[Congressional Record Volume 155, Number 157 (Tuesday, October 27, 2009)]
[Senate]
[Pages S10780-S10785]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

      By Mr. BINGAMAN (for himself, Mr. Baucus, Mr. Whitehouse, and Mr. 
        Udall of New Mexico):
  S. 1933. A bill to establish an integrated Federal program that 
protects, restores, and conserves natural resources by responding to 
the threats and effects of climate change, and for other purposes; to 
the Committee on Environment and Public Works.
  Mr. BINGAMAN. Mr. President, today I am introducing the Natural 
Resources Climate Adaptation Act. I am pleased that Senators 
Whitehouse, Baucus, and Tom Udall have joined me as original 
cosponsors.
  The science is clear that climate change is happening and numerous 
scientific reports as well as the everyday experience of many 
Americans--demonstrate that the impacts have already begun to affect 
ecosystems across the country. This bill recognizes that quick action 
is needed to insure the long-term viability of ecosystems on which our 
communities as well as our fish and wildlife depend. It will support 
and enable Federal and State agencies and other interested parties to 
address the negative impacts of climate change on our natural resources 
in the most effective possible ways.
  We know that healthy, functioning ecosystems are vital to human 
health, economic viability, and fish and wildlife populations. I 
believe that we are at a critical juncture in protecting our valuable 
natural resources. In solving the climate change problem we must ensure 
the well-being of our natural world if we are to have a thriving 
economy and a healthy environment. This is the reason I am introducing 
this bill.
  This is not a problem that is hypothetical. Climate change impacts 
are irrevocably affecting our natural world and the health of our 
communities today, and these impacts will increase. We must act now.
  We often forget that healthy ecosystems are essential to human as 
well as wildlife needs. They are necessary to provide us, for example, 
with a clean and abundant drinking water supply, clean air to breathe, 
and a well-functioning economy in addition to habitat for a diversity 
of fish, wildlife, and plant species. Not to mention a place to take 
our children fishing, and to enjoy the personal inspiration of the 
natural world.
  My home State of New Mexico is a dry State and the challenges 
associated with climate change are already impacting our land and our 
water supplies. There are already many competing demands for our 
limited water resources which will only be heightened by the effects of 
climate change. Existing threats to our public lands such as wildfires 
and deforestation may become more prevalent. New Mexico's Bandelier 
National Park has recently been identified as one of the ``25 National 
Parks in Peril'' due to climate change related impacts and other 
treasures within our State may also be in jeopardy of degradation if 
actions are not taken to protect them.
  Our landowners, ranchers, water managers, and State officials are 
working to evaluate and mitigate the current and expected impacts of a 
warming climate on our State's natural resources and water supply. For 
instance, in 2005 the New Mexico Climate Change Council and Advisory 
Group prepared a report summarizing the potential impacts of climate 
change in New Mexico

[[Page S10781]]

and the State Engineer's office prepared an additional report on the 
impacts of climate change on the water supply and water management 
strategies. These reports are being used to guide State officials in 
addressing these issues. In addition, New Mexico has joined other 
western States to form the Western Regional Climate Initiative to 
coordinate efforts at reducing greenhouse gases.
  The legislation introduced today seeks to complement existing natural 
resources-related programs in New Mexico and other States across the 
country. This legislation supports and facilitates the development and 
dissemination of scientific research on climate change between Federal 
agencies, States, Indian tribes and interested stakeholders. This 
ongoing research will in turn play a significant role in guiding these 
entities in the management of our natural resources.
  This bill also establishes several forums to encourage effective 
coordination and communication in creating a Federal strategy and 
subsequent Federal and State adaptation plans that will help natural 
resources adjust to a changing climate. Finally, the Act provides 
additional funding for existing Federal and State wildlife conservation 
programs to be used exclusively for adaptation-related activities.
  The Natural Resources Climate Adaptation Act follows on the good work 
of several of my colleagues in both the House and the Senate. Chairman 
Rahall and Subcommittee Chairman Grijalva have developed legislation in 
this area, and their own adaptation bill, H.R. 2192, was incorporated 
into the broader cap-and-trade legislation that passed the House of 
Representatives earlier this year.
  Senators Kerry and Boxer have adopted provisions similar to this bill 
in their climate legislation at the request of two leaders on the 
Environment and Public Works Committee: Senators Baucus and Whitehouse. 
The legislation I am introducing today is complementary to the work 
that has already been done. My cosponsors and I share the same goal of 
making sure natural resources adaptation is included in any climate 
change legislation that comes before the Senate.
  Many Americans already recognize the critical need for this 
legislation. A coalition of over 600 diverse groups has written to 
Congress describing the current and potential negative impacts of 
climate change on our natural resources and urging us to include 
language in any climate bill to address those impacts. By way of 
example, the groups in this coalition include environmental 
organizations, local Rod & Gun Clubs, fisheries coalitions, scientific 
research groups, and religious groups.
  If we fail to act to address the impacts of climate change on our 
American landscape, the negative effects will be felt by all of us. I 
am committed to working through this legislation and other means to 
ensure that we do what is necessary to protect our precious natural 
resources from one of the greatest challenges ever faced.
  I would like to thank Senators Baucus, Whitehouse, and Tom Udall for 
their leadership on this issue and their cosponsorship of this bill. I 
look forward to working with them and our colleagues to pass 
legislation to carry out this important purpose.
  Mr. President, I ask unanimous consent that the text of the bill be 
printed in the Record.
  There being no objection, the text of the bill was ordered to be 
printed in the Record, as follows:

                                S. 1933

       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 ``Natural Resources Climate 
     Adaptation Act''.

     SEC. 2. PURPOSES.

       The purposes of this Act are--
       (1) to integrate Federal agency activities to respond to 
     ongoing and expected impacts of climate change (including, if 
     applicable, ocean acidification, drought, invasive species, 
     flooding, and wildfire) by protecting, restoring, and 
     conserving the natural resources and associated ecosystem 
     services of the United States; and
       (2) to provide financial support and incentives for 
     authorized programs, strategies, and activities to protect, 
     restore, and conserve natural resources and associated 
     ecosystem services in response to threats and effects of 
     climate change.

     SEC. 3. DEFINITIONS.

       In this Act:
       (1) Board.--The term ``Board'' means the Natural Resources 
     Adaptation Science Advisory Board established by section 
     4(e)(1).
       (2) Coastal state.--The term ``coastal State'' has the 
     meaning given the term ``coastal state'' in section 304 of 
     the Coastal Zone Management Act of 1972 (16 U.S.C. 1453).
       (3) Corridors.--The term ``corridors'' means areas that--
       (A) provide connectivity, over different time scales, of 
     habitats or potential habitats; and
       (B) facilitate terrestrial, marine, estuarine, and 
     freshwater fish, wildlife, or plant movement necessary for 
     migration, gene flow, or dispersal, to respond to the ongoing 
     and expected impacts of climate change.
       (4) Ecosystem services.--
       (A) In general.--The term ``ecosystem services'' means the 
     provision, by a healthy ecosystem, of natural resources to 
     improve human health and livelihood.
       (B) Inclusions.--The term ``ecosystem services'' includes--
       (i) a clean and abundant water supply;
       (ii) carbon storage;
       (iii) biodiversity;
       (iv) pollination services;
       (v) wildlife habitat;
       (vi) recreation; and
       (vii) a scenic or historic landscape.
       (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.
       (6) Indian tribe.--The term ``Indian tribe'' has the 
     meaning given the term in section 4 of the Indian Self-
     Determination and Education Assistance Act (25 U.S.C. 450b).
       (7) Natural resources.--The term ``natural resources'' 
     means land, wildlife, fish, air, water, estuaries, plants, 
     habitats, and ecosystems.
       (8) Natural resources adaptation.--The term ``natural 
     resources adaptation'' means the protection, restoration, and 
     conservation of natural resources so that natural resources 
     become more resilient, adapt to, and withstand the ongoing 
     and expected impacts of climate change.
       (9) Panel.--The term ``Panel'' means the Natural Resources 
     Climate Change Adaptation Panel established under section 
     5(a).
       (10) Plan.--The term ``plan'' means a natural resources 
     adaptation plan completed under section 7(a)(1).
       (11) Program.--The term ``program'' means the National Fish 
     and Wildlife Habitat and Corridors Information Program 
     established by the Secretary under section 4(d)(1).
       (12) Resilience; resilient.--The terms ``resilience'' and 
     ``resilient'' mean--
       (A) the ability to resist or recover from disturbance; and
       (B) the ability to preserve diversity, productivity, and 
     sustainability.
       (13) Secretary.--The term ``Secretary'' means the Secretary 
     of the Interior.
       (14) 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.
       (15) State plan.--The term ``State plan'' means a State 
     natural resources adaptation plan prepared by a State under 
     section 8(a).
       (16) Strategy.--The term ``Strategy'' means the Natural 
     Resources Climate Change Adaptation Strategy developed under 
     section 6(a).

     SEC. 4. NATURAL RESOURCES ADAPTATION SCIENCE AND INFORMATION.

       (a) Coordination.--Not later than 90 days after the date of 
     enactment of this Act, the Secretary and the Secretary of 
     Commerce (acting through the National Oceanic and Atmospheric 
     Administration) (referred to in this section as the 
     ``Secretaries''), working with all other relevant Federal 
     agencies, shall establish procedures for coordinating among 
     Federal agencies the development and dissemination of science 
     and information necessary to address the ongoing and expected 
     impacts of climate change on natural resources.
       (b) Development and Dissemination of Science.--The 
     Secretaries shall--
       (1) conduct and sponsor research, and facilitate the 
     coordination of research among Federal agencies, to develop 
     scientific strategies and mechanisms for natural resources 
     adaptation;
       (2) make available to Federal agencies, and other 
     interested governmental or private entities, technical 
     assistance to address the ongoing and expected impacts of 
     climate change on natural resources; and
       (3) assist Federal agencies in the development of natural 
     resources adaptation plans required by section 7.
       (c) Survey.--Not later than 1 year after the date of 
     enactment of this Act, and every 5 years thereafter, the 
     Secretaries and the Secretary of Agriculture shall issue a 
     climate change impact survey, in coordination with other 
     relevant Federal agencies, that--
       (1) identifies natural resources considered likely to be 
     adversely affected by climate change;
       (2) includes baseline monitoring and ongoing trend 
     analysis; and
       (3) in consultation with States and Indian tribes and with 
     input from stakeholders,

[[Page S10782]]

     identifies and prioritizes necessary monitoring and research 
     that is most relevant to the needs of Federal natural 
     resource managers to address the ongoing and expected impacts 
     of climate change and natural resources adaptation.
       (d) Wildlife Habitat and Corridors Information.--
       (1) In general.--Not later than 180 days after the date of 
     enactment of this Act, the Secretary, in cooperation with the 
     States, Indian tribes, and other Federal land managers, shall 
     establish a program to be known as the ``National Fish and 
     Wildlife Habitat and Corridors Information Program''.
       (2) Purposes.--The purposes of the program are--
       (A) to develop with States and Indian tribes a 
     comprehensive national geographic information system database 
     of maps, models, data, surveys, informational products, and 
     other geospatial information regarding fish and wildlife 
     habitat and corridors that--
       (i) is based on consistent protocols;
       (ii) takes into account regional differences; and
       (iii) uses available geographical information system 
     databases and other tools, including the National Biological 
     Information Infrastructure maintained by the Secretary and 
     nongovernmental organizations; and
       (B) to facilitate the use of the database described in 
     subparagraph (A) by Federal, State, local, and tribal 
     decisionmakers to incorporate qualitative information on fish 
     and wildlife habitats and corridors at the earliest 
     practicable stage for use in--
       (i) prioritizing and targeting natural resources adaptation 
     strategies and activities, including strategies and 
     activities that enhance the ability of species to respond to 
     shifting habitat; and
       (ii) avoiding, minimizing, and mitigating the impacts on 
     fish and wildlife habitat and corridors when locating energy 
     development, water, transmission, transportation, and other 
     land use projects;
       (3) Financial and other support.--The Secretary may provide 
     support to the States and Indian tribes, including financial 
     and technical assistance, for activities that support the 
     development and implementation of the program.
       (4) Consultation.--In consultation with States and Indian 
     tribes, the Secretary shall make recommendations on the 
     manner by which the information collected and managed under 
     the program may be incorporated into relevant Federal and 
     State plans that affect fish and wildlife, including--
       (A) land management plans;
       (B) State comprehensive wildlife conservation strategies; 
     and
       (C) applicable conservation plans of Indian tribes.
       (e) Natural Resources Adaptation Science Advisory Board.--
       (1) Establishment.--The Secretaries and the Secretary of 
     Agriculture shall--
       (A) not later than 180 days after the date of enactment of 
     this Act, establish and appoint the members of a Natural 
     Resources Adaptation Science Advisory Board; and
       (B) on an ongoing basis, coordinate the activities of the 
     Board.
       (2) Membership.--The Board shall be composed of not fewer 
     than 10 and not more than 20 members--
       (A) who have expertise in fish, wildlife, plant, aquatic, 
     coastal and marine biology, ecology, hydrology, climate 
     change effects, or other relevant scientific disciplines;
       (B) who represent a balanced membership among Federal, 
     State, tribal, and local representatives, and diverse 
     interests, including institutions of higher education and 
     relevant nongovernmental organizations and conservation 
     organizations; and
       (C) at least \1/2\ of whom are recommended by the President 
     of the National Academy of Sciences.
       (3) Duties.--The Board shall--
       (A) advise all relevant Federal agencies on the state of 
     the science regarding--
       (i) the ongoing and expected impacts of climate change; and
       (ii) scientific strategies and mechanisms for natural 
     resources adaptation; and
       (B) identify and recommend priorities for ongoing research 
     needs on the issues described in subparagraph (A).
       (4) Availability to the public.--The advice and 
     recommendations of the Board shall be made available to the 
     public.
       (f) National Climate Change and Wildlife Science Center.--
       (1) Establishment.--The Secretary shall establish the 
     National Climate Change and Wildlife Center within the United 
     States Geological Survey.
       (2) Functions.--In collaboration with Federal and State 
     natural resources agencies and departments, Indian tribes, 
     institutions of higher education, and other partner 
     organizations, the Center shall--
       (A) assess and synthesize current physical and biological 
     knowledge relating to the impacts of climate change on fish, 
     wildlife, plants, and associated habitat;
       (B) prioritize scientific gaps in the knowledge in order to 
     forecast the ecological impacts of climate change on fish, 
     wildlife, and plants at the ecosystem, habitat, community, 
     population, and species levels;
       (C) develop and improve tools to forecast, adaptively 
     manage, and monitor the impacts of climate change on fish, 
     wildlife, plants, and associated habitats, including 
     predictive models, and risk assessments; and
       (D) develop capacities for synthesizing data and for 
     sharing standardized data and methodology.

     SEC. 5. NATURAL RESOURCES CLIMATE CHANGE ADAPTATION PANEL.

       (a) Establishment.--Not later than 90 days after the date 
     of the enactment of this Act, the President shall establish a 
     Natural Resources Climate Change Adaptation Panel.
       (b) Duties.--The Panel shall--
       (1) develop the Strategy; and
       (2) serve as a forum for interagency consultation on the 
     implementation of the Strategy.
       (c) Membership.--The Panel shall be composed of--
       (1) the Administrator of the National Oceanic and 
     Atmospheric Administration;
       (2) the Chief of the Forest Service;
       (3) the Director of the National Park Service;
       (4) the Director of the United States Fish and Wildlife 
     Service;
       (5) the Director of the Bureau of Land Management;
       (6) the Director of the United States Geological Survey;
       (7) the Commissioner of Reclamation;
       (8) the Director of the Bureau of Indian Affairs;
       (9) the Director of the Minerals Management Service;
       (10) the Administrator of the Environmental Protection 
     Agency;
       (11) the Administrator of the Federal Emergency Management 
     Agency;
       (12) the Chief of Engineers; and
       (13) the heads of other Federal agencies, as determined by 
     the President.
       (d) Chairperson.--The Chair of the Council on Environmental 
     Quality shall serve as the Chairperson of the Panel.

     SEC. 6. NATURAL RESOURCES CLIMATE CHANGE ADAPTATION STRATEGY.

       (a) In General.--Not later than 1 year after the date of 
     the enactment of this Act, the Panel shall develop a Natural 
     Resources Climate Change Adaptation Strategy.
       (b) Development.--In developing and revising the Strategy, 
     the Panel shall--
       (1) base the strategy on the best available science;
       (2) develop the strategy in close cooperation with States 
     and Indian tribes;
       (3) coordinate with other Federal agencies, as appropriate;
       (4) consult with local governments, conservation 
     organizations, scientists, private sector interests, and 
     other interested stakeholders; and
       (5) provide public notice and opportunity for comment.
       (c) Contents.--The Strategy shall--
       (1) assess the vulnerability of regions and types of 
     natural resources to climate change, including short-term, 
     medium-term, long-term, and cumulative impacts;
       (2) describe current research and monitoring activities at 
     the Federal, State, tribal, and local level related to--
       (A) the ongoing and expected impacts of climate change on 
     natural resources; and
       (B) scientific strategies and mechanisms for natural 
     resources adaptation;
       (3) identify and prioritize research and data needs; and
       (4) provide direction to Federal agencies, and make 
     guidance available to States, Indian tribes, local 
     governments, and other interested parties for use in 
     responding to the impacts of climate change, including--
       (A) actions that Federal agencies should implement through 
     their natural resources adaptation plans and recommendations 
     for actions that States, Indian tribes, local governments, 
     and other interested parties may implement to promote natural 
     resources adaptation; and
       (B) a timeline for implementation of the Strategy; and
       (5) describe specific mechanisms for ensuring communication 
     and coordination--
       (A) among Federal agencies; and
       (B) between Federal agencies and State natural resource 
     agencies, Indian tribes, interested private landowners, 
     conservation organizations, and other countries that share 
     jurisdiction over natural resources with the United States.
       (d) Revision.--After the Panel adopts the initial Strategy, 
     the Panel shall review and revise the Strategy every 5 years 
     to incorporate--
       (1) new information regarding the ongoing and expected 
     impacts of climate change on natural resources; and
       (2) new advances in the development of strategies and 
     mechanisms for natural resources adaptation.

     SEC. 7. FEDERAL AGENCY NATURAL RESOURCES ADAPTATION PLANS.

       (a) Development.--Not later than 1 year after the date of 
     development of the Strategy, each Federal agency with 
     representation on the Panel shall--
       (1) complete a natural resources adaptation plan for that 
     Federal agency;
       (2) provide opportunities for public review and comment on 
     the plan;
       (3) coordinate with the plan of each other Federal agency 
     with representation on the Panel; and
       (4) submit the plan to the President for review and 
     submission to Congress.
       (b) Requirements.--Each plan shall--
       (1) implement the Strategy;
       (2) include a timeline for implementation of the plan;
       (3) describe and prioritize proposed natural resources 
     adaptation actions for natural resources managed or impacted 
     by activities authorized by the Federal agency;
       (4) describe how the Federal agency will modify or 
     establish other plans, programs,

[[Page S10783]]

     activities, or actions in accordance with applicable 
     authority, if necessary, to implement the plan;
       (5) provide for the inclusion of climate change and impact 
     data in natural resources management decisions;
       (6) establish monitoring protocols--
       (A) to assess the effectiveness of the natural resources 
     adaptation actions taken by the Federal agency pursuant to 
     the plan; and
       (B) to update those actions to respond to monitoring 
     results, other new information, and changing conditions;
       (7) establish a process for providing written guidance to 
     Federal natural resource managers for implementing the 
     natural resources adaptation actions identified in the plan;
       (8) identify and assess gaps in data and information useful 
     in developing the plan; and
       (9) establish protocols to collect, integrate, and share 
     standardized climate change and impact data with Federal, 
     State, tribal, and nongovernmental organizations, private 
     landowner partners, and the general public.
       (c) Presidential Review and Submission to Congress.--
       (1) Review.--Not later than 30 days after the date of 
     submission of a plan to the President, the President shall--
       (A) review the plan for consistency with the requirements 
     of this Act; and
       (B) if consistent, submit the plan to Congress in 
     accordance with this subsection, together with a statement 
     confirming the consistency of the plan with this Act.
       (2) Inconsistency.--If the President finds a plan of a 
     Federal agency to be inconsistent with this Act, the 
     President shall direct the agency to submit a revised plan 
     not later than 60 days after the finding.
       (3) Submission to congress.--The President shall submit 
     plans determined to be consistent with this Act to--
       (A) the Committee on Natural Resources of the House of 
     Representatives;
       (B) the Committee on Energy and Natural Resources of the 
     Senate;
       (C) the Committee on Environment and Public Works of the 
     Senate; and
       (D) any other committees of the House of Representatives or 
     the Senate with principal jurisdiction over the Federal 
     agency.
       (d) Implementation.--On submission by the President to 
     Congress, each Federal agency shall, pursuant to and 
     consistent with applicable authority, implement the plan.
       (e) Revision and Review.--Not less than every 5 years, each 
     Federal agency with representation on the Panel shall review 
     and revise the plan of the Federal agency to incorporate the 
     best available science regarding--
       (1) the ongoing and expected impacts of climate change on 
     natural resources; and
       (2) the scientific strategies and mechanisms for natural 
     resources adaptation.

     SEC. 8. STATE NATURAL RESOURCES ADAPTATION PLANS.

       (a) Requirement.--In order to be eligible for funds under 
     section 9, not later than 1 year after the development of the 
     Strategy, each State shall prepare a State natural resources 
     adaptation plan to address the ongoing and expected impacts 
     of climate change on natural resources within the State.
       (b) Contents.--A State plan shall--
       (1) include actions for addressing the ongoing and expected 
     impacts of climate change on natural resources that--
       (A) describe and prioritize proposed natural resources 
     adaptation actions for natural resources managed or impacted 
     by activities authorized by the State;
       (B) include a time frame for implementing the natural 
     resources adaptation actions;
       (C) are incorporated into a revision of the State wildlife 
     action plan (also known as the State comprehensive wildlife 
     strategy) that has been--
       (i) submitted to the United States Fish and Wildlife 
     Service; and
       (ii) approved, or is pending approval, by the United States 
     Fish and Wildlife Service; and
       (D) are developed--
       (i) with the participation of the relevant State agencies 
     considered appropriate by the Governor of the State; and
       (ii) in coordination with other States and Indian tribes 
     that share jurisdiction or cooperative management 
     responsibilities over natural resources with the State; and
       (2) identify and assess gaps in data useful in developing 
     the State plan.
       (c) Review and Approval.--
       (1) In general.--The Secretary and, in the case of parts of 
     the State plan relating to a coastal State, the Secretary of 
     Commerce shall review each State plan, and approve the State 
     plan if the State plan--
       (A) meets the requirements of subsection (b); and
       (B) is consistent with the other requirements of this Act.
       (2) Deadline.--The Secretary and, as applicable, the 
     Secretary of Commerce shall approve or disapprove the State 
     plan by written notice not later than 180 days after the date 
     of submission of the State plan (or a revised State plan).
       (3) Resubmission.--Not later than 90 days after the date of 
     resubmission of a State plan that has been disapproved under 
     this subsection, the Secretary and, as applicable, the 
     Secretary of Commerce, shall approve or disapprove the 
     resubmitted State plan by written notice.
       (d) Public Input.--In developing the State plan, a State 
     shall solicit and consider the input of local governments, 
     the public, and independent scientific input.
       (e) Coordination With Other Plans.--The State plan shall, 
     if appropriate, integrate the goals and measures set forth in 
     other natural resources conservation strategies established 
     pursuant to applicable law (including regulations), 
     including--
       (1) the National Fish Habitat Action Plan;
       (2) plans under the North American Wetlands Conservation 
     Act (16 U.S.C. 4401 et seq.);
       (3) the Federal, State, and local partnership known as 
     ``Partners in Flight'';
       (4) federally approved coastal zone management plans under 
     the Coastal Zone Management Act of 1972 (16 U.S.C. 1451 et 
     seq.);
       (5) federally approved regional fishery management plants 
     and habitat conservation activities under the Magnuson-
     Stevens Fishery Conservation and Management Act (16 U.S.C. 
     1801 et seq.);
       (6) the National Coral Reef Action Plan;
       (7) recovery plans for threatened species and endangered 
     species under section 4(f) of the Endangered Species Act of 
     1973 (16 U.S.C. 1533(f));
       (8) habitat conservation plans under section 10 of that Act 
     (16 U.S.C. 1539);
       (9) the plans for imperiled species of other Federal 
     agencies, States, and Indian tribes;
       (10) plans under subtitle F of title IX of the Omnibus 
     Public Land Management Act of 2009 (42 U.S.C. 10361 et seq.) 
     and other applicable law;
       (11) the hazard mitigation plans of States and Indian 
     tribes;
       (12) the water management plans of States and Indian 
     tribes;
       (13) State property insurance programs; and
       (14) other State-based strategies that implement natural 
     resources adaptation activities to remediate the ongoing and 
     expected effects of climate change.
       (f) Updating.--Each State plan shall be updated at least 
     every 5 years.
       (g) Funding.--
       (1) In general.--Funds allocated to States under section 9 
     shall be used only for activities consistent with a State 
     plan approved by the Secretary and, as appropriate, the 
     Secretary of Commerce.
       (2) Funding prior to the approval of a state plan.--Until 
     the earlier of the date that is 3 years after the date of the 
     enactment of this Act or the date on which a State plan is 
     approved, a State shall be eligible to receive funding under 
     section 9 for natural resources adaptation activities that 
     are--
       (A) consistent with the comprehensive wildlife strategy of 
     the State and, where appropriate, other natural resources 
     conservation strategies; and
       (B) in accordance with a work plan made available to 
     relevant Federal agencies.
       (3) Pending approval.--During the period for which approval 
     of a State plan by the applicable Secretary is pending, the 
     State may continue to receive funds under this Act pursuant 
     to the work plan described in paragraph (2)(B).

     SEC. 9. NATURAL RESOURCES CLIMATE CHANGE ADAPTATION FUND.

       (a) Establishment of Fund.--There is established in the 
     Treasury a separate account, to be known as the ``Natural 
     Resources Climate Change Adaptation Fund'' (referred to in 
     this section as the ``Fund'').
       (b) Availability of Amounts.--
       (1) In general.--All amounts deposited into the Fund shall 
     be available without further appropriation or fiscal year 
     limitation.
       (2) Payments.--Subject to the requirements of programs 
     authorized as of the date of enactment of this Act, the 
     Secretary and the Secretary of Agriculture may distribute 
     payments from the Fund in accordance with subsection (c).
       (c) Distribution of Amounts.--
       (1) States.--Of the amounts made available for each fiscal 
     year to carry out this Act, 38.5 percent shall be provided to 
     the Secretary for distribution to States to carry out natural 
     resources adaptation activities in accordance with natural 
     resources adaptation plans approved under section 8, and 
     shall be distributed as follows:
       (A) 32.5 percent shall be available to State wildlife 
     agencies in accordance with the apportionment formula 
     established under the second subsection (c) (relating to the 
     apportionment of the Wildlife Conservation and Restoration 
     Account) of section 4 of the Pittman-Robertson Wildlife 
     Restoration Act (16 U.S.C. 669c); and
       (B) 6 percent shall be available to State coastal agencies 
     pursuant to the formula established by the Secretary of 
     Commerce under section 306(c) of the Coastal Management Act 
     of 1972 (16 U.S.C. 1455(c)).
       (2) Natural resources adaptation.--Of the amounts made 
     available for each fiscal year to carry out this Act--
       (A) 17 percent shall be allocated to the Secretary for use 
     in funding--
       (i) natural resources adaptation activities carried out--

       (I) under endangered species, migratory species, and other 
     fish and wildlife programs administered by the National Park 
     Service, the United States Fish and Wildlife Service, the 
     Bureau of Indian Affairs, and the Bureau of Land Management;
       (II) on wildlife refuges, National Park Service land, and 
     other public land under the jurisdiction of the United States 
     Fish and Wildlife Service, the Bureau of Land Management, the 
     Bureau of Indian Affairs, or the National Park Service;
       (III) by the Bureau of Reclamation;

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       (IV) by the United States Geological Survey; and
       (V) in Indian Country or on Native village or Regional 
     Corporation land in Alaska; and

       (ii) the implementation of the program;
       (B) 5 percent shall be allocated to the Secretary for 
     natural resources adaptation activities carried out through 
     cooperative grant programs, such as--
       (i) the cooperative endangered species conservation fund 
     authorized under section 6 of the Endangered Species Act of 
     1973 (16 U.S.C. 1535);
       (ii) programs under the North American Wetlands 
     Conservation Act (16 U.S.C. 4401 et seq.);
       (iii) the Neotropical Migratory Bird Conservation Fund 
     established by section 9(a) of the Neotropical Migratory Bird 
     Conservation Act (16 U.S.C. 6108(a));
       (iv) the Coastal Program of the United States Fish and 
     Wildlife Service;
       (v) the National Fish Habitat Action Plan dated April 24, 
     2006 (including any revisions or amendments made to the 
     National Fish Habitat Action Plan after April 24, 2006);
       (vi) the Partners for Fish and Wildlife Program, as carried 
     out by the Secretary under section 4 of the Partners for Fish 
     and Wildlife Act (16 U.S.C. 3773);
       (vii) the Landowner Incentive Program, as established by 
     the Secretary in the matter under the heading ``landowner 
     incentive program'' under the heading ``United States Fish 
     and Wildlife Service'' of title I of the Department of the 
     Interior, Environment, and Related Agencies Appropriations 
     Act, 2006 (Public Law 109-54; 119 Stat. 504);
       (viii) the Wildlife Without Borders Program of the United 
     States Fish and Wildlife Service;
       (ix) the Migratory Species Program and Park Flight 
     Migratory Bird Program of the National Park Service;
       (x) the Water for America or other programs carried out by 
     the Bureau of Reclamation; and
       (xi) programs under--

       (I) subtitle A of title VI of the Omnibus Public Land 
     Management Act of 2009 (16 U.S.C. 1015 et seq.);
       (II) subtitle F of title IX of the Omnibus Public Land 
     Management Act of 2009 (42 U.S.C. 10361 et seq.); and
       (III) other applicable law;

       (C) 3 percent shall be allocated to the Secretary to 
     provide financial assistance to Indian tribes to carry out 
     natural resources adaptation activities through the Tribal 
     Wildlife Grants Program of the United States Fish and 
     Wildlife Service or other programs; and
       (D) 12 percent shall be allocated for acquisition of land 
     or interests in land to carry out natural resources 
     adaptation activities as follows:
       (i) \1/6\ shall be allocated to the Secretary of 
     Agriculture to provide financial assistance to States and 
     Indian tribes to carry out natural resources adaptation 
     activities through the acquisition of land and interests in 
     land under section 7 of the Cooperative Forestry Assistance 
     Act of 1978 (16 U.S.C. 2103c).
       (ii)(I) The remainder \5/6\ shall be deposited in the Land 
     and Water Conservation Fund established under section 2 of 
     the Land and Water Conservation Fund Act of 1965 (16 U.S.C. 
     460l-5) to be further allocated as follows:

       (aa) \1/6\ of the funds provided by this subparagraph shall 
     be allocated to the Secretary to carry out natural resources 
     adaptation activities through the acquisition of land and 
     interests in land under section 6 of the Land and Water 
     Conservation Fund Act of 1965 (16 U.S.C. 460l-8), to be made 
     available on a competitive basis to States, in accordance 
     with the natural resources adaptation plans of States, and to 
     Indian tribes, and in accordance with subclause (IV).
       (bb) \1/3\ of the funds provided by this subparagraph shall 
     be allocated to the Secretary to carry out natural resources 
     adaptation activities through the acquisition of lands and 
     interests in land under section 7 of the Land and Water 
     Conservation Fund Act of 1965 (16 U.S.C. 4601-9).
       (cc) \1/3\ of the funds provided by this subparagraph shall 
     be allocated to the Secretary of Agriculture to carry out 
     natural resources adaptation activities through the 
     acquisition of land and interests in land under section 7 of 
     the Land and Water Conservation Fund Act of 1965 (16 U.S.C. 
     460l-9).

       (II) Deposits in the Land and Water Conservation Fund under 
     this clause shall--

       (aa) be supplemental to funds provided under section 3 of 
     the Land and Water Conservation Fund Act of 1965 (16 U.S.C. 
     460l-6), which shall remain available for nonadaptation 
     needs; and
       (bb) be available to carry out this Act without further 
     appropriation or fiscal year limitation.

       (III) Amounts under subclause (I)(aa) shall be made 
     available--

       (aa) notwithstanding section 5 of the Land and Water 
     Conservation Fund Act of 1965 (16 U.S.C. 460l-7); and
       (bb) in addition to any funds provided pursuant to 
     appropriations, the Energy Policy Act of 2005 (42 U.S.C. 
     15801 et seq.), or any other authorization.

       (iii) In allocating funds under this subparagraph, the 
     Secretary and the Secretary of Agriculture shall take into 
     consideration factors including--

       (I) the availability of non-Federal contributions from 
     State, local, or private sources;
       (II) opportunities to protect fish and wildlife corridors 
     or otherwise to link or consolidate fragmented habitats;
       (III) opportunities to reduce the risk of severe wildfires, 
     drought, extreme flooding, or other climate-related events 
     that are harmful to fish and wildlife and people; and
       (IV) the potential for conservation of species or habitat 
     types at serious risk due to climate change.

       (3) National forest and grassland adaptation.--Of the 
     amounts made available for each fiscal year to carry out this 
     Act, 5 percent shall be allocated to the Forest Service, 
     through the Secretary of Agriculture--
       (A) to fund natural resources adaptation activities 
     (including water-related adaptation activities) carried out 
     in national forests and national grasslands under the 
     jurisdiction of the Forest Service; and
       (B) to carry out natural resources adaptation activities on 
     State, tribal, and private forest land carried out under the 
     Cooperative Forestry Assistance Act of 1978 (16 U.S.C. 2101 
     et seq.) and other authorized cooperative grant programs.
       (4) Coastal, estuarine, and marine system adaptation.--Of 
     the amounts made available for each fiscal year to carry out 
     this Act, 7 percent shall be allocated to the Secretary of 
     Commerce, working in cooperation with other Federal agencies, 
     States, Indian tribes, local governments, scientists, and 
     other conservation partners, to fund coastal, estuarine, and 
     marine natural resources adaptation activities, through 
     programs such as--
       (A) the coastal and estuarine land conservation program 
     administered by the National Oceanic and Atmospheric 
     Administration;
       (B) the community-based restoration program for fishery and 
     coastal habitats established under section 117 of the 
     Magnuson-Stevens Fishery Conservation and Management 
     Reauthorization Act of 2006 (16 U.S.C. 1891a);
       (C) the Coastal Zone Management Act of 1972 (16 U.S.C. 1451 
     et seq.) that are specifically designed to strengthen the 
     ability of coastal, estuarine, and marine resources, 
     habitats, and ecosystems to adapt to and withstand the 
     ongoing and expected impacts of climate change;
       (D) the Open Rivers Initiative;
       (E) the Magnuson-Stevens Fishery Conservation and 
     Management Act (16 U.S.C. 1801 et seq.);
       (F) the Marine Mammal Protection Act of 1972 (16 U.S.C. 
     1361 et seq.);
       (G) the Endangered Species Act of 1973 (16 U.S.C. 1531 et 
     seq.);
       (H) the Marine Protection, Research, and Sanctuaries Act of 
     1972 (33 U.S.C. 1401 et seq.);
       (I) the Coral Reef Conservation Act of 2000 (16 U.S.C. 6401 
     et seq.); and
       (J) the Estuary Restoration Act of 2000 (33 U.S.C. 2901 et 
     seq.).
       (5) Estuarine and freshwater ecosystem adaptation.--Of the 
     amounts made available for each fiscal year to carry out this 
     Act, 7.5 percent shall be allocated to the Administrator of 
     the Environmental Protection Agency and 5 percent shall be 
     available to the Secretary of the Army for use by the Corps 
     of Engineers, working in cooperation with other applicable 
     Federal agencies, for natural resources adaptation activities 
     for--
       (A) large-scale freshwater aquatic ecosystems, such as the 
     Everglades, the Great Lakes, Flathead Lake, the Missouri 
     River, the Mississippi River, the Colorado River, the 
     Sacramento-San Joaquin Rivers, the Ohio River, the Columbia-
     Snake River System, the Apalachicola, Chattahoochee, and 
     Flint River System, the Connecticut River, Middle Rio Grande 
     River, and the Yellowstone River;
       (B) large-scale estuarine ecosystems, such as Chesapeake 
     Bay, Long Island Sound, Puget Sound, the Mississippi River 
     Delta, the San Francisco Bay Delta, Narragansett Bay, and 
     Albemarle-Pamlico Sound;
       (C) freshwater and estuarine ecosystems, watersheds, and 
     basins identified and prioritized by the Administrator of the 
     Environmental Protection Agency or the Corps of Engineers, 
     working in cooperation with other Federal agencies, States, 
     tribal governments, local governments, scientists, and other 
     conservation partners;
       (D) estuary habitat restoration projects authorized by the 
     Estuary Restoration Act of 2000 (33 U.S.C. 2901 et seq.);
       (E) aquatic restoration and protection projects authorized 
     by section 206 of the Water Resources Development Act of 1996 
     (33 U.S.C. 2330); and
       (F) other appropriate programs and activities.
       (d) Use of Funds by Federal Agencies.--Funds allocated to 
     Federal agencies under this section shall only be used for 
     natural resources adaptation activities consistent with a 
     natural resources adaptation plan approved under section 7.
       (e) State Cost Sharing.--Notwithstanding any other 
     provision of law, a State that receives a grant under this 
     section shall use funds from non-Federal sources to pay not 
     less than 10 percent of the costs of each activity carried 
     out under the grant.

     SEC. 10. ADDITIONAL PROVISIONS REGARDING INDIAN TRIBES.

       (a) Federal Trust Responsibility.--Nothing in this Act 
     alters the Federal trust responsibility to any Indian tribe, 
     or any treaty or other right of any Indian tribe.

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       (b) Application of Other Law.--The Secretary may apply the 
     provisions of the Indian Self-Determination and Education 
     Assistance Act (25 U.S.C. 450 et seq.) in the implementation 
     of this Act.
                                 ______