S 1933 ISCommentsClose CommentsPermalink

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.CommentsClose CommentsPermalink

October 27, 2009CommentsClose CommentsPermalink

Mr. BINGAMAN (for himself, Mr. BAUCUS, Mr. WHITEHOUSE, and Mr. UDALL of New Mexico) introduced the following bill; which was read twice and referred to the Committee on Environment and Public WorksCommentsClose CommentsPermalink

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.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 ‘Natural Resources Climate Adaptation Act’.CommentsClose CommentsPermalink

SEC. 2. PURPOSES.

The purposes of this Act are--CommentsClose CommentsPermalink





(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; andCommentsClose CommentsPermalink





(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.CommentsClose CommentsPermalink

SEC. 3. DEFINITIONS.

In this Act:CommentsClose CommentsPermalink





(1) BOARD- The term ‘Board’ means the Natural Resources Adaptation Science Advisory Board established by section 4(e)(1).CommentsClose CommentsPermalink





(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).CommentsClose CommentsPermalink





(3) CORRIDORS- The term ‘corridors’ means areas that--CommentsClose CommentsPermalink





(A) provide connectivity, over different time scales, of habitats or potential habitats; andCommentsClose CommentsPermalink





(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.CommentsClose CommentsPermalink





(4) ECOSYSTEM SERVICES-CommentsClose CommentsPermalink





(A) IN GENERAL- The term ‘ecosystem services’ means the provision, by a healthy ecosystem, of natural resources to improve human health and livelihood.CommentsClose CommentsPermalink





(B) INCLUSIONS- The term ‘ecosystem services’ includes--CommentsClose CommentsPermalink





(i) a clean and abundant water supply;CommentsClose CommentsPermalink





(ii) carbon storage;CommentsClose CommentsPermalink





(iii) biodiversity;CommentsClose CommentsPermalink





(iv) pollination services;CommentsClose CommentsPermalink





(v) wildlife habitat;CommentsClose CommentsPermalink





(vi) recreation; andCommentsClose CommentsPermalink





(vii) a scenic or historic landscape.CommentsClose CommentsPermalink





(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.CommentsClose CommentsPermalink





(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).CommentsClose CommentsPermalink





(7) NATURAL RESOURCES- The term ‘natural resources’ means land, wildlife, fish, air, water, estuaries, plants, habitats, and ecosystems.CommentsClose CommentsPermalink





(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.CommentsClose CommentsPermalink





(9) PANEL- The term ‘Panel’ means the Natural Resources Climate Change Adaptation Panel established under section 5(a).CommentsClose CommentsPermalink





(10) PLAN- The term ‘plan’ means a natural resources adaptation plan completed under section 7(a)(1).CommentsClose CommentsPermalink





(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).CommentsClose CommentsPermalink





(12) RESILIENCE; RESILIENT- The terms ‘resilience’ and ‘resilient’ mean--CommentsClose CommentsPermalink





(A) the ability to resist or recover from disturbance; andCommentsClose CommentsPermalink





(B) the ability to preserve diversity, productivity, and sustainability.CommentsClose CommentsPermalink





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





(14) STATE- The term ‘State’ means--CommentsClose CommentsPermalink





(A) a State of the United States;CommentsClose CommentsPermalink





(B) the District of Columbia;CommentsClose CommentsPermalink





(C) American Samoa;CommentsClose CommentsPermalink





(D) Guam;CommentsClose CommentsPermalink





(E) the Commonwealth of the Northern Mariana Islands;CommentsClose CommentsPermalink





(F) the Commonwealth of Puerto Rico; andCommentsClose CommentsPermalink





(G) the United States Virgin Islands.CommentsClose CommentsPermalink





(15) STATE PLAN- The term ‘State plan’ means a State natural resources adaptation plan prepared by a State under section 8(a).CommentsClose CommentsPermalink





(16) STRATEGY- The term ‘Strategy’ means the Natural Resources Climate Change Adaptation Strategy developed under section 6(a).CommentsClose CommentsPermalink

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.CommentsClose CommentsPermalink





(b) Development and Dissemination of Science- The Secretaries shall--CommentsClose CommentsPermalink





(1) conduct and sponsor research, and facilitate the coordination of research among Federal agencies, to develop scientific strategies and mechanisms for natural resources adaptation;CommentsClose CommentsPermalink





(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; andCommentsClose CommentsPermalink





(3) assist Federal agencies in the development of natural resources adaptation plans required by section 7.CommentsClose CommentsPermalink





(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--CommentsClose CommentsPermalink





(1) identifies natural resources considered likely to be adversely affected by climate change;CommentsClose CommentsPermalink





(2) includes baseline monitoring and ongoing trend analysis; andCommentsClose CommentsPermalink





(3) in consultation with States and Indian tribes and with input from stakeholders, 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.CommentsClose CommentsPermalink





(d) Wildlife Habitat and Corridors Information-CommentsClose CommentsPermalink





(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’.CommentsClose CommentsPermalink





(2) PURPOSES- The purposes of the program are--CommentsClose CommentsPermalink





(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--CommentsClose CommentsPermalink





(i) is based on consistent protocols;CommentsClose CommentsPermalink





(ii) takes into account regional differences; andCommentsClose CommentsPermalink





(iii) uses available geographical information system databases and other tools, including the National Biological Information Infrastructure maintained by the Secretary and nongovernmental organizations; andCommentsClose CommentsPermalink





(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--CommentsClose CommentsPermalink





(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; andCommentsClose CommentsPermalink





(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;CommentsClose CommentsPermalink





(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.CommentsClose CommentsPermalink





(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--CommentsClose CommentsPermalink





(A) land management plans;CommentsClose CommentsPermalink





(B) State comprehensive wildlife conservation strategies; andCommentsClose CommentsPermalink





(C) applicable conservation plans of Indian tribes.CommentsClose CommentsPermalink





(e) Natural Resources Adaptation Science Advisory Board-CommentsClose CommentsPermalink





(1) ESTABLISHMENT- The Secretaries and the Secretary of Agriculture shall--CommentsClose CommentsPermalink





(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; andCommentsClose CommentsPermalink





(B) on an ongoing basis, coordinate the activities of the Board.CommentsClose CommentsPermalink





(2) MEMBERSHIP- The Board shall be composed of not fewer than 10 and not more than 20 members--CommentsClose CommentsPermalink





(A) who have expertise in fish, wildlife, plant, aquatic, coastal and marine biology, ecology, hydrology, climate change effects, or other relevant scientific disciplines;CommentsClose CommentsPermalink





(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; andCommentsClose CommentsPermalink





(C) at least 1/2 of whom are recommended by the President of the National Academy of Sciences.CommentsClose CommentsPermalink





(3) DUTIES- The Board shall--CommentsClose CommentsPermalink





(A) advise all relevant Federal agencies on the state of the science regarding--CommentsClose CommentsPermalink





(i) the ongoing and expected impacts of climate change; andCommentsClose CommentsPermalink





(ii) scientific strategies and mechanisms for natural resources adaptation; andCommentsClose CommentsPermalink





(B) identify and recommend priorities for ongoing research needs on the issues described in subparagraph (A).CommentsClose CommentsPermalink





(4) AVAILABILITY TO THE PUBLIC- The advice and recommendations of the Board shall be made available to the public.CommentsClose CommentsPermalink





(f) National Climate Change and Wildlife Science Center-CommentsClose CommentsPermalink





(1) ESTABLISHMENT- The Secretary shall establish the National Climate Change and Wildlife Center within the United States Geological Survey.CommentsClose CommentsPermalink





(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--CommentsClose CommentsPermalink





(A) assess and synthesize current physical and biological knowledge relating to the impacts of climate change on fish, wildlife, plants, and associated habitat;CommentsClose CommentsPermalink





(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;CommentsClose CommentsPermalink





(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; andCommentsClose CommentsPermalink





(D) develop capacities for synthesizing data and for sharing standardized data and methodology.CommentsClose CommentsPermalink

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.CommentsClose CommentsPermalink





(b) Duties- The Panel shall--CommentsClose CommentsPermalink





(1) develop the Strategy; andCommentsClose CommentsPermalink





(2) serve as a forum for interagency consultation on the implementation of the Strategy.CommentsClose CommentsPermalink





(c) Membership- The Panel shall be composed of--CommentsClose CommentsPermalink





(1) the Administrator of the National Oceanic and Atmospheric Administration;CommentsClose CommentsPermalink





(2) the Chief of the Forest Service;CommentsClose CommentsPermalink





(3) the Director of the National Park Service;CommentsClose CommentsPermalink





(4) the Director of the United States Fish and Wildlife Service;CommentsClose CommentsPermalink





(5) the Director of the Bureau of Land Management;CommentsClose CommentsPermalink





(6) the Director of the United States Geological Survey;CommentsClose CommentsPermalink





(7) the Commissioner of Reclamation;CommentsClose CommentsPermalink





(8) the Director of the Bureau of Indian Affairs;CommentsClose CommentsPermalink





(9) the Director of the Minerals Management Service;CommentsClose CommentsPermalink





(10) the Administrator of the Environmental Protection Agency;CommentsClose CommentsPermalink





(11) the Administrator of the Federal Emergency Management Agency;CommentsClose CommentsPermalink





(12) the Chief of Engineers; andCommentsClose CommentsPermalink





(13) the heads of other Federal agencies, as determined by the President.CommentsClose CommentsPermalink





(d) Chairperson- The Chair of the Council on Environmental Quality shall serve as the Chairperson of the Panel.CommentsClose CommentsPermalink

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.CommentsClose CommentsPermalink





(b) Development- In developing and revising the Strategy, the Panel shall--CommentsClose CommentsPermalink





(1) base the strategy on the best available science;CommentsClose CommentsPermalink





(2) develop the strategy in close cooperation with States and Indian tribes;CommentsClose CommentsPermalink





(3) coordinate with other Federal agencies, as appropriate;CommentsClose CommentsPermalink





(4) consult with local governments, conservation organizations, scientists, private sector interests, and other interested stakeholders; andCommentsClose CommentsPermalink





(5) provide public notice and opportunity for comment.CommentsClose CommentsPermalink





(c) Contents- The Strategy shall--CommentsClose CommentsPermalink





(1) assess the vulnerability of regions and types of natural resources to climate change, including short-term, medium-term, long-term, and cumulative impacts;CommentsClose CommentsPermalink





(2) describe current research and monitoring activities at the Federal, State, tribal, and local level related to--CommentsClose CommentsPermalink





(A) the ongoing and expected impacts of climate change on natural resources; andCommentsClose CommentsPermalink





(B) scientific strategies and mechanisms for natural resources adaptation;CommentsClose CommentsPermalink





(3) identify and prioritize research and data needs; andCommentsClose CommentsPermalink





(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--CommentsClose CommentsPermalink





(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; andCommentsClose CommentsPermalink





(B) a timeline for implementation of the Strategy; andCommentsClose CommentsPermalink





(5) describe specific mechanisms for ensuring communication and coordination--CommentsClose CommentsPermalink





(A) among Federal agencies; andCommentsClose CommentsPermalink





(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.CommentsClose CommentsPermalink





(d) Revision- After the Panel adopts the initial Strategy, the Panel shall review and revise the Strategy every 5 years to incorporate--CommentsClose CommentsPermalink





(1) new information regarding the ongoing and expected impacts of climate change on natural resources; andCommentsClose CommentsPermalink





(2) new advances in the development of strategies and mechanisms for natural resources adaptation.CommentsClose CommentsPermalink

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--CommentsClose CommentsPermalink





(1) complete a natural resources adaptation plan for that Federal agency;CommentsClose CommentsPermalink





(2) provide opportunities for public review and comment on the plan;CommentsClose CommentsPermalink





(3) coordinate with the plan of each other Federal agency with representation on the Panel; andCommentsClose CommentsPermalink





(4) submit the plan to the President for review and submission to Congress.CommentsClose CommentsPermalink





(b) Requirements- Each plan shall--CommentsClose CommentsPermalink





(1) implement the Strategy;CommentsClose CommentsPermalink





(2) include a timeline for implementation of the plan;CommentsClose CommentsPermalink





(3) describe and prioritize proposed natural resources adaptation actions for natural resources managed or impacted by activities authorized by the Federal agency;CommentsClose CommentsPermalink





(4) describe how the Federal agency will modify or establish other plans, programs, activities, or actions in accordance with applicable authority, if necessary, to implement the plan;CommentsClose CommentsPermalink





(5) provide for the inclusion of climate change and impact data in natural resources management decisions;CommentsClose CommentsPermalink





(6) establish monitoring protocols--CommentsClose CommentsPermalink





(A) to assess the effectiveness of the natural resources adaptation actions taken by the Federal agency pursuant to the plan; andCommentsClose CommentsPermalink





(B) to update those actions to respond to monitoring results, other new information, and changing conditions;CommentsClose CommentsPermalink





(7) establish a process for providing written guidance to Federal natural resource managers for implementing the natural resources adaptation actions identified in the plan;CommentsClose CommentsPermalink





(8) identify and assess gaps in data and information useful in developing the plan; andCommentsClose CommentsPermalink





(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.CommentsClose CommentsPermalink





(c) Presidential Review and Submission to Congress-CommentsClose CommentsPermalink





(1) REVIEW- Not later than 30 days after the date of submission of a plan to the President, the President shall--CommentsClose CommentsPermalink





(A) review the plan for consistency with the requirements of this Act; andCommentsClose CommentsPermalink





(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.CommentsClose CommentsPermalink





(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.CommentsClose CommentsPermalink





(3) SUBMISSION TO CONGRESS- The President shall submit plans determined to be consistent with this Act to--CommentsClose CommentsPermalink





(A) the Committee on Natural Resources of the House of Representatives;CommentsClose CommentsPermalink





(B) the Committee on Energy and Natural Resources of the Senate;CommentsClose CommentsPermalink





(C) the Committee on Environment and Public Works of the Senate; andCommentsClose CommentsPermalink





(D) any other committees of the House of Representatives or the Senate with principal jurisdiction over the Federal agency.CommentsClose CommentsPermalink





(d) Implementation- On submission by the President to Congress, each Federal agency shall, pursuant to and consistent with applicable authority, implement the plan.CommentsClose CommentsPermalink





(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--CommentsClose CommentsPermalink





(1) the ongoing and expected impacts of climate change on natural resources; andCommentsClose CommentsPermalink





(2) the scientific strategies and mechanisms for natural resources adaptation.CommentsClose CommentsPermalink

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.CommentsClose CommentsPermalink





(b) Contents- A State plan shall--CommentsClose CommentsPermalink





(1) include actions for addressing the ongoing and expected impacts of climate change on natural resources that--CommentsClose CommentsPermalink





(A) describe and prioritize proposed natural resources adaptation actions for natural resources managed or impacted by activities authorized by the State;CommentsClose CommentsPermalink





(B) include a time frame for implementing the natural resources adaptation actions;CommentsClose CommentsPermalink





(C) are incorporated into a revision of the State wildlife action plan (also known as the State comprehensive wildlife strategy) that has been--CommentsClose CommentsPermalink





(i) submitted to the United States Fish and Wildlife Service; andCommentsClose CommentsPermalink





(ii) approved, or is pending approval, by the United States Fish and Wildlife Service; andCommentsClose CommentsPermalink





(D) are developed--CommentsClose CommentsPermalink





(i) with the participation of the relevant State agencies considered appropriate by the Governor of the State; andCommentsClose CommentsPermalink





(ii) in coordination with other States and Indian tribes that share jurisdiction or cooperative management responsibilities over natural resources with the State; andCommentsClose CommentsPermalink





(2) identify and assess gaps in data useful in developing the State plan.CommentsClose CommentsPermalink





(c) Review and Approval-CommentsClose CommentsPermalink





(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--CommentsClose CommentsPermalink





(A) meets the requirements of subsection (b); andCommentsClose CommentsPermalink





(B) is consistent with the other requirements of this Act.CommentsClose CommentsPermalink





(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).CommentsClose CommentsPermalink





(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.CommentsClose CommentsPermalink





(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.CommentsClose CommentsPermalink





(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--CommentsClose CommentsPermalink





(1) the National Fish Habitat Action Plan;CommentsClose CommentsPermalink





(2) plans under the North American Wetlands Conservation Act (16 U.S.C. 4401 et seq.);CommentsClose CommentsPermalink





(3) the Federal, State, and local partnership known as ‘Partners in Flight’;CommentsClose CommentsPermalink





(4) federally approved coastal zone management plans under the Coastal Zone Management Act of 1972 (16 U.S.C. 1451 et seq.);CommentsClose CommentsPermalink





(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.);CommentsClose CommentsPermalink





(6) the National Coral Reef Action Plan;CommentsClose CommentsPermalink





(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));CommentsClose CommentsPermalink





(8) habitat conservation plans under section 10 of that Act (16 U.S.C. 1539);CommentsClose CommentsPermalink





(9) the plans for imperiled species of other Federal agencies, States, and Indian tribes;CommentsClose CommentsPermalink





(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;CommentsClose CommentsPermalink





(11) the hazard mitigation plans of States and Indian tribes;CommentsClose CommentsPermalink





(12) the water management plans of States and Indian tribes;CommentsClose CommentsPermalink





(13) State property insurance programs; andCommentsClose CommentsPermalink





(14) other State-based strategies that implement natural resources adaptation activities to remediate the ongoing and expected effects of climate change.CommentsClose CommentsPermalink





(f) Updating- Each State plan shall be updated at least every 5 years.CommentsClose CommentsPermalink





(g) Funding-CommentsClose CommentsPermalink





(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.CommentsClose CommentsPermalink





(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--CommentsClose CommentsPermalink





(A) consistent with the comprehensive wildlife strategy of the State and, where appropriate, other natural resources conservation strategies; andCommentsClose CommentsPermalink





(B) in accordance with a work plan made available to relevant Federal agencies.CommentsClose CommentsPermalink





(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).CommentsClose CommentsPermalink

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’).CommentsClose CommentsPermalink





(b) Availability of Amounts-CommentsClose CommentsPermalink





(1) IN GENERAL- All amounts deposited into the Fund shall be available without further appropriation or fiscal year limitation.CommentsClose CommentsPermalink





(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).CommentsClose CommentsPermalink





(c) Distribution of Amounts-CommentsClose CommentsPermalink





(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:CommentsClose CommentsPermalink





(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); andCommentsClose CommentsPermalink





(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)).CommentsClose CommentsPermalink





(2) NATURAL RESOURCES ADAPTATION- Of the amounts made available for each fiscal year to carry out this Act--CommentsClose CommentsPermalink





(A) 17 percent shall be allocated to the Secretary for use in funding--CommentsClose CommentsPermalink





(i) natural resources adaptation activities carried out--CommentsClose CommentsPermalink





(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;CommentsClose CommentsPermalink





(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;CommentsClose CommentsPermalink





(III) by the Bureau of Reclamation;CommentsClose CommentsPermalink





(IV) by the United States Geological Survey; andCommentsClose CommentsPermalink





(V) in Indian Country or on Native village or Regional Corporation land in Alaska; andCommentsClose CommentsPermalink





(ii) the implementation of the program;CommentsClose CommentsPermalink





(B) 5 percent shall be allocated to the Secretary for natural resources adaptation activities carried out through cooperative grant programs, such as--CommentsClose CommentsPermalink





(i) the cooperative endangered species conservation fund authorized under section 6 of the Endangered Species Act of 1973 (16 U.S.C. 1535);CommentsClose CommentsPermalink





(ii) programs under the North American Wetlands Conservation Act (16 U.S.C. 4401 et seq.);CommentsClose CommentsPermalink





(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));CommentsClose CommentsPermalink





(iv) the Coastal Program of the United States Fish and Wildlife Service;CommentsClose CommentsPermalink





(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);CommentsClose CommentsPermalink





(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);CommentsClose CommentsPermalink





(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);CommentsClose CommentsPermalink





(viii) the Wildlife Without Borders Program of the United States Fish and Wildlife Service;CommentsClose CommentsPermalink





(ix) the Migratory Species Program and Park Flight Migratory Bird Program of the National Park Service;CommentsClose CommentsPermalink





(x) the Water for America or other programs carried out by the Bureau of Reclamation; andCommentsClose CommentsPermalink





(xi) programs under--CommentsClose CommentsPermalink





(I) subtitle A of title VI of the Omnibus Public Land Management Act of 2009 (16 U.S.C. 1015 et seq.);CommentsClose CommentsPermalink





(II) subtitle F of title IX of the Omnibus Public Land Management Act of 2009 (42 U.S.C. 10361 et seq.); andCommentsClose CommentsPermalink





(III) other applicable law;CommentsClose CommentsPermalink





(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; andCommentsClose CommentsPermalink





(D) 12 percent shall be allocated for acquisition of land or interests in land to carry out natural resources adaptation activities as follows:CommentsClose CommentsPermalink





(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).CommentsClose CommentsPermalink





(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:CommentsClose CommentsPermalink





(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).CommentsClose CommentsPermalink





(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. 460l-9).CommentsClose CommentsPermalink





(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).CommentsClose CommentsPermalink





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





(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; andCommentsClose CommentsPermalink





(bb) be available to carry out this Act without further appropriation or fiscal year limitation.CommentsClose CommentsPermalink





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





(aa) notwithstanding section 5 of the Land and Water Conservation Fund Act of 1965 (16 U.S.C. 460l-7); andCommentsClose CommentsPermalink





(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.CommentsClose CommentsPermalink





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





(I) the availability of non-Federal contributions from State, local, or private sources;CommentsClose CommentsPermalink





(II) opportunities to protect fish and wildlife corridors or otherwise to link or consolidate fragmented habitats;CommentsClose CommentsPermalink





(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; andCommentsClose CommentsPermalink





(IV) the potential for conservation of species or habitat types at serious risk due to climate change.CommentsClose CommentsPermalink





(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--CommentsClose CommentsPermalink





(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; andCommentsClose CommentsPermalink





(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.CommentsClose CommentsPermalink





(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--CommentsClose CommentsPermalink





(A) the coastal and estuarine land conservation program administered by the National Oceanic and Atmospheric Administration;CommentsClose CommentsPermalink





(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);CommentsClose CommentsPermalink





(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;CommentsClose CommentsPermalink





(D) the Open Rivers Initiative;CommentsClose CommentsPermalink





(E) the Magnuson-Stevens Fishery Conservation and Management Act (16 U.S.C. 1801 et seq.);CommentsClose CommentsPermalink





(F) the Marine Mammal Protection Act of 1972 (16 U.S.C. 1361 et seq.);CommentsClose CommentsPermalink





(G) the Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.);CommentsClose CommentsPermalink





(H) the Marine Protection, Research, and Sanctuaries Act of 1972 (33 U.S.C. 1401 et seq.);CommentsClose CommentsPermalink





(I) the Coral Reef Conservation Act of 2000 (16 U.S.C. 6401 et seq.); andCommentsClose CommentsPermalink





(J) the Estuary Restoration Act of 2000 (33 U.S.C. 2901 et seq.).CommentsClose CommentsPermalink





(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--CommentsClose CommentsPermalink





(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;CommentsClose CommentsPermalink





(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;CommentsClose CommentsPermalink





(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;CommentsClose CommentsPermalink





(D) estuary habitat restoration projects authorized by the Estuary Restoration Act of 2000 (33 U.S.C. 2901 et seq.);CommentsClose CommentsPermalink





(E) aquatic restoration and protection projects authorized by section 206 of the Water Resources Development Act of 1996 (33 U.S.C. 2330); andCommentsClose CommentsPermalink





(F) other appropriate programs and activities.CommentsClose CommentsPermalink





(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.CommentsClose CommentsPermalink





(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.CommentsClose CommentsPermalink

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.CommentsClose CommentsPermalink





(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.CommentsClose CommentsPermalink