[Congressional Bills 114th Congress]
[From the U.S. Government Publishing Office]
[H.R. 6448 Introduced in House (IH)]
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114th CONGRESS
2d Session
H. R. 6448
To establish the National Wildlife Corridors System to provide for the
protection and restoration of native fish, wildlife, and plant species
and their habitats in the United States that have been diminished by
habitat loss, degradation, fragmentation, and obstructions, and for
other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
December 7, 2016
Mr. Beyer introduced the following bill; which was referred to the
Committee on Natural Resources, and in addition to the Committees on
Armed Services, Agriculture, and Transportation and Infrastructure, 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 establish the National Wildlife Corridors System to provide for the
protection and restoration of native fish, wildlife, and plant species
and their habitats in the United States that have been diminished by
habitat loss, degradation, fragmentation, and obstructions, and for
other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``Wildlife Corridors
Conservation Act of 2016''.
(b) Table of Contents.--The table of contents for this Act is as
follows:
Sec. 1. Short title; table of contents.
Sec. 2. Findings.
Sec. 3. Establishment of National Wildlife Corridors System.
Sec. 4. Administrative designation of National Wildlife Corridors.
Sec. 5. Protection and management.
Sec. 6. Conservation support.
Sec. 7. National native species habitats and corridors database.
Sec. 8. Wildlife Corridors Stewardship and Protection Fund.
Sec. 9. Protection of Indian tribes.
Sec. 10. Definitions.
Sec. 11. Relationship to other conservation laws.
Sec. 12. Authorization of appropriations.
SEC. 2. FINDINGS.
Congress makes the following findings:
(1) America's native fish, wildlife, and plant species are
part of our rich natural heritage and an important legacy to
pass on to future generations.
(2) Populations of many native fish, wildlife, and plant
species in the United States are declining. Scientists estimate
that one in five animal and plant species in the United States
is at risk of extinction and many species are declining in
numbers.
(3) One of the greatest threats to the survival and
diversity of many native fish, wildlife, and plant species in
the United States is the loss, degradation, fragmentation, and
obstructions of their natural habitats.
(4) The conservation of landscape corridors and hydrologic
connectivity, where native fish, wildlife, and plant species
and ecological processes can transition from one habitat to
another, is critical to conserving native biodiversity and
ensuring resiliency against impacts from a range of stressors.
(5) Climate change is a significant threat to native fish,
wildlife, and plants. Conserving, restoring, and establishing
new ecological connections to facilitate the shift of species
into more suitable habitat is a key climate change adaptation
strategy.
(6) Protecting landscape corridors and hydrologic
connectivity is a broadly accepted strategy to conserving
native fish, wildlife, and plant species and ensuring ecosystem
resilience, and it is typically one of the first steps in
restoration and recovery planning. For example, States have
recognized the importance of connectivity in the Western
Governors' Association policy resolution, ``Protecting Wildlife
Migration Corridors and Crucial Wildlife Habitat in the West'',
and the Conference of New England Governors and Eastern
Canadian Premiers' resolution recognizing the importance of
ecological connectivity for the adaptability and resilience of
their region's ecosystems, biodiversity, and human communities
in the face of climate change. The United States Fish and
Wildlife Service's Strategic Plan for Responding to
Accelerating Climate Change also acknowledges that ``processes
such as pollination, seed dispersal, nutrient cycling, natural
disturbance cycles, predator-prey relations, and others must be
part of the natural landscapes we seek to maintain or restore.
These processes are likely to function more optimally in
landscapes composed of large habitat blocks connected by well-
placed corridors.''. The Department of the Interior's Public
Land Policy for Implementing Mitigation at the Landscape-Scale
includes ``protecting and restoring core, unfragmented habitat
areas, and the key linkages among them.''. Federal and State
policies continue to be developed to address the importance of
conserving fish, wildlife, and plant corridors and ecological
connectivity.
SEC. 3. ESTABLISHMENT OF NATIONAL WILDLIFE CORRIDORS SYSTEM.
(a) Establishment.--There is established a National Wildlife
Corridors System to provide for the conservation and restoration of
habitats that support a diversity of ecologically associated native
fish, wildlife, and plant species in the United States, including
species protected under Federal law, that have experienced or may in
the future experience habitat loss, degradation, fragmentation, or
obstructions of connectivity.
(b) Purpose.--The purpose of the System is--
(1) to provide long-term habitat connectivity for native
fish, wildlife, and plant species for migration, dispersal,
adaptation to climate and other environmental change, and
genetic exchange;
(2) to restore ecological processes that have been
disrupted by habitat loss, degradation, fragmentation, or
obstructions; and
(3) to facilitate coordinated landscape- and seascape-scale
connectivity planning and management across jurisdictions.
(c) Components.--The System shall consist of National Wildlife
Corridors that are designated as part of the System by statute,
rulemaking, or Federal management plan issuance, revision, or
amendment.
(d) Strategy.--
(1) In general.--Not later than 18 months after the date of
the enactment of this Act, the Secretary of the Interior shall
issue a strategy for the effective development of the National
Wildlife Corridors System that will ensure achievement of the
purpose of the System, including consideration of connectivity
needs with respect to non-Federal lands and waters, achievement
of effective coordination regarding Corridors spanning multiple
jurisdictions, and an approximate development timeline. The
scope of Corridors to be designated may vary according to the
habitat needs of individual or ecologically associated native
fish, wildlife, and plant species.
(2) Consultation and coordination.--The Secretary shall
develop the strategy--
(A) in consultation with the Secretary of
Agriculture, the Secretary of Commerce, the Secretary
of Defense, and the Secretary of Transportation; and
(B) in coordination with States, tribes, and
existing landscape- and seascape-scale partnerships,
including the National Fish Habitat Partnership,
National Ocean Policy regional planning bodies, Climate
Science Centers of the Department of the Interior, and
the Landscape Conservation Cooperative Network.
SEC. 4. ADMINISTRATIVE DESIGNATION OF NATIONAL WILDLIFE CORRIDORS.
(a) In General.--
(1) Rulemaking requirement.--The Secretary of Agriculture,
the Secretary of Commerce, the Secretary of Defense, the
Secretary of the Interior, and the Secretary of Transportation
shall each within two years after the date of the enactment of
this Act, through a rulemaking, create a process for
designating lands and waters under their respective
administration and control as National Wildlife Corridors in
accordance with their land, water, and resource management
planning authorities.
(2) Rulemaking authority.--The Secretary of Agriculture,
the Secretary of Commerce, the Secretary of Defense, the
Secretary of the Interior, and the Secretary of Transportation
may each issue such regulations as he or she considers
appropriate to carry out this Act.
(3) Federal land and water management.--The Secretary of
Agriculture, the Secretary of Commerce, the Secretary of
Defense, the Secretary of the Interior, and the Secretary of
Transportation shall consider designation of National Wildlife
Corridors in processes for issuance, revision, or amendment of
a management plan or plans for lands and waters under their
respective administration and control.
(b) Criteria for Designation.--Designation of land or water as a
Corridor under this section--
(1) shall be based on the best available science;
(2) may consider information contained in governmental or
nongovernmental assessments, plans, monitoring reports,
studies, and other sources of relevant information, such as
ecoregional assessments, nongovernmental reports, public
transportation plans, State wildlife data and action plans,
traditional ecological knowledge, and relevant agency reports;
(3) shall be based on historic, current, or likely future
use of the areas by one or more native fish, wildlife, and
plant species continuously, annually, or periodically;
(4) shall support the connectivity, persistence,
resilience, and adaptability of native fish, wildlife, and
plant species by providing for--
(A) dispersal and genetic exchange between
populations;
(B) range shifting, range expansion, or range
restoration, such as in response to climate change;
(C) seasonal movement or migration; or
(D) succession, movement, or recolonization
following--
(i) a disturbance, such as fire, flood,
drought, or infestation; or
(ii) population decline due to disease or
previous extirpation; and
(5) shall be informed by the National Native Species
Habitats and Corridors Geographic Information System Database
established under this Act.
(c) Designation of Land or Water Requiring Restoration or
Consolidation of Habitat.--Land or water designated as a Corridor may
consist of--
(1) land or water that requires restoration, including--
(A) land or water that is degraded; and
(B) land or water from which a species is currently
absent, but may be colonized or recolonized by the
species or to which the species may be reintroduced or
restored; and
(2) fragmented land or water that consists of only a
portion of the habitat required for a native fish, wildlife,
and plant species to maintain itself.
(d) Petition for Designation.--The process established under
subsection (a) shall include procedures under which--
(1) any person may submit to the appropriate Secretary a
petition, along with information supporting such petition, to
designate an area under their jurisdiction as a National
Wildlife Corridor; and
(2) such Secretary shall consider and respond to each such
petition pursuant to a petition response process developed,
through rulemaking, by the Secretary.
(e) Designation on Military Lands.--
(1) In general.--Any designation of a Corridor on a
military installation--
(A) must be consistent with the use of military
installations and State-owned National Guard
installations to ensure the preparedness of the Armed
Forces; and
(B) must not result in a net loss in the capability
of installation lands to support the military mission
of the installation.
(2) Suspension or termination of designation.--The
Secretary of Defense may suspend or terminate any designation
of a Corridor on a military installation if the Secretary
considers such suspension or termination necessary for military
purposes, after publication of--
(A) public notice of such suspension or
termination; and
(B) any steps taken by the department to ensure
similar ecological connectivity elsewhere on the
military installation.
(3) Military installation defined.--In this subsection, the
term ``military installation'' has the meaning that term has
under section 100(1) of the Sikes Act (16 U.S.C. 670(1)).
(f) Coordination and Cooperation.--
(1) In general.--To the maximum extent practicable and
consistent with applicable law, each Secretary shall coordinate
designation of National Wildlife Corridors with other relevant
Federal departments and agencies, affected States, including
State fish and wildlife agencies and other State agencies
responsible for managing natural resources, tribes, local
governments, private landowners, and nongovernmental
organizations engaged in conservation of native fish, wildlife,
and plant species.
(2) Identification of supporting non-federal land and
water.--In conjunction with processes to designate National
Wildlife Corridors, each Secretary may identify, in
consultation with affected States, tribes, local governments,
private landowners and nongovernmental organizations engaged in
conservation of native fish, wildlife, and plant species, non-
Federal lands and waters that support the purposes of
designated National Wildlife Corridors by maintaining habitat
connectivity across jurisdictional boundaries or providing
other essential functions for wildlife and its habitat.
SEC. 5. PROTECTION AND MANAGEMENT.
(a) In General.--The Secretary of Agriculture, the Secretary of
Commerce, the Secretary of Defense, the Secretary of the Interior, and
the Secretary of Transportation, as applicable, shall, consistent with
other applicable land and water management requirements, manage each
National Wildlife Corridor under such Secretary's administrative
jurisdiction in a manner that contributes to the long-term
connectivity, persistence, resilience, and adaptability of native fish,
wildlife, and plant species, such as by--
(1) preventing habitat loss, degradation, fragmentation,
and obstructions within such Corridor;
(2) implementing strategies and activities that enhance the
ability of native fish, wildlife, and plant species to respond
to climate change and other environmental factors;
(3) maintaining or restoring the integrity and
functionality of the Corridor and associated habitat;
(4) mitigating or removing human-caused barriers to native
fish, wildlife, and plant species movement, including, but not
limited to, power lines, roads, fences, dams, bridges,
culverts, and other hydrologic obstructions; and
(5) using existing conservation programs under the
Secretary's jurisdiction to contribute to the connectivity,
persistence, resilience, and adaptability of native fish,
wildlife, and plant species.
(b) Corridors Spanning Multiple Jurisdictions.--Where a Corridor
spans the administrative jurisdiction of more than one Secretary, the
relevant Secretaries shall coordinate management of the Corridor such
that the purposes of this Act are achieved regarding such Corridor.
(c) Road Mitigation.--With respect to a Corridor that intersects,
adjoins, or crosses a new or existing local, State, or Federal road or
highway, the relevant Secretaries shall work with the Department of
Transportation and State and local transportation agencies, as
appropriate, to develop, implement, and fund environmental mitigation
measures to--
(1) improve public safety and reduce vehicle-caused
wildlife mortality while maintaining habitat connectivity; and
(2) mitigate the damage to wildlife, aquatic species
passage, flood resiliency, habitat, and ecosystem connectivity,
such as by constructing, maintaining, or replacing wildlife
underpasses and overpasses and culverts, or maintaining,
replacing, or removing dams, bridges, culverts, and other
hydrologic obstructions, as appropriate, such that the purposes
of this Act are achieved regarding such Corridor.
(d) Coordination.--In managing National Wildlife Corridors, each
Secretary shall, to the maximum extent practicable and consistent with
applicable law, coordinate on lands and waters within the System with
other Federal departments and agencies, and with relevant conservation
plans for native fish, plants, and wildlife and their habitats,
including State comprehensive wildlife strategies and other State
conservation strategies for species, tribal conservation plans, local
government land use and conservation plans, and nongovernmental plans.
SEC. 6. CONSERVATION SUPPORT.
(a) Working Landscapes.--The Secretary of Agriculture--
(1) may direct investment in working landscapes through
conservation programs under such Secretary's administration and
control to support the purposes of this Act; and
(2) shall give priority under such conservation programs to
non-Federal lands and waters identified under section 4(f) as
supporting the purposes of National Wildlife Corridors.
(b) Land and Water Conservation.--The Secretary of Agriculture, the
Secretary of Commerce, the Secretary of Defense, the Secretary of the
Interior, and the Secretary of Transportation may each acquire land and
interests in land, including permanent conservation easements, from
willing donors and willing sellers, to establish and enhance Corridors.
(c) Method.--Acquisitions under this section may be made--
(1) subject to section 200306 of title 54, United States
Code, by purchase with amounts appropriated from the Land and
Water Conservation Fund;
(2) by purchase with amounts appropriated from the Wildlife
Corridors Stewardship and Protection Fund; or
(3) by acceptance of donation of land or interests in land.
SEC. 7. NATIONAL NATIVE SPECIES HABITATS AND CORRIDORS DATABASE.
The Director of the United States Geological Survey, in cooperation
with the States and Indian tribes and with existing landscape- and
watershed-scale partnerships, including the National Fish Habitat
Partnership, the Landscape Conservation Cooperative Network, and the
Migratory Bird Joint Ventures, shall--
(1) establish a comprehensive National Native Species
Habitats and Corridors Geographic Information System Database
that--
(A) consists of a database of maps, models, data,
surveys, and other information regarding native fish,
wildlife, and plant species habitats and Corridors,
particularly regarding species most at risk due to
habitat loss, degradation, and fragmentation; and
(B) reflects the best scientific information
available; and
(2) make such database available to States, Indian tribes,
Federal agencies, local decisionmakers, and the general public,
for use in--
(A) identifying and prioritizing natural resources
adaptation strategies and activities;
(B) assessing, avoiding, and minimizing the impacts
of development, energy, water, transportation, and
transmission projects and other activities on
Corridors; and
(C) developing strategies to promote landscape and
aquatic connectivity necessary to allow native fish,
wildlife, and plant species to move as necessary to
meet biological and ecological needs, adjust to shifts
in habitat, and adapt to climate change.
SEC. 8. WILDLIFE CORRIDORS STEWARDSHIP AND PROTECTION FUND.
(a) Establishment and Contents.--There is established in the
Treasury of the United States a separate account to be known as the
Wildlife Corridors Stewardship and Protection Fund, consisting of--
(1) amounts appropriated to the Fund under this Act; and
(2) donations of funds accepted under subsection (c).
(b) Use.--The Fund--
(1) shall be administered by the National Fish and Wildlife
Foundation; and
(2) may be used by such Foundation to provide financial
assistance to States, local governments, the Federal
Government, tribes, and private landowners for enhancing the
management and the protection of designated Corridors and other
lands and waters identified as important to further the
purposes of Corridors designated under this Act.
(c) Donations.--The National Fish and Wildlife Foundation may
accept donations of funds for deposit into the Fund.
(d) Disclosure of Use.--The National Fish and Wildlife Foundation
shall annually make publicly available by March 1 a description of how
the Fund was used during the preceding calendar year.
SEC. 9. PROTECTION OF INDIAN TRIBES.
(a) Federal Trust Responsibility.--Nothing in this Act is intended
to amend, alter, or give priority over the Federal trust responsibility
to Indian tribes.
(b) Exemption From FOIA.--
(1) Exemption.--Information described in paragraph (2)
shall not be subject to disclosure under section 552 of title
5, United States Code, if the head of the agency that receives
the information, in consultation with the Secretary of the
Interior and the affected Indian tribe, determines that
disclosure may--
(A) cause a significant invasion of privacy;
(B) risk harm to human remains or resources,
cultural items, uses, or activities; or
(C) impede the use of a traditional religious site
by practitioners.
(2) Information described.--Information referred to in
paragraph (1) is information received by a Federal agency
pursuant to this Act relating to--
(A) the location, character, or ownership of human
remains of a person of Indian ancestry; or
(B) resources, cultural items, uses, or activities
identified by an Indian tribe as traditional or
cultural because of the long-established significance
or ceremonial nature to the Indian tribe.
SEC. 10. DEFINITIONS.
In this Act:
(1) Connectivity.--The term ``connectivity'' means the
condition of an area that permits, with respect to individual
or ecologically associated native fish, wildlife, and plant
species, dispersal and genetic exchange between populations;
range shifts or expansion, such as in response to climate
change; seasonal movement or migration; or succession,
movement, or recolonization following disturbance or population
decline.
(2) Corridor.--The term ``Corridor'' means any land or
water designated as a National Wildlife Corridor and part of
the System by statute or by a Federal agency rulemaking or
management plan issuance, revision, or amendment in accordance
with this Act.
(3) Fund.--The term ``Fund'' means the Wildlife Corridors
Stewardship and Protection Fund established by this Act.
(4) System.--The term ``System'' means the National
Wildlife Corridors System established by this Act.
SEC. 11. RELATIONSHIP TO OTHER CONSERVATION LAWS.
Nothing in this Act shall be construed to amend or otherwise affect
any other statute or regulation relating to conservation of fish,
wildlife, or plants.
SEC. 12. AUTHORIZATION OF APPROPRIATIONS.
There is authorized to be appropriated--
(1) for each fiscal year for designating and administering
Corridors under this Act--
(A) to the Secretary of the Interior, $7,500,000;
(B) to the Secretary of Agriculture, $3,000,000;
(C) to the Secretary of Defense, $1,500,000;
(D) to the Secretary of Commerce, $3,000,000; and
(E) to the Secretary of Transportation, $3,000,000;
(2) to the Secretary of the Interior, $3,000,000 for the
first fiscal year beginning after the date of the enactment of
this Act, and $1,500,000 for each fiscal year thereafter, to
establish and maintain a comprehensive National Native Species
Habitats and Corridors Geographic Information System Database
under this Act; and
(3) to the Fund, $3,000,000 for each fiscal year for the
National Fish and Wildlife Foundation to provide assistance
authorized by this Act.
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