[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2795 Reported in House (RH)]

<DOC>





                                                 Union Calendar No. 456
116th CONGRESS
  2d Session
                                H. R. 2795

                      [Report No. 116-558, Part I]

To establish National Wildlife Corridors to provide for the protection 
 and restoration of certain native fish, wildlife, and plant species, 
                        and for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                              May 16, 2019

Mr. Beyer (for himself and Mr. Buchanan) introduced the following bill; 
   which was referred to the Committee on Natural Resources, and in 
    addition to the Committees on Agriculture, Armed Services, 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

                            October 9, 2020

 Additional sponsors: Ms. Haaland, Mr. Lujan, Mr. Raskin, Mr. Ted Lieu 
of California, Ms. Lofgren, Ms. Torres Small of New Mexico, Mr. Rooney 
of Florida, Mr. Fitzpatrick, Mr. Neguse, Ms. Norton, Mr. Connolly, and 
                         Mrs. Murphy of Florida

                            October 9, 2020

   Reported from the Committee on Natural Resources with an amendment
 [Strike out all after the enacting clause and insert the part printed 
                               in italic]


                            October 9, 2020

   Committees on Agriculture, Armed Services, and Transportation and 
  Infrastructure discharged; committed to the Committee of the Whole 
       House on the State of the Union and ordered to be printed
[For text of introduced bill, see copy of bill as introduced on May 16, 
                                 2019]

_______________________________________________________________________

                                 A BILL


 
To establish National Wildlife Corridors to provide for the protection 
 and restoration of certain native fish, wildlife, and plant species, 
                        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 2019''.
    (b) Table of Contents.--The table of contents for this Act is as 
follows:

Sec. 1. Short title; table of contents.
Sec. 2. Findings and purposes.
Sec. 3. Definitions.

  TITLE I--NATIONAL WILDLIFE CORRIDOR SYSTEM ON FEDERAL LAND AND WATER

Sec. 101. National Wildlife Corridors.
Sec. 102. Administrative designation of National Wildlife Corridors.
Sec. 103. Management of National Wildlife Corridors.
Sec. 104. Collaboration and coordination.
Sec. 105. Effect.

                  TITLE II--TRIBAL WILDLIFE CORRIDORS

Sec. 201. Tribal Wildlife Corridors.
Sec. 202. Protection of Indian tribes.

  TITLE III--WILDLIFE MOVEMENT GRANT PROGRAM ON NON-FEDERAL LAND AND 
                                 WATER

Sec. 301. Wildlife movement grant program.
Sec. 302. National Coordination Committee.
Sec. 303. Regional wildlife movement councils.

             TITLE IV--NATIONAL WILDLIFE CORRIDORS DATABASE

Sec. 401. National wildlife corridors database.

                            TITLE V--FUNDING

Sec. 501. Wildlife Corridors Stewardship Fund.
Sec. 502. Working landscapes.
Sec. 503. Authorization of appropriations.

SEC. 2. FINDINGS AND PURPOSES.

    (a) Findings.--Congress finds that--
            (1) the native fish, wildlife, and plant species in the 
        United States are part of a rich natural heritage and an 
        important legacy to pass on to future generations;
            (2) the populations of many native fish, wildlife, and 
        plant species in the United States are in decline;
            (3) scientists estimate that 1 in 5 animal and plant 
        species in the United States is at risk of extinction, and many 
        species are declining in numbers;
            (4) threats to the survival and diversity of many native 
        fish, wildlife, and plant species in the United States include 
        the loss, degradation, fragmentation, and obstruction of 
        natural habitats;
            (5) climate change threatens native fish, wildlife, and 
        plant species;
            (6) the 2019 global assessment report from the 
        Intergovernmental Science-Policy Platform on Biodiversity and 
        Ecosystem Services found that--
                    (A) 1,000,000 wildlife and plant species worldwide 
                are now threatened with extinction; and
                    (B) 75 percent of the land-based environment, and 
                approximately 66 percent of the marine environment, 
                have been significantly altered by human actions;
            (7) the conservation of new and existing landscape and 
        seascape corridors, through which native species can transition 
        from 1 habitat to another, plays an important role in helping--
                    (A) to conserve native biodiversity; and
                    (B) to ensure resiliency against impacts from a 
                range of biotic and abiotic stressors;
            (8) the conservation, restoration, and establishment of new 
        ecological connections to facilitate the movement of species 
        into more suitable habitats is a key climate change adaptation 
        strategy;
            (9) the protection of new and existing corridors is often 
        one of the first steps in restoration and recovery planning;
            (10) States have recognized the importance of habitat 
        connectivity, including--
                    (A) a New England Governors and Eastern Canadian 
                Premiers' Conference on the importance of connectivity 
                for ecosystem adaptability and resilience, 
                biodiversity, and human communities; and
                    (B) past Western Governors' Association policy 
                resolution;
            (11) the strategic plan of the United States Fish and 
        Wildlife Service to respond to accelerating climate change 
        entitled ``Rising to the Urgent Challenge'' 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 . . . and are likely to function more 
        optimally in landscapes composed of large habitat blocks 
        connected by well-placed corridors'';
            (12) Federal and State agencies continue to develop 
        policies to address--
                    (A) the importance of conserving fish, wildlife, 
                and plant corridors;
                    (B) the gap between science and management for at-
                risk species; and
                    (C) ecological connectivity; and
            (13) Federal policies consistently recognize the importance 
        of voluntary improvement projects by private landowners to 
        habitat conservation and restoration for native species.
    (b) Purposes.--The purposes of this Act are--
            (1) to support a diverse array of native species, including 
        species protected under Federal, State, and Tribal law, that 
        have experienced or may experience habitat loss, degradation, 
        fragmentation, or obstruction to connectivity;
            (2) to provide long-term habitat connectivity for native 
        species migration, dispersal, adaptation to climate and other 
        environmental change, and genetic exchange;
            (3) to help restore wildlife movements that have been 
        disrupted by habitat loss, degradation, fragmentation, or 
        obstruction;
            (4) to facilitate coordinated landscape- and seascape-scale 
        connectivity planning and management across jurisdictions; and
            (5) to support State, Tribal, local, voluntary private 
        landowner, and Federal agency decisionmakers in the planning 
        and development of National Wildlife Corridors.

SEC. 3. DEFINITIONS.

    In this Act:
            (1) Appropriate committees of congress.--The term 
        ``appropriate committees of Congress'' means--
                    (A) the Committee on Energy and Natural Resources 
                of the Senate;
                    (B) the Committee on Environment and Public Works 
                of the Senate;
                    (C) the Committee on Appropriations of the Senate;
                    (D) the Committee on Energy and Commerce of the 
                House of Representatives;
                    (E) the Committee on Natural Resources of the House 
                of Representatives; and
                    (F) the Committee on Appropriations of the House of 
                Representatives.
            (2) Connectivity.--The term ``connectivity'' means the 
        degree to which the landscape or seascape facilitates native 
        species movement.
            (3) Corridor.--The term ``corridor'' means a feature of the 
        landscape or seascape that--
                    (A) provides habitat or ecological connectivity; 
                and
                    (B) allows for native species movement or 
                dispersal.
            (4) Database.--The term ``Database'' means the National 
        Wildlife Corridors Database established under section 401(a).
            (5) Federal land or water.--The term ``Federal land or 
        water'' means any land or water, or interest in land or water, 
        owned by the United States.
            (6) Fund.--The term ``Fund'' means the Wildlife Corridors 
        Stewardship Fund established by section 501(a).
            (7) Habitat.--The term ``habitat'' means land, water, and 
        substrate occupied at any time during the life cycle of a 
        native species that is necessary, with respect to the native 
        species, for spawning, breeding, feeding, growth to maturity, 
        or migration.
            (8) Indian land.--The term ``Indian land'' means land of an 
        Indian tribe, or an Indian individual, that is--
                    (A) held in trust by the United States; or
                    (B) subject to a restriction against alienation 
                imposed by the United States.
            (9) 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. 5304).
            (10) National coordination committee.--The term ``National 
        Coordination Committee'' means the National Coordination 
        Committee established under section 302(a).
            (11) National wildlife corridor.--The term ``National 
        Wildlife Corridor'' means any Federal land or water designated 
        as a National Wildlife Corridor under section 101(a).
            (12) National wildlife corridor system.--The term 
        ``National Wildlife Corridor System'' means the system of 
        National Wildlife Corridors established by section 101(a).
            (13) Native species.--The term ``native species'' means--
                    (A) a fish, wildlife, or plant species that is or 
                was historically present in a particular ecosystem as a 
                result of natural migratory or evolutionary processes, 
                including subspecies and plant varieties; and
                    (B) a migratory bird species that is native to the 
                United States or its territories (as defined in section 
                2(b) of the Migratory Bird Treaty Act (16 U.S.C. 
                703(b))).
            (14) Regional ocean partnership.--The term ``regional ocean 
        partnership'' means a regional organization of coastal or Great 
        Lakes States, territories, or possessions voluntarily convened 
        by Governors to address cross-jurisdictional ocean matters, or 
        the functional equivalent of such a regional ocean organization 
        designated by the Governor or Governors of a State or States.
            (15) Regional wildlife movement council.--The term 
        ``regional wildlife movement council'' means a regional 
        wildlife movement council established under section 303(a).
            (16) Secretaries.--The term ``Secretaries'' means--
                    (A) the Secretary of Agriculture;
                    (B) the Secretary of Commerce;
                    (C) the Secretary of Defense;
                    (D) the Secretary of the Interior; and
                    (E) the Secretary of Transportation.
            (17) Secretary.--The term ``Secretary'' means the Secretary 
        of the Interior, acting through the Director of the United 
        States Fish and Wildlife Service.
            (18) Tribal wildlife corridor.--The term ``Tribal Wildlife 
        Corridor'' means a corridor established by the Secretary under 
        section 201(a)(1)(C).
            (19) United states.--The term ``United States'', when used 
        in a geographical sense, means--
                    (A) a State;
                    (B) the District of Columbia;
                    (C) the Commonwealth of Puerto Rico;
                    (D) Guam;
                    (E) American Samoa;
                    (F) the Commonwealth of the Northern Mariana 
                Islands;
                    (G) the Federated States of Micronesia;
                    (H) the Republic of the Marshall Islands;
                    (I) the Republic of Palau;
                    (J) the United States Virgin Islands; and
                    (K) the territorial sea (within the meaning of the 
                Magnuson-Stevens Fishery Conservation and Management 
                Act (16 U.S.C. 1801 et seq.)) and the exclusive 
                economic zone (as defined in section 3 of that Act (16 
                U.S.C. 1802)) within the jurisdiction or sovereignty of 
                the Federal Government.
            (20) Wildlife movement.--The term ``wildlife movement'' 
        means the passage of individual members or populations of 
        native species across a landscape or seascape.

  TITLE I--NATIONAL WILDLIFE CORRIDOR SYSTEM ON FEDERAL LAND AND WATER

SEC. 101. NATIONAL WILDLIFE CORRIDORS.

    (a) Establishment.--There is established a system of corridors on 
Federal land and water, to be known as the ``National Wildlife Corridor 
System'', which shall consist of National Wildlife Corridors designated 
as part of the National Wildlife Corridor System by--
            (1) statute;
            (2) rulemaking under section 102; or
            (3) a land management or land use plan developed or revised 
        by the Secretaries.
    (b) Strategy.--Not later than 18 months after the date of enactment 
of this Act, the Secretary shall develop a strategy for the effective 
development of the National Wildlife Corridor System--
            (1) to support the fulfillment of the purposes described in 
        section 2(b);
            (2) to ensure coordination and consistency across Federal 
        agencies in the development, implementation, and management of 
        National Wildlife Corridors; and
            (3) to develop a timeline for the implementation of 
        National Wildlife Corridors.

SEC. 102. ADMINISTRATIVE DESIGNATION OF NATIONAL WILDLIFE CORRIDORS.

    (a) Rulemaking.--
            (1) National wildlife corridors.--Not later than 2 years 
        after the date of enactment of this Act, the Secretaries, 
        pursuant to the Secretaries' respective land, water, and 
        resource management planning and conservation authorities, 
        shall establish a process, by regulation, for the designation 
        and management of National Wildlife Corridors on Federal land 
        or water under the respective jurisdictions of the Secretaries.
            (2) Federal land and water management.--The Secretaries 
        shall consider the designation of National Wildlife Corridors 
        in any process relating to the issuance, revision, or 
        modification of a management plan for land or water under the 
        respective jurisdiction of the Secretaries.
    (b) Criteria for Designation.--The regulations promulgated by the 
Secretary under subsection (a)(1) shall ensure that, in designating a 
National Wildlife Corridor, the Secretaries--
            (1) base the designation of the National Wildlife Corridor 
        on--
                    (A) coordination with existing--
                            (i) National Wildlife Corridors;
                            (ii) corridors established or recognized by 
                        States; and
                            (iii) Tribal Wildlife Corridors; and
                    (B) the best available science of--
                            (i) existing native species habitat; and
                            (ii) likely future native species habitats;
            (2) determine that the National Wildlife Corridor supports 
        the connectivity, persistence, resilience, and adaptability of 
        the native species for which it has been designated 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 or previous 
                        extirpation;
            (3) consult the Database; and
            (4) consider recommendations from the National Coordination 
        Committee under section 302(e)(2)(C).
    (c) Designation of Federal Land or Water Requiring Restoration or 
Connection of Habitat.--The Secretaries may designate as a National 
Wildlife Corridor land or water that--
            (1) is necessary for the natural movements of 1 or more 
        native species;
            (2) requires restoration, including--
                    (A) land or water that is degraded; and
                    (B) land or water from which a species is currently 
                absent--
                            (i) but may be colonized or recolonized by 
                        the species naturally; or
                            (ii) to which the species may be 
                        reintroduced or restored based on habitat 
                        changes; and
            (3) is fragmented or consists of only a portion of the 
        habitat required for the connectivity needs of 1 or more native 
        species.
    (d) Nomination for Designation.--
            (1) In general.--In establishing the process for 
        designation under subsection (a)(1), the Secretary shall 
        include procedures under which--
                    (A) any State, Tribal, or local government, or a 
                nongovernmental organization engaged in the 
                conservation of native species and the improvement of 
                the habitats of native species, may submit to the 
                Secretaries a nomination to designate as a National 
                Wildlife Corridor Federal land or water under the 
                respective jurisdiction of the Secretaries; and
                    (B) the Secretaries shall consider and, not later 
                than 1 year after the date on which the nomination was 
                submitted under subparagraph (A), respond to any 
                nomination submitted under that subparagraph.
            (2) Supporting documentation.--A nomination for designation 
        under paragraph (1)(A) shall include supporting documentation, 
        including--
                    (A) the native species for which the National 
                Wildlife Corridor would be designated;
                    (B) summaries and references of, with respect to 
                the designation of a National Wildlife Corridor--
                            (i) the best science available at the time 
                        of the submission of the nomination for 
                        designation documenting why the corridor is 
                        needed; and
                            (ii) the most current scientific reports 
                        available at the time of the submission of the 
                        nomination for designation;
                    (C) information with respect to how the nomination 
                was coordinated with potential partners;
                    (D) a description of supporting stakeholders, such 
                as States, Indian tribes, local governments, scientific 
                organizations, nongovernmental organizations, and 
                affected voluntary private landowners; and
                    (E) any additional information the Secretaries, in 
                consultation with the National Coordination Committee, 
                determine is relevant to the nomination.
    (e) Designation on Military Land.--
            (1) In general.--Any designation of a National Wildlife 
        Corridor on a military installation (as defined in section 100 
        of the Sikes Act (16 U.S.C. 670))--
                    (A) shall be consistent with the use of military 
                installations and State-owned National Guard 
                installations to ensure the preparedness of the Armed 
                Forces; and
                    (B) may not result in a net loss in the capability 
                of military installation lands to support the military 
                mission of the installation.
            (2) Suspension or termination of designation.--The 
        Secretary of Defense may suspend or terminate the designation 
        of any National Wildlife Corridor on a military installation if 
        the Secretary of Defense considers the suspension or 
        termination to be necessary for military purposes, after public 
        notice of--
                    (A) the suspension or termination; and
                    (B) any voluntary steps taken by the Department of 
                Defense to attempt to provide similar ecological 
                connectivity elsewhere on the military installation.

SEC. 103. MANAGEMENT OF NATIONAL WILDLIFE CORRIDORS.

    (a) In General.--The Secretaries shall, consistent with other 
applicable Federal land and water management requirements, laws, and 
regulations, manage each National Wildlife Corridor under the 
respective administrative jurisdiction of the Secretaries in a manner 
that contributes to the long-term connectivity, persistence, 
resilience, and adaptability of native species for which the National 
Wildlife Corridor is identified, including through--
            (1) the maintenance and improvement of habitat connectivity 
        within the National Wildlife Corridor;
            (2) the implementation of strategies and activities that 
        enhance the ability of native species to respond to climate 
        change and other environmental factors;
            (3) the maintenance or restoration of the integrity and 
        functionality of the National Wildlife Corridor;
            (4) the mitigation or removal of human infrastructure that 
        obstructs the natural movement of native species; and
            (5) the use of existing conservation programs, including 
        Tribal Wildlife Corridors, under the respective jurisdiction of 
        the Secretaries to contribute to the connectivity, persistence, 
        resilience, and adaptability of native species.
    (b) National Wildlife Corridors Spanning Multiple Jurisdictions.--
In the case of a National Wildlife Corridor that spans the 
administrative jurisdiction of 2 or more of the Secretaries, the 
relevant Secretaries shall coordinate management of the National 
Wildlife Corridor in accordance with section 104(b) to advance the 
purposes described in section 2(b).
    (c) Road Mitigation.--In the case of a National Wildlife Corridor 
that intersects, adjoins, or crosses a new or existing State, Tribal, 
or local road or highway, the relevant Secretaries shall coordinate 
with the Secretary of Transportation and State, Tribal, and local 
transportation agencies, as appropriate, to identify and implement 
voluntary environmental mitigation measures--
            (1) to improve public safety and reduce vehicle-caused 
        native species mortality while maintaining habitat 
        connectivity; and
            (2) to mitigate damage to the natural movements of native 
        species through strategies such as--
                    (A) the construction, maintenance, or replacement 
                of native species underpasses, overpasses, and 
                culverts; and
                    (B) the maintenance, replacement, or removal of 
                dams, bridges, culverts, and other hydrological 
                obstructions.
    (d) Compatible Uses.--A use of Federal land or water that was 
authorized before the date on which the Federal land or water is 
designated as a National Wildlife Corridor may continue if the 
applicable Secretaries determine that the use is compatible with the 
wildlife movements of the species for which the National Wildlife 
Corridor was designated, consistent with applicable Federal laws and 
regulations.

SEC. 104. COLLABORATION AND COORDINATION.

    (a) Collaboration.--The Secretaries may partner with and provide 
funds to States, local governments, Indian tribes, the National 
Coordination Committee, voluntary private landowners, and the regional 
wildlife movement councils to support the purposes described in section 
2(b).
    (b) Coordination.--To the maximum extent practicable and consistent 
with applicable law, the Secretary or Secretaries, as applicable, shall 
develop the strategy under section 101(b), designate National Wildlife 
Corridors under section 102, and manage National Wildlife Corridors 
under section 103--
            (1) in consultation and coordination with--
                    (A) other relevant Federal agencies;
                    (B) States, including--
                            (i) State fish and wildlife agencies; and
                            (ii) other State agencies responsible for 
                        managing the natural resources and wildlife;
                    (C) Indian tribes;
                    (D) units of local government;
                    (E) other interested stakeholders identified by the 
                Secretary, including applicable voluntary private 
                landowners;
                    (F) landscape- and seascape-scale partnerships, 
                including--
                            (i) the National Fish Habitat Partnership;
                            (ii) the National Marine Fisheries Service;
                            (iii) regional fishery management councils 
                        established under section 302(a) of the 
                        Magnuson-Stevens Fishery Conservation and 
                        Management Act (16 U.S.C. 1852(a));
                            (iv) relevant regional ocean partnerships;
                            (v) the Climate Science Centers of the 
                        Department of the Interior; and
                            (vi) the Landscape Conservation Cooperative 
                        Network;
                    (G) the National Coordination Committee; and
                    (H) the regional wildlife movement councils.

SEC. 105. EFFECT.

    (a) Relationship to Other Conservation Laws.--Nothing in this Act 
amends or otherwise affects any other law (including regulations) 
relating to the conservation of native species.
    (b) Jurisdiction of States and Indian Tribes.--Nothing in this Act 
or an amendment made by this Act affects the jurisdiction of a State or 
an Indian tribe with respect to fish and wildlife management, including 
the regulation of hunting, fishing, and trapping, in a National 
Wildlife Corridor or a Tribal Wildlife Corridor.

                  TITLE II--TRIBAL WILDLIFE CORRIDORS

SEC. 201. TRIBAL WILDLIFE CORRIDORS.

    (a) Establishment.--
            (1) In general.--
                    (A) Nominations.--An Indian tribe may nominate a 
                corridor within Indian land of the Indian tribe as a 
                Tribal Wildlife Corridor by submitting to the 
                Secretary, in consultation with the Director of the 
                Bureau of Indian Affairs (referred to in this section 
                as the ``Secretary''), an application at such time, in 
                such manner, and containing such information as the 
                Secretary may require.
                    (B) Determination.--Not later than 90 days after 
                the date on which the Secretary receives an application 
                under subparagraph (A), the Secretary shall determine 
                whether the nominated Tribal Wildlife Corridor 
                described in the application meets the criteria 
                established under paragraph (2).
                    (C) Publication.--On approval of an application 
                under subparagraph (B), the Secretary shall publish in 
                the Federal Register a notice of the establishment of 
                the Tribal Wildlife Corridor, which shall include a map 
                and legal description of the land designated as a 
                Tribal Wildlife Corridor.
            (2) Criteria.--
                    (A) In general.--Not later than 18 months after the 
                date of enactment of this Act, the Secretary shall 
                establish criteria for determining whether a corridor 
                nominated by an Indian tribe under paragraph (1)(A) 
                qualifies as a Tribal Wildlife Corridor.
                    (B) Inclusions.--The criteria established under 
                subparagraph (A) shall include, at a minimum, the 
                following:
                            (i) The restoration of historical habitat 
                        for the purposes of facilitating connectivity.
                            (ii) The management of land for the 
                        purposes of facilitating connectivity.
                            (iii) The management of land to prevent the 
                        imposition of barriers that may hinder current 
                        or future connectivity.
            (3) Removal.--
                    (A) In general.--An Indian tribe may elect to 
                remove the designation of a Tribal Wildlife Corridor on 
                the Indian land of the Indian tribe by notifying the 
                Secretary.
                    (B) Effect of removal.--An Indian tribe that elects 
                to remove a designation under subparagraph (A) may not 
                receive assistance under subsection (c) or (d)(1) or 
                section 301.
    (b) Coordination of Land Use Plans.--Section 202 of the Federal 
Land Policy and Management Act of 1976 (43 U.S.C. 1712) is amended--
            (1) in subsection (b)--
                    (A) by striking ``Indian tribes by'' and inserting 
                the following: ``Indian tribes--
            ``(1) by'';
                    (B) in paragraph (1) (as so designated), by 
                striking the period at the end and inserting ``; and''; 
                and
                    (C) by adding at the end the following:
            ``(2) for the purposes of determining whether the land use 
        plans for land in the National Forest System would provide 
        additional connectivity to benefit the purposes of a Tribal 
        Wildlife Corridor established under section 10(a)(1) of the 
        Wildlife Corridors Conservation Act of 2019.''; and
            (2) by adding at the end the following:
    ``(g) Tribal Wildlife Corridors.--On the establishment of a Tribal 
Wildlife Corridor under section 10(a)(1) of the Wildlife Corridors 
Conservation Act of 2019, the Secretary shall conduct a meaningful 
consultation with the Indian tribe that administers the Tribal Wildlife 
Corridor to determine whether, through the revision of 1 or more 
existing land use plans, the Tribal Wildlife Corridor can--
            ``(1) be expanded into public lands; or
            ``(2) otherwise benefit connectivity (as defined in section 
        3 of that Act) between public lands and the Tribal Wildlife 
        Corridor.''.
    (c) Technical Assistance.--The Secretary shall provide to Indian 
tribes technical assistance relating to the establishment, management, 
and expansion of a Tribal Wildlife Corridor, including assistance with 
accessing wildlife data and working with voluntary private landowners 
to access Federal and State programs to improve wildlife habitat and 
connectivity on non-Federal land.
    (d) Availability of Assistance.--
            (1) Conservation programs consideration.--
                    (A) In general.--In evaluating applications under 
                conservation programs described in subparagraph (B), 
                the Secretary of Agriculture may consider whether a 
                project would enhance connectivity through the 
                expansion of a Tribal Wildlife Corridor.
                    (B) Programs described.--The conservation programs 
                referred to in subparagraph (A) are any of the 
                following conservation programs administered by the 
                Secretary of Agriculture:
                            (i) The conservation reserve program 
                        established under subchapter B of chapter 1 of 
                        subtitle D of title XII of the Food Security 
                        Act of 1985 (16 U.S.C. 3831 et seq.).
                            (ii) The environmental quality incentives 
                        program established under subchapter A of 
                        chapter 4 of subtitle D of title XII of the 
                        Food Security Act of 1985 (16 U.S.C. 3839aa et 
                        seq.).
                            (iii) The conservation stewardship program 
                        established under subchapter B of chapter 4 of 
                        subtitle D of title XII of the Food Security 
                        Act of 1985 (16 U.S.C. 3839aa-21 et seq.).
                            (iv) The agricultural conservation easement 
                        program established under subtitle H of title 
                        XII of the Food Security Act of 1985 (16 U.S.C. 
                        3865 et seq.).
            (2) Wildlife movement grant program.--An Indian tribe that 
        has a Tribal Wildlife Corridor established on the Indian land 
        of the Indian tribe shall be eligible for a grant under the 
        wildlife movements grant program under section 301, subject to 
        other applicable requirements of that grant program.
    (e) Savings Clause.--Nothing in this section authorizes or affects 
the use of private property or Indian land.

SEC. 202. PROTECTION OF INDIAN TRIBES.

    (a) Federal Trust Responsibility.--Nothing in this Act amends, 
alters, or waives the Federal trust responsibility to Indian tribes.
    (b) Freedom of Information Act.--
            (1) Exemption.--Information described in paragraph (2) 
        shall not be subject to disclosure under section 552 of title 
        5, United States Code (commonly known as the ``Freedom of 
        Information Act''), if the head of the agency that receives the 
        information, in consultation with the Secretary 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--
                    (A) pursuant to this Act relating to--
                            (i) the location, character, or ownership 
                        of human remains of a person of Indian 
                        ancestry; or
                            (ii) 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; or
                    (B) pursuant to the Native American Graves 
                Protection and Repatriation Act (25 U.S.C. 3001 et 
                seq.).

  TITLE III--WILDLIFE MOVEMENT GRANT PROGRAM ON NON-FEDERAL LAND AND 
                                 WATER

SEC. 301. WILDLIFE MOVEMENT GRANT PROGRAM.

    (a) In General.--The Secretary shall establish a wildlife movement 
grant program (referred to in this section as the ``grant program'') to 
encourage wildlife movement in accordance with this subsection.
    (b) Grants.--Beginning not later than 2 years after the date of 
enactment of this Act, the Secretary, based on recommendations from the 
National Coordination Committee under section 302(e)(2)(C), shall make 
grants to 1 or more projects that--
            (1) are a regional priority project identified by a 
        regional wildlife movement council;
            (2) satisfy the purposes described in section 2(b); and
            (3) increase connectivity for native species.
    (c) Eligible Recipients.--A person that is eligible to receive a 
grant under the grant program is--
            (1) a voluntary private landowner or group of landowners;
            (2) a State fish and wildlife agency or other State agency 
        responsible for managing natural resources and wildlife;
            (3) an Indian tribe;
            (4) a unit of local government;
            (5) an agricultural cooperative;
            (6) water, irrigation, or rural water districts or 
        associations, or other organizations with water delivery 
        authority (including acequias and land grant communities in the 
        State of New Mexico);
            (7) institutions of higher education;
            (8) an entity approved for a grant by a regional wildlife 
        movement council; and
            (9) any group of entities described in paragraphs (1) 
        through (8).
    (d) Requirements.--In administering the grant program, the 
Secretary shall use the criteria, guidelines, contracts, reporting 
requirements, and evaluation metrics developed by the National 
Coordination Committee under subparagraphs (A) and (B) of section 
302(e)(2).

SEC. 302. NATIONAL COORDINATION COMMITTEE.

    (a) Establishment.--Not later than 18 months after the date of 
enactment of this Act, the Secretary shall establish a committee, to be 
known as the ``National Coordination Committee''.
    (b) Administrative Support.--The Secretary shall provide 
administrative support for the National Coordination Committee.
    (c) Membership.--The National Coordination Committee shall be 
composed of--
            (1) the Secretary (or a designee);
            (2) the Secretary of Transportation (or a designee);
            (3) the Secretary of Agriculture (or a designee);
            (4) the Secretary of Commerce (or a designee);
            (5) the Secretary of Defense (or a designee);
            (6) the Director of the Bureau of Indian Affairs (or a 
        designee);
            (7) the Executive Director of the Association of Fish and 
        Wildlife Agencies (or a designee);
            (8) 2 representatives of intertribal organizations, to be 
        appointed by the Secretary;
            (9) the chairperson of each regional wildlife movement 
        council (or a designee); and
            (10) not more than 3 representatives of nongovernmental, 
        science, or academic organizations with expertise in wildlife 
        conservation and habitat connectivity, to be appointed by the 
        Secretary in a manner that ensures that the membership of the 
        National Coordination Committee is fair and balanced.
    (d) Duties.--The National Coordination Committee--
            (1) shall establish standards for regional wildlife 
        movement plans to allow for better cross-regional 
        collaboration; and
            (2) shall, with respect to the wildlife movement grant 
        program under section 301--
                    (A) establish criteria and develop guidelines for 
                the solicitation of applications for grants by regional 
                wildlife movement councils;
                    (B) develop standardized contracts, reporting 
                requirements, and evaluation metrics for grant 
                recipients; and
                    (C) make recommendations annually to the Secretary 
                for the selection of grant recipients on the basis of 
                the ranked lists of regional priority projects received 
                from the regional wildlife movement councils under 
                section 303(c)(4) that are consistent with the purposes 
                described in section 2(b).
    (e) Applicability of FACA.--Except as otherwise provided in this 
section, the Federal Advisory Committee Act (5 U.S.C. App.) shall apply 
to the National Coordination Committee.

SEC. 303. REGIONAL WILDLIFE MOVEMENT COUNCILS.

    (a) Establishment.--Not later than 1 year after the date of 
enactment of this Act, the Secretary shall establish not less than 4 
regional wildlife movement councils with separate geographic 
jurisdictions that encompass the entire United States.
    (b) Membership.--
            (1) In general.--Each regional wildlife movement council 
        shall be composed of--
                    (A) the director of each State fish and wildlife 
                agency within the jurisdiction of the regional wildlife 
                movement council (or a designee);
                    (B) balanced representation from Tribal governments 
                within the jurisdiction of the regional wildlife 
                movement council;
                    (C) to serve as a Federal agency liaison and 
                nonvoting, ex officio member--
                            (i) the Director of the United States Fish 
                        and Wildlife Service (or a designee); or
                            (ii) the director of any applicable 
                        regional office of the United States Fish and 
                        Wildlife Service (or a designee);
                    (D) not more than 3 representatives of 
                nongovernmental, science, or academic organizations 
                with expertise in native species conservation and the 
                habitat connectivity needs of the region covered by the 
                regional wildlife movement council; and
                    (E) not more than 3 voluntary representatives of 
                private landowners with property in the applicable 
                region, not less than 1 of whom shall be a farmer or 
                rancher.
            (2) Requirements.--
                    (A) Membership.--The Secretary shall ensure that 
                the membership of each regional wildlife movement 
                council is fair and balanced in terms of expertise and 
                perspectives represented.
                    (B) Expertise.--Each regional wildlife movement 
                council shall include experts in ecological 
                connectivity, native species ecology, and ecological 
                adaptation.
    (c) Duties.--Each regional wildlife movement council shall--
            (1) not later than 2 years after the date of establishment 
        of the regional wildlife movement council and in accordance 
        with any standards established by the National Coordination 
        Committee, prepare and submit to the Secretary and the National 
        Coordination Committee a regional wildlife movement plan that 
        maintains natural wildlife movement by identifying research 
        priorities and data needs for the Database that is revised, 
        amended, or updated not less frequently than once every 5 
        years;
            (2) provide for public engagement, including engagement of 
        Indian tribes, at appropriate times and in appropriate 
        locations in the region covered by the regional wildlife 
        movement council, to allow all interested persons an 
        opportunity to be heard in the development and implementation 
        of a regional wildlife movement plan under paragraph (1);
            (3) solicit applications for wildlife movement grants under 
        section 301 in accordance with the criteria and guidelines 
        established by the National Coordination Council under section 
        302(e)(2)(A);
            (4) in accordance with the criteria and guidelines 
        established under section 302(e)(2)(A), submit to the National 
        Coordination Committee an annual list of regional priority 
        projects, in ranked order, for wildlife movement grants under 
        section 301 to maintain wildlife movements in the area under 
        the jurisdiction of the regional wildlife movement council; and
            (5) submit to the Secretary and the National Coordination 
        Committee, and make publicly available, an annual report 
        describing the activities of the regional wildlife movement 
        council.
    (d) Coordination.--If applicable, to increase habitat connectivity 
between designated Federal land and water and non-Federal land and 
water, a regional wildlife movement council shall coordinate with--
            (1) Federal agencies;
            (2) Indian tribes;
            (3) regional fishery management councils established under 
        section 302(a) of the Magnuson-Stevens Fishery Conservation and 
        Management Act (16 U.S.C. 1852(a));
            (4) migratory bird joint ventures partnerships recognized 
        by the United States Fish and Wildlife Service with respect to 
        migratory bird species;
            (5) State fish and wildlife agencies;
            (6) regional associations of fish and wildlife agencies;
            (7) nongovernmental organizations;
            (8) applicable voluntary private landowners;
            (9) the National Coordination Committee;
            (10) fish habitat partnerships;
            (11) other regional wildlife movement councils with respect 
        to crossregional projects;
            (12) international wildlife management entities with 
        respect to transboundary species in accordance with trade 
        policies of the United States; and
            (13) Federal and State transportation agencies.
    (e) Applicability of FACA.--Except as otherwise provided in this 
section, the Federal Advisory Committee Act (5 U.S.C. App.) shall apply 
to the regional wildlife movement councils.

             TITLE IV--NATIONAL WILDLIFE CORRIDORS DATABASE

SEC. 401. NATIONAL WILDLIFE CORRIDORS DATABASE.

    (a) In General.--Not later than 18 months after the date of 
enactment of this Act, the Director of the United States Geological 
Survey (referred to in this section as the ``Director''), in 
consultation with the National Coordination Committee and the regional 
wildlife movement councils, shall establish a database, to be known as 
the ``National Wildlife Corridors Database''.
    (b) Contents.--
            (1) In general.--The Database shall--
                    (A) include maps, data, models, surveys, and 
                descriptions of native species habitats, wildlife 
                movements, and corridors that have been developed by 
                Federal agencies that pertain to Federal land and 
                water;
                    (B) include maps, models, analyses, and 
                descriptions of projected shifts in habitats, wildlife 
                movements, and corridors of native species in response 
                to climate change or other environmental factors;
                    (C) reflect the best scientific data and 
                information available; and
                    (D) in accordance with the requirements of the 
                Geospatial Data Act of 2018 (Public Law 115-254), have 
                the data, models, and analyses included in the Database 
                available at scales useful to State, Tribal, local, and 
                Federal agency decisionmakers and the public.
    (c) Requirements.--Subject to subsection (d), the Director, in 
collaboration with the National Coordination Committee, the regional 
wildlife movement councils, and the Administrator of the National 
Oceanic and Atmospheric Administration, shall--
            (1) design the Database to support State, Tribal, local, 
        voluntary private landowner, and Federal agency decisionmakers 
        and the public with data that will allow those entities--
                    (A) to prioritize and target natural resource 
                adaptation strategies and enhance existing State and 
                Tribal corridor protections;
                    (B) to assess the impacts of proposed energy, 
                water, transportation, and transmission projects, and 
                other development activities, and to avoid, minimize, 
                and mitigate the impacts of those projects and 
                activities on National Wildlife Corridors;
                    (C) to assess the impact of new and existing 
                development on native species habitats and National 
                Wildlife Corridors; and
                    (D) to develop strategies that promote habitat 
                connectivity to allow native species to move--
                            (i) to meet biological and ecological 
                        needs;
                            (ii) to adjust to shifts in habitat; and
                            (iii) to adapt to climate change;
            (2) establish a coordination process among Federal agencies 
        to update maps and other information with respect to 
        landscapes, seascapes, native species habitats and ranges, 
        habitat connectivity, National Wildlife Corridors, and wildlife 
        movement changes as information based on new scientific data 
        becomes available; and
            (3) not later than 5 years after the date of enactment of 
        this Act, and not less frequently than once every 5 years 
        thereafter, develop, submit a report to the Secretary and the 
        appropriate committees of Congress, and make publicly available 
        a report, that, with respect to the Database--
                    (A) outlines the categories for data that may be 
                included in the Database;
                    (B) outlines the data protocols and standards for 
                each category of data in the Database;
                    (C) identifies gaps in native species habitat and 
                National Wildlife Corridor information;
                    (D) prioritizes research and future data collection 
                activities for use in updating the Database; and
                    (E) evaluates and quantifies the efficacy of the 
                Database to meet the needs of the entities described in 
                paragraph (1).
    (d) Proprietary Interests and Protected Information.--In developing 
the Database, the Director shall--
            (1) as applicable, protect proprietary interests with 
        respect to any licensed information, licensed data, and other 
        items contained in the Database; and
            (2) protect information in the Database with respect to the 
        habitats and ranges of specific native species to prevent 
        poaching, illegal taking and trapping, and other related 
        threats to native species.

                            TITLE V--FUNDING

SEC. 501. WILDLIFE CORRIDORS STEWARDSHIP FUND.

    (a) Establishment and Contents.--There is established in the 
Treasury a fund, to be known as the ``Wildlife Corridors Stewardship 
Fund'', that consists of donations of amounts accepted under subsection 
(c).
    (b) Use.--The Fund--
            (1) shall be administered by the Secretary and the National 
        Fish and Wildlife Foundation, acting jointly; and
            (2) may be used by the National Fish and Wildlife 
        Foundation to enhance the management and protection of National 
        Wildlife Corridors by providing financial assistance to the 
        Federal Government, Indian tribes, and nongovernmental, 
        science, and academic organizations.
    (c) Donations.--The National Fish and Wildlife Foundation may 
solicit and accept donations of amounts for deposit into the Fund.
    (d) Coordination.--In administering the Fund, the Secretary and the 
National Fish and Wildlife Foundation may coordinate with regional 
wildlife movement councils, regional ocean partnerships, and the 
National Coordination Committee to the maximum extent practicable.
    (e) Disclosure of Use.--Not later than 1 year after the date of 
enactment of this Act, and annually thereafter, the Secretary and the 
National Fish and Wildlife Foundation shall make publicly available a 
description of usage of the Fund during the preceding calendar year.

SEC. 502. WORKING LANDSCAPES.

    The Secretary of Agriculture may--
            (1) direct investments in working landscapes through 
        conservation programs under the jurisdiction of the Secretary 
        of Agriculture, including programs under title XII of the Food 
        Security Act of 1985 (16 U.S.C. 3801 et seq.), to support the 
        purposes described in section 2(b); and
            (2) notwithstanding any other provision of law, give 
        priority under the conservation programs described in paragraph 
        (1) to non-Federal land and water for the purposes described in 
        section 2(b).

SEC. 503. AUTHORIZATION OF APPROPRIATIONS.

    (a) National Wildlife Corridor System.--There are authorized to be 
appropriated to carry out title I for fiscal year 2020 and each fiscal 
year thereafter--
            (1) to the Secretary, $7,500,000;
            (2) to the Secretary of Agriculture, $3,000,000;
            (3) to the Secretary of Defense, $1,500,000;
            (4) to the Secretary of Commerce, $3,000,000; and
            (5) to the Secretary of Transportation, $3,000,000.
    (b) Tribal Wildlife Corridors.--There is authorized to be 
appropriated to carry out title II $5,000,000 for fiscal year 2020 and 
each fiscal year thereafter.
    (c) Wildlife Movement Grant Program and Regional Wildlife Movement 
Councils.--
            (1) Wildlife movement grant program.--
                    (A) In general.--There is authorized to be 
                appropriated to the Secretary to carry out the wildlife 
                movement grant program under section 301 $50,000,000 
                for fiscal year 2022 and each fiscal year thereafter.
                    (B) Requirements.--Amounts appropriated under 
                subparagraph (A) may be used to complement or match 
                other Federal or non-Federal funding received by the 
                projects funded by those grants.
                    (C) Administrative support.--Not more than 5 
                percent of amounts appropriated under subparagraph (A) 
                may be used for administrative support.
            (2) Regional wildlife movement councils.--
                    (A) In general.--There is authorized to be 
                appropriated to the Secretary to provide support for 
                the regional wildlife movement councils to carry out 
                section 303 $1,000,000 for fiscal year 2020 and each 
                fiscal year thereafter.
                    (B) Equal division.--Amounts appropriated under 
                subparagraph (A) shall be proportionally divided 
                between each regional wildlife movement council.
    (d) National Wildlife Corridors Database.--There are authorized to 
be appropriated to the Secretary to carry out section 401--
            (1) $3,000,000 for fiscal year 2020; and
            (2) $1,500,000 for fiscal year 2021 and each fiscal year 
        thereafter.
                                                 Union Calendar No. 456

116th CONGRESS

  2d Session

                               H. R. 2795

                      [Report No. 116-558, Part I]

_______________________________________________________________________

                                 A BILL

To establish National Wildlife Corridors to provide for the protection 
 and restoration of certain native fish, wildlife, and plant species, 
                        and for other purposes.

_______________________________________________________________________

                            October 9, 2020

   Reported from the Committee on Natural Resources with an amendment

                            October 9, 2020

   Committees on Agriculture, Armed Services, and Transportation and 
  Infrastructure discharged; committed to the Committee of the Whole 
       House on the State of the Union and ordered to be printed