[House Report 117-571]
[From the U.S. Government Publishing Office]


117th Congress   }                                     {       Report
                        HOUSE OF REPRESENTATIVES
 2d Session      }                                     {      117-571

======================================================================



 
           SAFEGUARDING AMERICA'S FUTURE AND ENVIRONMENT ACT

                                _______
                                

 November 16, 2022.--Committed to the Committee of the Whole House on 
            the State of the Union and ordered to be printed

                                _______
                                

 Mr. Grijalva, from the Committee on Natural Resources, submitted the 
                               following

                              R E P O R T

                             together with

                            DISSENTING VIEWS

                        [To accompany H.R. 2872]

      [Including cost estimate of the Congressional Budget Office]

    The Committee on Natural Resources, to whom was referred 
the bill (H.R. 2872) to establish an integrated national 
approach to respond to ongoing and expected effects of extreme 
weather and climate change by protecting, managing, and 
conserving the fish, wildlife, and plants of the United States, 
and to maximize Government efficiency and reduce costs, in 
cooperation with State, local, and Tribal Governments and other 
entities, and for other purposes, having considered the same, 
reports favorably thereon without amendment and recommends that 
the bill do pass.

                          Purpose of the Bill

    The purpose of H.R. 2872 is to establish an integrated 
national approach to respond to ongoing and expected effects of 
extreme weather and climate change by protecting, managing, and 
conserving the fish, wildlife, and plants of the United States, 
and to maximize government efficiency and reduce costs, in 
cooperation with state, local, and tribal governments and other 
entities.

                  Background and Need for Legislation

    In the face of climate change, wildlife and plants face 
increasing threats, causing shifts in population distributions 
and phenology shifts in natural life history cycles, such as 
blooming, breeding, seasonal migrations, habitat loss, 
fragmentation, and degradation.\1\ The Intergovernmental 
Science-Policy Platform on Biodiversity and Ecosystem Services 
(IPBES) Global Assessment estimates that the current global 
species extinction rate is tens to hundreds of times higher 
than it has averaged over the past ten million years.\2\ 
Strengthening the resiliency of fish, wildlife, and plant 
populations to climate change is critical to ensure that 
present and future generations can benefit from the numerous 
services they provide.
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    \1\See, e.g., Douglas Lipton, Madeleine A. Rubenstein, Sarah R. 
Weiskopf et al., Ecosystems, Ecosystem Services, and Biodiversity, in 
U.S. Glob. Change Rsch. Program, Impacts, Risks, and Adaptation in the 
United States: Fourth National Climate Assessment, Vol. II ch. 7 
(2018), available at https://nca2018.globalchange.gov/chapter/7/ 
(doi:10.7930/NCA4.2018.CH7); Brett R. Scheffers et al., The Broad 
Footprint of Climate Change from Genes to Biomes to People, 354(6313) 
Science (2016), available at https://doi.org/10.1126/science.aaf7671.
    \2\IPBES, Summary for Policymakers of the Global Assessment Report 
on Biodiversity and Ecosystem Services of the Intergovernmental 
Science-Policy Platform on Biodiversity and Ecosystem Services 12, 24-
25 (Sandra Diaz et al. eds., 2019), available at https://doi.org/
10.5281/zenodo.3553579.
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    H.R. 2872 would create the National Fish, Wildlife, and 
Plants Climate Adaptation Strategy Joint Implementation Working 
Group (hereinafter referred to as the ``Working Group'') to 
develop and implement an Adaptation Strategy. The Working Group 
will include heads of federal and state agencies or departments 
with jurisdiction over fish, wildlife, plant resources, and 
tribal representatives. In addition, the bill would direct the 
Working Group to adopt a National Fish, Wildlife, and Plants 
Climate Adaption Strategy and revise it no later than one year 
after each release of the National Climate Assessment\3\ 
mandated by the Global Change Research Act of 1990.\4\
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    \3\U.S. Glob. Change Rsch. Program, Impacts, Risks, and Adaptation 
in the United States: Fourth National Climate Assessment (2018), 
available at https://www.globalchange.gov/nca4.
    \4\Pub. L. No. 101-606, Sec.  06, 104 Stat. 3096, 3101, http://
uscode.house.gov/statviewer.htm?volume=104&page=3101 (codified as 15 
U.S.C. Sec.  2936).
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    The bill requires that the National Strategy:
         Assess the vulnerability of fish, wildlife, 
        and plants to climate change, including short-term, 
        medium-term, long-term, and cumulative impacts, as well 
        as activities that agencies, states, and tribal 
        governments are implementing to protect identified 
        species at risk.
         Identify fish, wildlife, and plant adaptation 
        most at risk and outline protocols for integrating 
        adaptation strategies into federal conservation and 
        management of natural resources.
         Identify federal policies that may reduce the 
        resilience of fish, wildlife, and plants to climate 
        change and identify opportunities to maintain, restore, 
        or enhance resiliency.
         Identify specific actions federal agencies can 
        take to protect, conserve, and manage fish, wildlife, 
        and plants from the impacts of climate change.
    The bill would establish a National Climate Change and 
Wildlife Science Center to develop scientific information 
addressing the effects of extreme weather and climate change on 
fish, wildlife, and plants. Additionally, the bill directs the 
Secretary of the Interior to establish an Advisory Committee on 
Climate Change and Natural Resource Sciences comprised of 25 
members from federal agencies, state, local, and tribal 
governments, NGOs, the private sector, and academic 
institutions. The advisory committee would advise the Working 
Group.
    The bill would require the Working Group to complete a 
strategy implementation plan one year after enactment of the 
bill and on the anniversary of each revision of the National 
Strategy. Each federal agency would implement the strategy 
implementation plan through existing plans, policies, programs, 
activities, and actions.
    Finally, the SAFE Act would require that each state develop 
and submit a fish, wildlife, and plant adaptation plan to the 
Secretary of the Interior and the Secretary of Commerce 
detailing current and future efforts to address the ongoing 
effects of climate change. State adaptation plans shall meet 
the exact requirements as the National Strategy implementation 
plan, including any previous state wildlife action plans, and 
be updated every four years. States with adaptation plans may 
be eligible for grant funding through existing grant programs.

                            Committee Action

    H.R. 2872 was introduced on April 28, 2021, by 
Representative Matt Cartwright (D-PA). The bill was referred 
solely to the Committee on Natural Resources, and within the 
Committee to the Subcommittee on Water, Oceans, and Wildlife; 
the Subcommittee on National Parks, Forests, and Public Lands; 
the Subcommittee for Indigenous Peoples of the United States; 
and the Subcommittee on Energy and Mineral Resources. On July 
29, 2021, the Subcommittee on Water, Oceans, and Wildlife held 
a hearing on the bill. On January 19, 2022, the Natural 
Resources Committee met to consider the bill. The Subcommittees 
were discharged by unanimous consent. Rep. Blake Moore (R-UT) 
offered an amendment designated Moore #1. The amendment was not 
agreed to by a roll call vote of 17 yeas and 24 nays, as 
follows:

[GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT]

    Rep. Garret Graves (R-LA) offered an amendment designated 
Graves #2. The amendment was not agreed to by voice vote. Rep. 
Graves offered an amendment designated Graves #3. The amendment 
was not agreed to by voice vote. No further amendments were 
offered, and the bill was adopted and ordered favorably 
reported to the House of Representatives by a roll call vote of 
23 yeas and 18 nays, as follows:

[GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT]

                                Hearings

    For the purposes of clause 3(c)(6) of House rule XIII, the 
following hearing was used to develop or consider this measure: 
hearing by the Subcommittee on Water, Oceans, and Wildlife held 
on July 29, 2021.

            Committee Oversight Findings and Recommendations

    Regarding clause 2(b)(1) of rule X and clause 3(c)(1) of 
rule XIII of the Rules of the House of Representatives, the 
Committee on Natural Resources' oversight findings and 
recommendations are reflected in the body of this report.

      Compliance With House Rule XIII and Congressional Budget Act

    1. Cost of Legislation and the Congressional Budget Act. 
With respect to the requirements of clause 3(c)(2) and (3) of 
rule XIII of the Rules of the House of Representatives and 
sections 308(a) and 402 of the Congressional Budget Act of 
1974, as well as clause3(d) of rule XIII of the Rules of the 
House of Representatives, the Committee has received the 
following estimate for the bill from the Director of the 
Congressional Budget Office:

                                     U.S. Congress,
                               Congressional Budget Office,
                                  Washington, DC, October 20, 2022.
Hon. Raul M. Grijalva,
Chairman, Committee on Natural Resources,
House of Representatives, Washington, DC.
    Dear Mr. Chairman: The Congressional Budget Office has 
prepared the enclosed cost estimate for H.R. 2872, the SAFE 
Act.
    If you wish further details on this estimate, we will be 
pleased to provide them. The CBO staff contact is Madeleine 
Fox.
            Sincerely,
                                         Phillip L. Swagel,
                                                          Director.
    Enclosure.

[GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT]
    

    H.R. 2872 would establish a working group with members from 
federal agencies, states, and tribes to create and implement a 
national strategy concerning climate change and report to the 
Congress on its activities. The bill also would create a new 
center and advisory committee to support the working group's 
mission by developing scientific information, tools, and 
strategies. Additionally, the bill would require states that 
receive grants to update their conservation plans every four 
years for review by the Departments of Commerce and the 
Interior.
    Using information about similar entities and activities, 
CBO estimates that creating the working group and national 
strategy would cost less than $500,000 annually, totaling $1 
million over the 2023-2027 period. The required reports, the 
advisory committee, and administrative activities would cost 
about $500,000 annually, totaling about $4 million over the 
2023-2027 period. CBO estimates that implementing the bill's 
other provisions would have no significant cost. In particular, 
the mission of the proposed new center is similar to the 
mission of the existing Climate Adaptation Center; thus, CBO 
expects that there would be no significant cost to implementing 
that provision.
    In total, CBO estimates that implementing the bill would 
cost about $1 million annually and $5 million over the 2023-
2027 period; any spending would be subject to the availability 
of appropriated funds.
    The CBO staff contact for this estimate is Madeleine Fox. 
The estimate was reviewed by H. Samuel Papenfuss, Deputy 
Director of Budget Analysis.
    2. General Performance Goals and Objectives. As required by 
clause 3(c)(4) of rule XIII, the general performance goals and 
objectives of this bill are to establish an integrated national 
approach to respond to ongoing and expected effects of extreme 
weather and climate change by protecting, managing, and 
conserving the fish, wildlife, and plants of the United States, 
and to maximize government efficiency and reduce costs, in 
cooperation with state, local, and tribal governments and other 
entities.

                           Earmark Statement

    This bill does not contain any Congressional earmarks, 
limited tax benefits, or limited tariff benefits as defined 
under clause 9(e), 9(f), and 9(g) of rule XXI of the Rules of 
the House of Representatives.

                 Unfunded Mandates Reform Act Statement

    According to CBO, this bill contains no unfunded mandates 
as defined by the Unfunded Mandates Reform Act.

                Federal Advisory Committee Act Statement

    Section 4(a) of the bill would require the President to 
establish a National Fish, Wildlife, and Plants Climate 
Adaptation Strategy Joint Implementation Working Group to carry 
out duties associated with the National Fish, Wildlife, and 
Plants Climate Adaptation Strategy. Section 6(b) would require 
the Secretary of the Interior to establish an Advisory 
Committee on Climate Change and Natural Resource Sciences to 
advise the Working Group. In reporting the bill favorably to 
the House of Representatives, the Committee on Natural 
Resources finds that the functions of these two bodies would be 
better performed by the proposed entities than by any other one 
or more agencies or any existing advisory committees.

                           Existing Programs

    This bill does not establish or reauthorize a program of 
the federal government known to be duplicative of another 
program.

                  Applicability to Legislative Branch

    The Committee finds that the legislation does not relate to 
the terms and conditions of employment or access to public 
services or accommodations within the meaning of section 
102(b)(3) of the Congressional Accountability Act.

               Preemption of State, Local, or Tribal Law

    Any preemptive effect of this bill over state, local, or 
tribal law is intended to be consistent with the bill's 
purposes and text and the Supremacy Clause of Article VI of the 
U.S. Constitution.

                        Changes in Existing Law

    If enacted, this bill would make no changes to existing 
law.

                            DISSENTING VIEWS

    H.R. 2872 would revive a President Barack Obama-era 
``National Fish Wildlife and Plants Climate Adaptation 
Strategy'' (National Strategy), which outlined goals aimed at 
addressing climate change. The bill goes beyond even the Obama 
administration's policy goals by establishing a sixteen federal 
agency Working Group tasked with updating and implementing a 
new national climate adaptation strategy. In addition, the 
Working Group must incorporate requirements that ``identify 
fish, wildlife, and plants likely to have the greatest need for 
protection, restoration, and conservation due to the ongoing 
and expanding effects of extreme weather and climate change'' 
and ``identify Federal policies and actions that may reduce 
resilience and increase the vulnerability of fish, wildlife, 
and plants to extreme weather and climate change.'' Under both 
the Trump and Biden Administrations, the U.S. Fish and Wildlife 
Service testified that H.R. 2872 is duplicative and unnecessary 
given ongoing efforts between the agency, the Association of 
Fish and Wildlife Agencies, and other partners.
    H.R. 2872 would impose new requirements on states as well 
by requiring them to submit to the Secretaries of Commerce and 
the Interior so-called ``Fish, Wildlife and Climate Adaptation 
Plans'' which must include adaptation provisions of any 
comprehensive wildlife conservation strategy that has been 
submitted, approved, or is pending approval in order to be 
eligible for funding under certain programs. Even the Biden 
Administration's U.S. Fish and Wildlife Service expressed 
concerns with those requirements. Congressman Blake Moore (R-
UT) offered an amendment that would have removed that 
provision, but unfortunately the Majority rejected the 
amendment.
    Overall, this bill would increase bureaucracy and is 
duplicative of many on going conservation efforts related to 
adaptation strategies for fish, wildlife, and plants. For these 
reasons, I oppose H.R. 2872 as reported by the Committee on 
Natural Resources.

                                                   Bruce Westerman.

                                  [all]