HR 5101 IHCommentsClose CommentsPermalink

To expand the science and stewardship of America’s most important wildlife corridors.CommentsClose CommentsPermalink

April 21, 2010CommentsClose CommentsPermalink

Mr. HOLT (for himself, Mr. POLIS of Colorado, Mr. HINCHEY, and Mr. GEORGE MILLER of California) introduced the following bill; which was referred to the Committee on Natural Resources, and in addition to the Committees on Transportation and Infrastructure and Agriculture, 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 concernedCommentsClose CommentsPermalink

To expand the science and stewardship of America’s most important wildlife corridors.CommentsClose CommentsPermalink

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,CommentsClose CommentsPermalink

SECTION 1. SHORT TITLE.

This Act may be cited as the ‘Wildlife Corridors Conservation Act of 2010’.CommentsClose CommentsPermalink

SEC. 2. NATIONAL FISH AND WILDLIFE HABITAT AND CORRIDORS INFORMATION PROGRAM.

(a) Establishment- Within 6 months after the date of enactment of this Act, the Secretary of the Interior, in cooperation with the States and Indian tribes, shall establish a National Fish and Wildlife Habitat and Corridors Information Program in accordance with the requirements of this section.CommentsClose CommentsPermalink





(b) Purpose- The purpose of this program is to--CommentsClose CommentsPermalink





(1) support States and Indian tribes in the development of a geographic information system database of fish and wildlife habitat and corridors that would inform planning and development decisions within each State and Indian tribe, enable each State and Indian tribe to model climate impacts and adaptation, and provide geographically specific enhancements of State and tribal wildlife action plans;CommentsClose CommentsPermalink





(2) ensure the collaborative development, with the States and Indian tribes, of 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--CommentsClose CommentsPermalink





(A) is based on consistent protocols for sampling and mapping across landscapes that take into account regional differences; andCommentsClose CommentsPermalink





(B) that utilizes--CommentsClose CommentsPermalink





(i) existing and planned State- and tribal-based geographic information system databases; andCommentsClose CommentsPermalink





(ii) existing databases, analytical tools, metadata activities, and other information products available through the National Biological Information Infrastructure maintained by the Secretary and nongovernmental organizations; andCommentsClose CommentsPermalink





(3) facilitate the use of such databases by Federal, State, local, and tribal decisionmakers to incorporate qualitative and quantitative information on fish and wildlife habitat and corridors at the earliest possible stage to--CommentsClose CommentsPermalink





(A) prioritize and target natural resources adaptation strategies and activities;CommentsClose CommentsPermalink





(B) avoid, minimize, and mitigate the impacts on fish and wildlife habitat and corridors in siting energy development, water, transmission, transportation, and other land use projects;CommentsClose CommentsPermalink





(C) assess the impacts of existing development on habitats and corridors; andCommentsClose CommentsPermalink





(D) develop management strategies to enhance the ability of native fish, wildlife, and plant species to migrate or respond to shifting habitats within existing habitats and corridors.CommentsClose CommentsPermalink





(c) Habitat and Corridors Information System-CommentsClose CommentsPermalink





(1) IN GENERAL- The Secretary, in cooperation with the States and Indian tribes, shall develop a Habitat and Corridors Information System.CommentsClose CommentsPermalink





(2) CONTENTS- The System shall--CommentsClose CommentsPermalink





(A) include maps, data, and descriptions of fish and wildlife habitat and corridors, that--CommentsClose CommentsPermalink





(i) have been developed by Federal agencies, State wildlife agencies and natural heritage programs, Indian tribes, local governments, nongovernmental organizations, and industry; andCommentsClose CommentsPermalink





(ii) meet accepted Geospatial Interoperability Framework data and metadata protocols and standards;CommentsClose CommentsPermalink





(B) include maps and descriptions of projected shifts in habitats and corridors of fish and wildlife species in response to climate change;CommentsClose CommentsPermalink





(C) assure data quality and make the data, models, and analyses included in the System available at scales useful to decisionmakers--CommentsClose CommentsPermalink





(i) to prioritize and target natural resources adaptation strategies and activities;CommentsClose CommentsPermalink





(ii) to assess the impacts of proposed energy development, water, transmission, transportation, and other land use projects and avoid, minimize, and mitigate those impacts on habitats and corridors;CommentsClose CommentsPermalink





(iii) to assess the impacts of existing development on habitats and corridors; andCommentsClose CommentsPermalink





(iv) to develop management strategies to enhance the ability of fish, wildlife, and plant species to migrate or respond to shifting habitats within existing habitats and corridors;CommentsClose CommentsPermalink





(D) establish a coordinated process for updating maps and other information as landscapes, habitats, corridors, and wildlife populations change or as other information becomes available;CommentsClose CommentsPermalink





(E) encourage the development of collaborative plans by Federal and State agencies and Indian tribes to monitor and evaluate the efficacy of the System to meet the needs of decisionmakers;CommentsClose CommentsPermalink





(F) identify gaps in habitat and corridor information, mapping, and research that should be addressed to fully understand and assess current data and metadata, and to prioritize research and future data collection activities for use in updating the System and provide support for those activities;CommentsClose CommentsPermalink





(G) include mechanisms to support collaborative research, mapping, and planning of habitats and corridors by Federal and State agencies, Indian tribes, and other interested stakeholders;CommentsClose CommentsPermalink





(H) incorporate biological and geospatial data on species and corridors affected by energy development and transmission plans, including renewable energy initiatives, transportation, and other land use plans;CommentsClose CommentsPermalink





(I) be based on the best scientific information available; andCommentsClose CommentsPermalink





(J) identify, prioritize, and describe key parcels of non-Federal land located within the boundaries of units of the National Park System, National Wildlife Refuge System, National Forest System, or National Grassland System that are critical to maintenance of wildlife habitat and migration corridors.CommentsClose CommentsPermalink





(d) 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 System.CommentsClose CommentsPermalink





(e) Coordination- The Secretary, in cooperation with the States and Indian tribes, shall make recommendations on how the information developed in the System may be incorporated into existing relevant State and Federal plans affecting fish and wildlife, including land management plans, the State Comprehensive Wildlife Conservation Strategies, and appropriate tribal conservation plans, to ensure that they--CommentsClose CommentsPermalink





(1) prevent unnecessary habitat fragmentation and disruption of corridors;CommentsClose CommentsPermalink





(2) promote the landscape connectivity necessary to allow wildlife to move as necessary to meet biological needs, adjust to shifts in habitat, and adapt to climate change; andCommentsClose CommentsPermalink





(3) minimize the impacts of energy, development, water, transportation, and transmission projects and other activities expected to impact habitat and corridors.CommentsClose CommentsPermalink





(f) Definitions- In this section:CommentsClose CommentsPermalink





(1) GEOSPATIAL INTEROPERABILITY FRAMEWORK- The term ‘Geospatial Interoperability Framework’ means the strategy utilized by the National Biological Information Infrastructure that is based upon accepted standards, specifications, and protocols adopted through the International Standards Organization, the Open Geospatial Consortium, and the Federal Geographic Data Committee, to manage, archive, integrate, analyze, and make accessible geospatial and biological data and metadata.CommentsClose CommentsPermalink





(2) SECRETARY- The term ‘Secretary’ means the Secretary of the Interior.CommentsClose CommentsPermalink





(g) Authorization of Appropriations- To carry out this section there is authorized to be appropriated to the Secretary $1,000,000.CommentsClose CommentsPermalink

SEC. 3. ADDITIONAL PROVISIONS REGARDING INDIAN TRIBES.

(a) Federal Trust Responsibility- Nothing in this Act is intended to amend, alter, or give priority over the Federal trust responsibility to Indian tribes.CommentsClose CommentsPermalink





(b) Exemption From FOIA- Information received by a Federal agency pursuant to this Act relating to the location, character, or ownership of human remains of a person of Indian ancestry; or 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; shall not be subject to disclosure under section 552 of title 5, United States Code, if the head of the agency, in consultation with the Secretary of the Interior and an affected Indian tribe, determines that disclosure may--CommentsClose CommentsPermalink





(1) cause a significant invasion of privacy;CommentsClose CommentsPermalink





(2) risk harm to the human remains or resources, cultural items, uses, or activities; orCommentsClose CommentsPermalink





(3) impede the use of a traditional religious site by practitioners.CommentsClose CommentsPermalink





(c) Application of Other Law- The Secretary of the Interior may apply the provisions of Public Law 93-638 where appropriate in the implementation of this subpart.CommentsClose CommentsPermalink

SEC. 4. WILDLIFE CORRIDORS STEWARDSHIP AND PROTECTION PROGRAM.

(a) Establishment of Program-CommentsClose CommentsPermalink





(1) IN GENERAL- Subject to paragraph (2), the Secretary of the Interior shall transfer amounts in the Wildlife Corridors Stewardship and Protection Fund established by this section, without further Act of appropriation, to the National Fish and Wildlife Foundation for use by the Foundation to establish and implement a Wildlife Corridors Stewardship and Protection Grant Program in accordance with this section to fund projects to advance important wildlife corridor stewardship and protection.CommentsClose CommentsPermalink





(2) ADMINISTRATIVE EXPENSES- The Secretary of the Interior may transfer funds to the Foundation under this subsection in advance, without regard to when expenses are incurred. The funds transferred shall be subject to the provisions of the National Fish and Wildlife Foundation Establishment Act, excluding subsection (a) of section 10 of that Act (16 U.S.C. 3709(a)).CommentsClose CommentsPermalink





(b) Project Applicants- A project proposal may be submitted to the Foundation for funding under the Program only by--CommentsClose CommentsPermalink





(1) an individual, corporation, partnership, non-governmental organization, trust, association, or other private entity; orCommentsClose CommentsPermalink





(2) an officer, employee, agent, department, or instrumentality of the Federal Government, of any State, municipality, or political subdivision of a State.CommentsClose CommentsPermalink





(c) Project Selection- The Foundation, in consultation with the Secretary, shall select for funding under the Program projects that will have the most significant on-the-ground impact for wildlife species of greatest conservation need by--CommentsClose CommentsPermalink





(1) enhancing the management and stewardship of important wildlife corridors identified by State or Federal agencies; orCommentsClose CommentsPermalink





(2) protecting important wildlife corridors identified by State or Federal agencies.CommentsClose CommentsPermalink





(d) Cost Sharing- The Federal share of the cost of each project funded under the Program shall be not greater than 50 percent, and the non-Federal share required for such a project shall not be derived from any Federal grant program and may be paid in cash or in kind.CommentsClose CommentsPermalink





(e) Administrative Expenses- Of amounts transferred to the Foundation under this section each fiscal year, the Foundation may expend not more than 5 percent or $100,000, whichever is greater, to pay the administrative expenses necessary to administer the Program.CommentsClose CommentsPermalink





(f) Wildlife Corridors Stewardship and Protection Fund-CommentsClose CommentsPermalink





(1) ESTABLISHMENT- There is established in the Treasury a separate account, which shall be known as the ‘Wildlife Corridors Stewardship and Protection Fund’. The Secretary of the Treasury shall deposit into the Fund--CommentsClose CommentsPermalink





(A) all amounts received by the Secretary of the Interior in the form of donations for wildlife corridor stewardship and protection under this section; andCommentsClose CommentsPermalink





(B) other amounts appropriated to the Fund.CommentsClose CommentsPermalink





(2) DONATIONS- The Secretary may accept donations of funds for wildlife corridor stewardship and protection under this section.CommentsClose CommentsPermalink

SEC. 5. WILDLIFE CORRIDOR MANAGEMENT ON PUBLIC LANDS.

(a) Finding- Section 102(a)(8) of the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1701(a)(8)) is amended by inserting ‘, including important wildlife corridors,’ before ‘in their natural condition’.CommentsClose CommentsPermalink





(b) Definition of Areas of Critical Environmental Concern- Section 103(a) of the Federal Land Policy and Management Act of 1976 (43 U.S.C.1702(a)) is amended by inserting ‘(including important wildlife corridors)’ after ‘fish and wildlife resources’.CommentsClose CommentsPermalink

SEC. 6. NATIONAL FOREST SYSTEM RESOURCE PLANNING.

Section 6(e)(1) of the Forest and Rangeland Renewable Resources Act of 1974 (16 U.S.C. 1604(e)(1)) is amended by inserting ‘important wildlife corridors,’ before ‘and wilderness’.CommentsClose CommentsPermalink

SEC. 7. TRANSPORTATION PROGRAMS.

(a) Accommodation of Wildlife Movement- As a condition for the receipt of Federal assistance for a highway construction project under title 23, United States Code, the Secretary of Transportation may ensure that a State or other recipient of such assistance gives the accommodation of wildlife movement full consideration during the development and construction of the project, as it relates to--CommentsClose CommentsPermalink





(1) improving motorist safety;CommentsClose CommentsPermalink





(2) reducing wildlife mortality on highways; andCommentsClose CommentsPermalink





(3) providing ecological connectivity to support population viability and other wildlife conservation objectives.CommentsClose CommentsPermalink





(b) Specific Conditions- In carrying out subsection (a), the Secretary shall ensure that a State or other recipient of assistance under title 23, United States Code--CommentsClose CommentsPermalink





(1) considers incorporating wildlife crossings in any highway construction project carried out using such assistance, and incorporates wildlife crossings in the project, if appropriate;CommentsClose CommentsPermalink





(2) provides to the Secretary a statement of reasons explaining the extent of wildlife crossings to be included in such highway construction projects or why wildlife crossings are not appropriate; andCommentsClose CommentsPermalink





(3) utilizes the best available commercial and scientific data in making determinations on incorporating wildlife crossings in such highway construction projects.CommentsClose CommentsPermalink

SEC. 8. AGRICULTURAL CONSERVATION PROGRAMS.

(a) Special Rule Involving Payments for Foregone Income- Section 1240B(d)(3) of the Food Security Act of 1985 (16 U.S.C. 3839aa-2(d)(3)) is amended to read as follows:CommentsClose CommentsPermalink





‘(3) SPECIAL RULE INVOLVING PAYMENTS FOR FOREGONE INCOME- In determining the amount and rate of payments under paragraph (2)(B), the Secretary may accord great significance to a practice that, as determined by the Secretary, promotes--CommentsClose CommentsPermalink





‘(A) residue management;CommentsClose CommentsPermalink





‘(B) nutrient management;CommentsClose CommentsPermalink





‘(C) air quality management;CommentsClose CommentsPermalink





‘(D) invasive species management;CommentsClose CommentsPermalink





‘(E) pollinator habitat;CommentsClose CommentsPermalink





‘(F) animal carcass management technology;CommentsClose CommentsPermalink





‘(G) pest management; orCommentsClose CommentsPermalink





‘(H) wildlife corridor management.’.CommentsClose CommentsPermalink





(b) Encouragement of Pollinator Development and Protection or Important Wildlife Corridor Stewardship and Protection- Section 1244(h) of the Food Security Act of 1985 (16 U.S.C. 3844(h)) is amended to read as follows:CommentsClose CommentsPermalink





‘(h) Encouragement of Pollinator Development and Protection or Important Wildlife Corridor Stewardship and Protection- In carrying out any conservation program administered by the Secretary, the Secretary may, as appropriate, encourage--CommentsClose CommentsPermalink





‘(1) the development of habitat for native and managed pollinators;CommentsClose CommentsPermalink





‘(2) the stewardship of habitat in important wildlife corridors; andCommentsClose CommentsPermalink





‘(3) the use of conservation practices that benefit native and managed pollinators or important wildlife corridors identified as such by a State.’.CommentsClose CommentsPermalink