(1).
(3)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)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)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)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, plants, habitats, and ecosystems of the United
States.
(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 variability and
change (including, where applicable, ocean acidification, drought, flooding,
and wildfire).
(9)The
term Panel means the Natural Resources Climate Change Adaptation
Panel established under section 4(a).
(10)The terms resilience and
resilient, with respect to a natural resource, mean the ability of
the natural resource to recover from disturbance.
(11)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)The
term Strategy means the Natural Resources Climate Change
Adaptation Strategy developed under section 5(a).
4.Natural
resources climate change adaptation panel
(a)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)The
Panel shall serve as a forum for interagency consultation on, and the
coordination of, the development and implementation of the Strategy.
5.Natural
resources adaptation strategy
(a)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)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)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)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)
(1)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)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)The
Panel shall coordinate the implementation of the Strategy with non-Panel
Federal agencies to achieve the national policy described in section
2(c).
6.Natural
resources adaptation science and information
(a)National
climate change and wildlife science center
(1)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)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)
(1)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)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)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)The
Board shall collaborate with climate change and ecosystem research entities in
other Federal agencies and departments.
(5)The advice and recommendations of the Board shall be made
available to the public.
7.Federal natural
resource agency 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 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)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)
(1)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)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)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.
8.State natural
resources adaptation plans
(a)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)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)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 StatesAny 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)In developing an adaptation plan, a State shall solicit and
consider input from the public and independent scientists.
(f)Coordination
with other plansA State adaptation plan shall, where
appropriate, integrate the goals and measures set forth in other natural
resources conservation strategies and plans.
(g)Each
State adaptation plan shall be updated at least every 5 years.
9.Authorization of
appropriationsThere are
authorized to be appropriated to carry out this Act such sums as are
necessary.