[Congressional Bills 114th Congress]
[From the U.S. Government Publishing Office]
[S. 1601 Introduced in Senate (IS)]

114th CONGRESS
  1st Session
                                S. 1601

To establish an integrated national approach to respond to ongoing and 
 expected effects of extreme weather and climate change by protecting, 
 managing, and conserving the fish, wildlife, and plants of the United 
  States, and to maximize Government efficiency and reduce costs, in 
    cooperation with State, local, and tribal governments and other 
                   entities, and for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             June 17, 2015

Mr. Whitehouse introduced the following bill; which was read twice and 
       referred to the Committee on Environment and Public Works

_______________________________________________________________________

                                 A BILL


 
To establish an integrated national approach to respond to ongoing and 
 expected effects of extreme weather and climate change by protecting, 
 managing, and conserving the fish, wildlife, and plants of the United 
  States, and to maximize Government efficiency and reduce costs, in 
    cooperation with State, local, and tribal governments and other 
                   entities, 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.

    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) healthy, diverse, and productive communities of fish, 
        wildlife, and plants 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 of food, fiber, medicines, and 
                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 
                for subsistence communities;
                    (G) opportunities for scientific research and 
                education;
                    (H) world-class tourism destinations that support 
                local economies; and
                    (I) sequestration and storage of carbon to help 
                mitigate changes to the global climate system;
            (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 fish, 
        wildlife, and plants of the United States are facing increasing 
        risks from changing patterns of extreme weather and climate, 
        including--
                    (A) severe droughts and heatwaves;
                    (B) severe storms and floods;
                    (C) 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 distributions of fish, wildlife, and 
                plant populations;
                    (I) disruptive shifts in the timing of fish, 
                wildlife, and plant natural history cycles, such as 
                blooming, breeding, and seasonal migrations;
                    (J) increasing ocean temperatures and 
                acidification;
                    (K) altered patterns of rain, snow, runoff, and 
                streamflow; and
                    (L) habitat loss, degradation, fragmentation, and 
                movement; and
            (3) the Federal Government should provide leadership in 
        preparing for and responding to the effects described in 
        paragraph (2) to ensure that present and future generations 
        continue to receive the benefits of the abundant and diverse 
        fish, wildlife, and plant resources of the United States.
    (b) Purposes.--The purpose of this Act is to establish an 
integrated national approach--
            (1) to respond to ongoing and expected effects of extreme 
        weather and climate change by protecting, managing, and 
        conserving the fish, wildlife, and plants 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) National Fish, Wildlife, and Plants 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 evaluate and reduce the increased risks and 
vulnerabilities associated with climate change and extreme weather 
events, and to use all practicable means to protect, manage, and 
conserve healthy, diverse, and productive fish, wildlife, and plant 
populations.

SEC. 3. DEFINITIONS.

    In this Act:
            (1) Adaptation.--The term ``adaptation'' means--
                    (A) the process of adjustment to actual or expected 
                climate and the effects of climate change; and
                    (B) with respect to fish, wildlife, and plants, 
                protection, management, and conservation efforts 
                designed to maintain or enhance the ability of fish, 
                wildlife, and plants to withstand, adjust to, or 
                recover from the effects of extreme weather and climate 
                change (including, where applicable, ocean 
                acidification, drought, flooding, and wildfire).
            (2) Center.--The term ``Center'' means the National Climate 
        Change and Wildlife Science Center established under section 
        6(a)(1).
            (3) Committee.--The term ``Committee'' means the Advisory 
        Committee on Climate Change and Natural Resource Sciences 
        established under section 6(b)(1).
            (4) Ecological processes.--The term ``ecological 
        processes'' means biological, chemical, or physical interaction 
        between the biotic and abiotic components of an ecosystem, 
        including--
                    (A) decomposition;
                    (B) disease epizootiology;
                    (C) disturbance regimes, such as fire and flooding;
                    (D) gene flow;
                    (E) hydrological cycling;
                    (F) larval dispersal and settlement;
                    (G) nutrient cycling;
                    (H) pollination;
                    (I) predator-prey relationships; and
                    (J) soil formation.
            (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) Habitat connectivity.--The term ``habitat 
        connectivity'' means areas that facilitate terrestrial, marine, 
        estuarine, and freshwater fish, wildlife, or plant movement 
        that is necessary--
                    (A) for migration, gene flow, or dispersal; or
                    (B) to respond to the ongoing and expected effects 
                of climate change (including, where applicable, ocean 
                acidification, drought, flooding, and wildfire).
            (7) 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).
            (8) National strategy.--The term ``National Strategy'' 
        means the National Fish, Wildlife, and Plants Climate 
        Adaptation Strategy released March 26, 2013.
            (9) Resilience; resilient.--The terms ``resilience'' and 
        ``resilient'' mean the ability to anticipate, prepare for, and 
        adapt to changing conditions and withstand, respond to, and 
        recover rapidly from disruptions.
            (10) 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.
            (11) Working group.--The term ``Working Group'' means the 
        National Fish, Wildlife, and Plants Climate Adaptation Strategy 
        Joint Implementation Working Group established under section 
        4(a).

SEC. 4. NATIONAL FISH, WILDLIFE, AND PLANTS CLIMATE ADAPTATION STRATEGY 
              JOINT IMPLEMENTATION WORKING GROUP.

    (a) Establishment.--Not later than 90 days after the date of 
enactment of this Act, the President shall establish a National Fish, 
Wildlife, and Plants Climate Adaptation Strategy Joint Implementation 
Working Group composed of the heads of Federal and State agencies or 
departments with jurisdiction over fish, wildlife, and plant resources 
of the United States, and tribal representatives, as follows:
            (1) The Administrator of the Environmental Protection 
        Agency.
            (2) The Administrator of the Federal Emergency Management 
        Agency.
            (3) The Administrator of the National Oceanic and 
        Atmospheric Administration.
            (4) The Chair of the Council on Environmental Quality.
            (5) The Chief of Engineers.
            (6) The Chief of the Forest Service.
            (7) The Commissioner of Reclamation.
            (8) The Director of the Bureau of Indian Affairs.
            (9) The Director of the Bureau of Land Management.
            (10) The Director of the National Park Service.
            (11) The Director of the United States Fish and Wildlife 
        Service.
            (12) The Director of the United States Geological Survey.
            (13) The Secretary of Agriculture.
            (14) The Secretary of Defense.
            (15) State representatives from each regional association 
        of State fish and wildlife agencies.
            (16) Not less than 2 tribal representatives.
    (b) Duties.--The Working Group shall serve as a forum for 
interagency consultation on, and the coordination of, the development 
and implementation of the National Strategy.
    (c) Co-Chairs.--There shall be 4 co-chairs, of whom--
            (1) 2 shall be representatives of the Federal Government;
            (2) 1 shall be a representative of a State; and
            (3) 1 shall be a tribal representative.

SEC. 5. NATIONAL FISH, WILDLIFE, AND PLANTS CLIMATE ADAPTATION 
              STRATEGY.

    (a) In General.--The Working Group shall adopt the National 
Strategy to protect, manage, and conserve fish, wildlife, and plants to 
maintain the inherent resilience and adaptability of fish, wildlife, 
and plants to withstand the ongoing and expected effects of extreme 
weather and climate change.
    (b) Review and Revision.--Not later than 1 year after each release 
of the assessment required under section 106 of the Global Change 
Research Act of 1990 (15 U.S.C. 2936), the Working Group shall--
            (1) use sound science to review and revise the National 
        Strategy to incorporate--
                    (A) new information regarding the ongoing and 
                expected effects of climate change on fish, wildlife, 
                and plants; and
                    (B) advances in the development of fish, wildlife, 
                and plant adaptation strategies; and
            (2) in carrying out paragraph (1), provide public notice 
        and opportunity for comment.
    (c) Contents.--A revised National Strategy shall--
            (1) assess the vulnerability of fish, wildlife, and plants 
        to climate change, including short-term, medium-term, long-
        term, and cumulative impacts;
            (2) describe current, observation, and monitoring 
        activities at the Federal, State, tribal, and local levels 
        relating to the ongoing and expected effects of climate change 
        on fish, wildlife, and plants;
            (3) identify and prioritize research and data needs;
            (4) identify fish, wildlife, and plants likely to have the 
        greatest need for protection, restoration, and conservation due 
        to the ongoing and expanding effects of extreme weather and 
        climate change;
            (5) include specific protocols for integrating fish, 
        wildlife, and plant 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 fish, wildlife, and plants to reduce the risks of 
        extreme weather and climate change on other vulnerable sectors 
        of society;
            (7) identify Federal policies and actions that may reduce 
        resilience and increase the vulnerability of fish, wildlife, 
        and plants to extreme weather and climate change;
            (8) include specific actions that Federal agencies shall 
        take to protect, conserve, and manage fish, wildlife, and 
        plants to maintain the inherent resilience and adaptability of 
        fish, wildlife, and plants to withstand, adjust to, or recover 
        from the ongoing and expected effects 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 agencies, 
                territories of the United States, Indian tribes, 
                private landowners, conservation organizations, and 
                other countries that share jurisdiction over fish, 
                wildlife, and plants with the United States;
            (10) include specific actions to develop and implement 
        coordinated fish, wildlife, and plants 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 strategy implementation plans required under section 
        7.
    (d) Implementation.--
            (1) In general.--Consistent with other laws and Federal 
        trust responsibilities concerning Indian land or rights of 
        Indians under treaties with the United States, each Federal 
        agency shall integrate the elements of the National Strategy 
        that relate to conservation, management, and protection of 
        fish, wildlife, and plants into agency plans, environmental 
        reviews, and programs.
            (2) Public report.--The Working Group shall, on a biannual 
        basis, between revisions to the National Strategy, make 
        available to the public a report documenting any actions 
        implementing the Strategy.
            (3) Coordination.--The Working Group shall coordinate the 
        implementation of the National Strategy with Federal agencies 
        not represented on the Working Group to achieve the policy of 
        the United States described in section 2(c).

SEC. 6. FISH, WILDLIFE, AND PLANTS ADAPTATION SCIENCE AND INFORMATION.

    (a) National Climate Change and Wildlife Science Center.--
            (1) Authorization.--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.
            (2) Duties of center.--The Center shall assess and develop 
        scientific information, tools, strategies, and techniques to 
        support the Working Group, Federal and State agencies, tribes, 
        regionally based science and conservation centers, regional 
        coordinating entities, and other interested parties in 
        addressing the effects of extreme weather and climate change on 
        fish, wildlife, and plants.
            (3) General authority to enter into contracts, grants, and 
        cooperative agreements.--The Secretary may enter into 
        contracts, grants, or cooperative agreements with State 
        agencies, State cooperative extension services, institutions of 
        higher education, other research or educational institutions 
        and organizations, tribal organizations, Federal and private 
        agencies and organizations, individuals, and any other 
        contractor or recipient, to further the duties under paragraph 
        (2) without regard to--
                    (A) any requirements for competition;
                    (B) section 6101 of title 41, United States Code; 
                or
                    (C) subsections (a) and (b) of section 3324 of 
                title 31, United States Code.
    (b) Advisory Committee on Climate Change and Natural Resource 
Sciences.--
            (1) In general.--Not later than 180 days after the date of 
        enactment of this Act, and pursuant to the Federal Advisory 
        Committee Act (5 U.S.C. App.), the Secretary of the Interior 
        shall establish an Advisory Committee on Climate Change and 
        Natural Resource Sciences.
            (2) Membership.--The Committee shall be comprised of 25 
        members who--
                    (A) represent--
                            (i) Federal agencies;
                            (ii) State, local, and tribal governments;
                            (iii) nongovernmental organizations;
                            (iv) academic institutions; and
                            (v) the private sector; and
                    (B) have expertise in--
                            (i) biology (including fish, wildlife, 
                        plant, aquatic, coastal, and marine biology);
                            (ii) ecology;
                            (iii) climate change (including, where 
                        applicable, ocean acidification, drought, 
                        flooding, and wildfire); and
                            (iv) other relevant scientific disciplines.
            (3) Chair.--The Secretary of the Interior shall appoint a 
        Committee Chair from among the members of the Committee.
            (4) Duties.--The Committee shall--
                    (A) advise the Working Group on the state of the 
                science regarding--
                            (i) the ongoing and expected effects of 
                        extreme weather and climate change on fish, 
                        wildlife, and plants; and
                            (ii) scientific strategies and mechanisms 
                        for fish, wildlife, and plant adaptation;
                    (B) identify and recommend priorities for ongoing 
                research needs on the issues described in subparagraph 
                (A) to inform the research priorities of the Center 
                described in subsection (a) and other Federal climate 
                science institutions; and
                    (C) review and comment on each revised National 
                Strategy before that National Strategy is finalized.
            (5) Collaboration.--The Committee shall collaborate with 
        climate change and fish, wildlife, and plant research entities 
        in other Federal agencies and departments.
            (6) Availability to public.--The advice and recommendations 
        of the Committee shall be made available to the public.

SEC. 7. STRATEGY IMPLEMENTATION PLAN.

    (a) Development.--Not later than 1 year after the date of enactment 
of this Act and not later than 1 year after the date of each revision 
of the National Strategy, the Working Group shall--
            (1) complete a strategy implementation plan;
            (2) provide opportunities for public review and comment on 
        the plan; and
            (3) submit the plan to the President for approval.
    (b) Requirements.--The strategy implementation plan shall--
            (1) identify and prioritize specific conservation and 
        management strategies and actions that address the ongoing and 
        expected effects of extreme weather and climate change on fish, 
        wildlife, and plants, including--
                    (A) protection, management, and conservation of 
                terrestrial, marine, estuarine, and freshwater habitats 
                and ecosystems;
                    (B) establishment of terrestrial, marine, 
                estuarine, and freshwater habitat connectivity 
                corridors;
                    (C) restoration and conservation of ecological 
                processes;
                    (D) protection of a broad diversity of species of 
                fish, wildlife, and plant populations; and
                    (E) protection of fish, wildlife, and plant health, 
                recognizing that climate can alter the distribution and 
                ecology of parasites, pathogens, and vectors;
            (2) establish methods--
                    (A) to assess the effectiveness of strategies and 
                conservation actions implemented by the agencies to 
                protect, manage, and conserve fish, wildlife, and 
                plants; and
                    (B) to update those strategies and actions to 
                respond to new information and changing conditions;
            (3) describe current and proposed mechanisms to enhance 
        cooperation and coordination of fish, wildlife, and plant 
        adaptation efforts with other Federal agencies, State and local 
        governments, Indian tribes, and nongovernmental stakeholders;
            (4) include written guidance to resource managers; and
            (5) identify and assess data and information gaps necessary 
        to develop fish, wildlife, and plant adaptation plans and 
        strategies.
    (c) Implementation.--
            (1) In general.--On approval by the President, each Federal 
        agency shall, consistent with existing authority, implement the 
        strategy implementation plan under subsection (a)(1) through 
        existing and new plans, policies, programs, activities, and 
        actions, including integration into climate adaptation plans 
        pursuant to Executive Order 13653 (42 U.S.C. 4321 note; 
        relating to preparation for the impacts of climate change).
            (2) Consideration of effects.--To the maximum extent 
        practicable and consistent with existing authority, fish, 
        wildlife, and plant conservation and management decisions made 
        by each Federal agency shall consider and promote resilience to 
        the ongoing and expected effects of extreme weather and climate 
        change.
    (d) Revision and Review.--Not later than 1 year after the National 
Strategy is revised under section 5(b), the Working Group shall review 
and revise the strategy implementation plan under subsection (a)(1) to 
incorporate the best available science, including advice and 
information pursuant to section 6 and other information, regarding the 
ongoing and expected effects of climate change on fish, wildlife, and 
plants.

SEC. 8. STATE FISH, WILDLIFE, AND PLANTS ADAPTATION PLANS.

    (a) Requirement.--To be eligible to receive funds pursuant to 
subsection (d), not later than 1 year after the date of enactment of 
this Act and not later than 1 year after the date of each revision of 
the National Strategy, each State shall prepare and submit to the 
Secretary of the Interior and the Secretary of Commerce, a State fish, 
wildlife, and plant adaptation plan detailing current and future 
efforts of the State to address the ongoing and expected effects of 
climate change on fish, wildlife, and plants and coastal areas within 
the jurisdiction of the State.
    (b) Review or Approval.--The Secretary of the Interior and 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 National 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 Director of the United States 
                Fish and Wildlife Service; and
                    (B) approved, or is pending approval, by the 
                Director of 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 Administrator of the National 
                Oceanic and Atmospheric Administration; and
                    (B) approved, or is pending approval, by the 
                Administrator of 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 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);
                    (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); and
                    (iii) programs established under the Cooperative 
                Forestry Assistance Act of 1978 (16 U.S.C. 2101 et 
                seq.).
    (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 
climate adaptation, hazard mitigation, and fish, wildlife, and plant 
conservation strategies and plans.
    (g) Updates.--Each State adaptation plan shall be updated at least 
every 4 years.

SEC. 9. AUTHORIZATION OF APPROPRIATIONS.

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