HR2454 and S1733 - Domestic Adaptation
Produced: 10/15/2009 4:23:46 PM by Nick Santos, 1Sky Policy Staff
| H.R. 2454 | S. 1733 | |
| Subtitle E--Adapting to Climate Change | <> | Subtitle C--Adapting to Climate Change |
| PART 1--DOMESTIC ADAPTATION | = | PART 1--DOMESTIC ADAPTATION |
| Subpart A--National Climate Change Adaptation Program | Subpart A--National Climate Change Adaptation Program | |
| ***Subpart A is not included in this analysis - the section exists but is entirely different between bills*** | ***Subpart A is not included in this analysis - the section exists but is entirely different between bills*** | |
| Subpart B--Public Health and Climate Change | Subpart B--Public Health and Climate Change | |
| SEC. 461. SENSE OF CONGRESS ON PUBLIC HEALTH AND CLIMATE CHANGE. | <> | SEC. 351. SENSE OF CONGRESS ON PUBLIC HEALTH AND CLIMATE CHANGE. |
| It is the sense of the Congress that the Federal Government, in cooperation with international, State, tribal, and local governments, concerned public and private organizations, and citizens, should use all practicable means and measures-- | It is the sense of the Congress that the Federal Government, in cooperation with international, State, tribal, and local governments, Indian tribes, concerned public and private organizations, and citizens, should use all practicable means and measures-- | |
| (1) to assist the efforts of public health and health care professionals, first responders, States, tribes, municipalities, and local communities to incorporate measures to prepare health systems to respond to the impacts of climate change; | (1) to assist the efforts of public health and health care professionals, first responders, States, Indian tribes, municipalities, and local communities to incorporate measures to prepare health systems to respond to the impacts of climate change; | |
| (2) to ensure-- | = | (2) to ensure-- |
| (A) that the Nation's health professionals have sufficient information to prepare for and respond to the adverse health impacts of climate change; | (A) that the Nation's health professionals have sufficient information to prepare for and respond to the adverse health impacts of climate change; | |
| (B) the utility and value of scientific research in advancing understanding of-- | (B) the utility and value of scientific research in advancing understanding of-- | |
| (i) the health impacts of climate change; and | (i) the health impacts of climate change; and | |
| (ii) strategies to prepare for and respond to the health impacts of climate change; | (ii) strategies to prepare for and respond to the health impacts of climate change; | |
| (C) the identification of communities vulnerable to the health effects of climate change and the development of strategic response plans to be carried out by health professionals for those communities; | (C) the identification of communities vulnerable to the health effects of climate change and the development of strategic response plans to be carried out by health professionals for those communities; | |
| (D) the improvement of health status and health equity through efforts to prepare for and respond to climate change; and | (D) the improvement of health status and health equity through efforts to prepare for and respond to climate change; and | |
| (E) the inclusion of health policy in the development of climate change responses; | (E) the inclusion of health policy in the development of climate change responses; | |
| (3) to encourage further research, interdisciplinary partnership, and collaboration among stakeholders in order to-- | (3) to encourage further research, interdisciplinary partnership, and collaboration among stakeholders in order to-- | |
| (A) understand and monitor the health impacts of climate change; and | (A) understand and monitor the health impacts of climate change; and | |
| (B) improve public health knowledge and response strategies to climate change; | (B) improve public health knowledge and response strategies to climate change; | |
| (4) to enhance preparedness activities, and public health infrastructure, relating to climate change and health; | (4) to enhance preparedness activities, and public health infrastructure, relating to climate change and health; | |
| (5) to encourage each and every American to learn about the impacts of climate change on health; and | (5) to encourage each and every American to learn about the impacts of climate change on health; and | |
| (6) to assist the efforts of developing nations to incorporate measures to prepare health systems to respond to the impacts of climate change. | (6) to assist the efforts of developing nations to incorporate measures to prepare health systems to respond to the impacts of climate change. | |
| SEC. 462. RELATIONSHIP TO OTHER LAWS. | <> | SEC. 352. RELATIONSHIP TO OTHER LAWS. |
| Nothing in this subpart in any manner limits the authority provided to or responsibility conferred on any Federal department or agency by any provision of any law (including regulations) or authorizes any violation of any provision of any law (including regulations), including any health, energy, environmental, transportation, or any other law or regulation. | = | Nothing in this subpart in any manner limits the authority provided to or responsibility conferred on any Federal department or agency by any provision of any law (including regulations) or authorizes any violation of any provision of any law (including regulations), including any health, energy, environmental, transportation, or any other law or regulation. |
| SEC. 463. NATIONAL STRATEGIC ACTION PLAN. | <> | SEC. 353. NATIONAL STRATEGIC ACTION PLAN. |
| (a) Requirement- | = | (a) Requirement- |
| (1) IN GENERAL- The Secretary of Health and Human Services, within 2 years after the date of the enactment of this Act, on the basis of the best available science, and in consultation pursuant to paragraph (2), shall publish a strategic action plan to assist health professionals in preparing for and responding to the impacts of climate change on public health in the United States and other nations, particularly developing nations. | (1) IN GENERAL- The Secretary of Health and Human Services, within 2 years after the date of the enactment of this Act, on the basis of the best available science, and in consultation pursuant to paragraph (2), shall publish a strategic action plan to assist health professionals in preparing for and responding to the impacts of climate change on public health in the United States and other nations, particularly developing nations. | |
| (2) CONSULTATION- In developing or making any revision to the national strategic action plan, the Secretary shall-- | (2) CONSULTATION- In developing or making any revision to the national strategic action plan, the Secretary shall-- | |
| (A) consult with the Director of the Centers for Disease Control and Prevention, the Administrator of the Environmental Protection Agency, the Director of the National Institutes of Health, the Secretary of Energy, other appropriate Federal agencies, Indian tribes, State and local governments, public health organizations, scientists, and other interested stakeholders; and | <> | (A) consult with the Director of the Centers for Disease Control and Prevention, the Administrator of the Environmental Protection Agency, the Director of the National Institutes of Health, the Director of the Indian Health Service, the Secretary of Energy, other appropriate Federal agencies, Indian tribes, State and local governments, public health organizations, scientists, and other interested stakeholders; and |
| (B) provide opportunity for public input. | = | (B) provide opportunity for public input. |
| (b) Contents- | (b) Contents- | |
| (1) IN GENERAL- The Secretary, acting through the Director of the Centers for Disease Control and Prevention and other appropriate Federal agencies, shall assist health professionals in preparing for and responding effectively and efficiently to the health effects of climate change through measures including-- | <> | (1) IN GENERAL- The Secretary shall assist health professionals in preparing for and responding effectively and efficiently to the health effects of climate change through measures including-- |
| (A) developing, improving, integrating, and maintaining domestic and international disease surveillance systems and monitoring capacity to respond to health-related effects of climate change, including on topics addressing-- | = | (A) developing, improving, integrating, and maintaining domestic and international disease surveillance systems and monitoring capacity to respond to health-related effects of climate change, including on topics addressing-- |
| (i) water, food, and vector borne infectious diseases and climate change; | (i) water, food, and vector borne infectious diseases and climate change; | |
| (ii) pulmonary effects, including responses to aeroallergens; | (ii) pulmonary effects, including responses to aeroallergens; | |
| (iii) cardiovascular effects, including impacts of temperature extremes; | (iii) cardiovascular effects, including impacts of temperature extremes; | |
| (iv) air pollution health effects, including heightened sensitivity to air pollution; | (iv) air pollution health effects, including heightened sensitivity to air pollution; | |
| (v) hazardous algal blooms; | (v) hazardous algal blooms; | |
| (vi) mental and behavioral health impacts of climate change; | (vi) mental and behavioral health impacts of climate change; | |
| (vii) the health of refugees, displaced persons, and vulnerable communities; | (vii) the health of refugees, displaced persons, and vulnerable communities; | |
| (viii) the implications for communities vulnerable to health effects of climate change, as well as strategies for responding to climate change within these communities; and | (viii) the implications for communities vulnerable to health effects of climate change, as well as strategies for responding to climate change within these communities; and | |
| (ix) local and community-based health interventions for climate-related health impacts; | (ix) local and community-based health interventions for climate-related health impacts; | |
| (B) creating tools for predicting and monitoring the public health effects of climate change on the international, national, regional, State, and local levels, and providing technical support to assist in their implementation; | <> | (B) creating tools for predicting and monitoring the public health effects of climate change on the international, national, regional, State, tribal, and local levels, and providing technical support to assist in their implementation; |
| (C) developing public health communications strategies and interventions for extreme weather events and disaster response situations; | = | (C) developing public health communications strategies and interventions for extreme weather events and disaster response situations; |
| (D) identifying and prioritizing communities and populations vulnerable to the health effects of climate change, and determining actions and communication strategies that should be taken to inform and protect these communities and populations from the health effects of climate change; | (D) identifying and prioritizing communities and populations vulnerable to the health effects of climate change, and determining actions and communication strategies that should be taken to inform and protect these communities and populations from the health effects of climate change; | |
| (E) developing health communication, public education, and outreach programs aimed at public health and health care professionals, as well as the general public, to promote preparedness and response strategies relating to climate change and public health, including the identification of greenhouse gas reduction behaviors that are health-promoting; and | (E) developing health communication, public education, and outreach programs aimed at public health and health care professionals, as well as the general public, to promote preparedness and response strategies relating to climate change and public health, including the identification of greenhouse gas reduction behaviors that are health-promoting; and | |
| (F) developing academic and regional centers of excellence devoted to-- | (F) developing academic and regional centers of excellence devoted to-- | |
| (i) researching relationships between climate change and health; | (i) researching relationships between climate change and health; | |
| (ii) expanding and training the public health workforce to strengthen the capacity of such workforce to respond to and prepare for the health effects of climate change; | (ii) expanding and training the public health workforce to strengthen the capacity of such workforce to respond to and prepare for the health effects of climate change; | |
| (iii) creating and supporting academic fellowships focusing on the health effects of climate change; and | (iii) creating and supporting academic fellowships focusing on the health effects of climate change; and | |
| (iv) training senior health ministry officials from developing nations to strengthen the capacity of such nations to-- | (iv) training senior health ministry officials from developing nations to strengthen the capacity of such nations to-- | |
| (I) prepare for and respond to the health effects of climate change; and | (I) prepare for and respond to the health effects of climate change; and | |
| (II) build an international network of public health professionals with the necessary climate change knowledge base; | (II) build an international network of public health professionals with the necessary climate change knowledge base; | |
| (G) using techniques, including health impact assessments, to assess various climate change public health preparedness and response strategies on international, national, State, regional, tribal, and local levels, and make recommendations as to those strategies that best protect the public health; | (G) using techniques, including health impact assessments, to assess various climate change public health preparedness and response strategies on international, national, State, regional, tribal, and local levels, and make recommendations as to those strategies that best protect the public health; | |
| (H)(i) assisting in the development, implementation, and support of State, regional, tribal, and local preparedness, communication, and response plans (including with respect to the health departments of such entities) to anticipate and reduce the health threats of climate change; and | (H)(i) assisting in the development, implementation, and support of State, regional, tribal, and local preparedness, communication, and response plans (including with respect to the health departments of such entities) to anticipate and reduce the health threats of climate change; and | |
| (ii) pursuing collaborative efforts to develop, integrate, and implement such plans; | (ii) pursuing collaborative efforts to develop, integrate, and implement such plans; | |
| (I) creating a program to advance research as it relates to the effects of climate change on public health across Federal agencies, including research to-- | (I) creating a program to advance research as it relates to the effects of climate change on public health across Federal agencies, including research to-- | |
| (i) identify and assess climate change health effects preparedness and response strategies; | (i) identify and assess climate change health effects preparedness and response strategies; | |
| (ii) prioritize critical public health infrastructure projects related to potential climate change impacts that affect public health; and | (ii) prioritize critical public health infrastructure projects related to potential climate change impacts that affect public health; and | |
| (iii) coordinate preparedness for climate change health impacts, including the development of modeling and forecasting tools; | (iii) coordinate preparedness for climate change health impacts, including the development of modeling and forecasting tools; | |
| (J) providing technical assistance for the development, implementation, and support of preparedness and response plans to anticipate and reduce the health threats of climate change in developing nations; and | (J) providing technical assistance for the development, implementation, and support of preparedness and response plans to anticipate and reduce the health threats of climate change in developing nations; and | |
| (K) carrying out other activities determined appropriate by the Secretary to plan for and respond to the impacts of climate change on public health. | (K) carrying out other activities determined appropriate by the Secretary to plan for and respond to the impacts of climate change on public health. | |
| (c) Revision- The Secretary shall revise the national strategic action plan not later than July 1, 2014, and every 4 years thereafter, to reflect new information collected pursuant to implementation of the national strategic action plan and otherwise, including information on-- | (c) Revision- The Secretary shall revise the national strategic action plan not later than July 1, 2014, and every 4 years thereafter, to reflect new information collected pursuant to implementation of the national strategic action plan and otherwise, including information on-- | |
| (1) the status of critical environmental health parameters and related human health impacts; | (1) the status of critical environmental health parameters and related human health impacts; | |
| (2) the impacts of climate change on public health; and | (2) the impacts of climate change on public health; and | |
| (3) advances in the development of strategies for preparing for and responding to the impacts of climate change on public health. | (3) advances in the development of strategies for preparing for and responding to the impacts of climate change on public health. | |
| (d) Implementation- | (d) Implementation- | |
| (1) IMPLEMENTATION THROUGH HHS- The Secretary shall exercise the Secretary's authority under this subpart and other provisions of Federal law to achieve the goals and measures of the national strategic action plan. | (1) IMPLEMENTATION THROUGH HHS- The Secretary shall exercise the Secretary's authority under this subpart and other provisions of Federal law to achieve the goals and measures of the national strategic action plan. | |
| (2) OTHER PUBLIC HEALTH PROGRAMS AND INITIATIVES- The Secretary and Federal officials of other relevant Federal agencies shall administer public health programs and initiatives authorized by provisions of law other than this subpart, subject to the requirements of such statutes, in a manner designed to achieve the goals of the national strategic action plan. | (2) OTHER PUBLIC HEALTH PROGRAMS AND INITIATIVES- The Secretary and Federal officials of other relevant Federal agencies shall administer public health programs and initiatives authorized by provisions of law other than this subpart, subject to the requirements of such statutes, in a manner designed to achieve the goals of the national strategic action plan. | |
| (3) CDC- In furtherance of the national strategic action plan, the Secretary, acting through the Director of the Centers for Disease Control and Prevention and the head of any other appropriate Federal agency, shall-- | <> | (3) SPECIFIC ACTIVITIES- In furtherance of the national strategic action plan, the Secretary shall-- |
| (A) conduct scientific research to assist health professionals in preparing for and responding to the impacts of climate change on public health; and | = | (A) conduct scientific research to assist health professionals in preparing for and responding to the impacts of climate change on public health; and |
| (B) provide funding for-- | (B) provide funding for-- | |
| (i) research on the health effects of climate change; and | (i) research on the health effects of climate change; and | |
| (ii) preparedness planning on the international, national, State, tribal, regional, and local levels to respond to or reduce the burden of health effects of climate change; and | (ii) preparedness planning on the international, national, State, tribal, regional, and local levels to respond to or reduce the burden of health effects of climate change; and | |
| (C) carry out other activities determined appropriate by the Director or the head of such agency to prepare for and respond to the impacts of climate change on public health. | <> | (C) carry out other activities determined appropriate by the Secretary to prepare for and respond to the impacts of climate change on public health. |
| SEC. 464. ADVISORY BOARD. | SEC. 354. ADVISORY BOARD. | |
| (a) Establishment- The Secretary shall establish a permanent science advisory board comprised of not less than 10 and not more than 20 members. | = | (a) Establishment- The Secretary shall establish a permanent science advisory board comprised of not less than 10 and not more than 20 members. |
| (b) Appointment of Members- The Secretary shall appoint the members of the science advisory board from among individuals-- | (b) Appointment of Members- The Secretary shall appoint the members of the science advisory board from among individuals-- | |
| (1) who have expertise in public health and human services, climate change, and other relevant disciplines; and | (1) who have expertise in public health and human services, climate change, and other relevant disciplines; and | |
| (2) at least 1/2 of whom are recommended by the President of the National Academy of Sciences. | (2) at least 1/2 of whom are recommended by the President of the National Academy of Sciences. | |
| (c) Functions- The science advisory board shall-- | (c) Functions- The science advisory board shall-- | |
| (1) provide scientific and technical advice and recommendations to the Secretary on the domestic and international impacts of climate change on public health, populations and regions particularly vulnerable to the effects of climate change, and strategies and mechanisms to prepare for and respond to the impacts of climate change on public health; and | (1) provide scientific and technical advice and recommendations to the Secretary on the domestic and international impacts of climate change on public health, populations and regions particularly vulnerable to the effects of climate change, and strategies and mechanisms to prepare for and respond to the impacts of climate change on public health; and | |
| (2) advise the Secretary regarding the best science available for purposes of issuing the national strategic action plan. | (2) advise the Secretary regarding the best science available for purposes of issuing the national strategic action plan. | |
| SEC. 465. REPORTS. | <> | SEC. 355. REPORTS. |
| (a) Needs Assessment- | = | (a) Needs Assessment- |
| (1) IN GENERAL- The Secretary shall seek to enter into, by not later than 6 months after the date of the enactment of this Act, an agreement with the National Research Council and the Institute of Medicine to complete a report that-- | (1) IN GENERAL- The Secretary shall seek to enter into, by not later than 6 months after the date of the enactment of this Act, an agreement with the National Research Council and the Institute of Medicine to complete a report that-- | |
| (A) assesses the needs for health professionals to prepare for and respond to climate change impacts on public health; and | (A) assesses the needs for health professionals to prepare for and respond to climate change impacts on public health; and | |
| (B) recommends programs to meet those needs. | (B) recommends programs to meet those needs. | |
| (2) SUBMISSION- The agreement under paragraph (1) shall require the completed report to be submitted to the Congress and the Secretary and made publicly available not later than 1 year after the date of the agreement. | (2) SUBMISSION- The agreement under paragraph (1) shall require the completed report to be submitted to the Congress and the Secretary and made publicly available not later than 1 year after the date of the agreement. | |
| (b) Climate Change Health Protection and Promotion Reports- | (b) Climate Change Health Protection and Promotion Reports- | |
| (1) IN GENERAL- The Secretary, in consultation with the advisory board established under section 464, shall ensure the issuance of reports to aid health professionals in preparing for and responding to the adverse health effects of climate change that-- | <> | (1) IN GENERAL- The Secretary, in consultation with the advisory board established under section 354, shall ensure the issuance of reports to aid health professionals in preparing for and responding to the adverse health effects of climate change that-- |
| (A) review scientific developments on health impacts of climate change; and | = | (A) review scientific developments on health impacts of climate change; and |
| (B) recommend changes to the national strategic action plan. | (B) recommend changes to the national strategic action plan. | |
| (2) SUBMISSION- The Secretary shall submit the reports required by paragraph (1) to the Congress and make such reports publicly available not later than July 1, 2013, and every 4 years thereafter. | (2) SUBMISSION- The Secretary shall submit the reports required by paragraph (1) to the Congress and make such reports publicly available not later than July 1, 2013, and every 4 years thereafter. | |
| SEC. 466. DEFINITIONS. | <> | SEC. 356. DEFINITIONS. |
| In this subpart: | = | In this subpart: |
| (1) HEALTH IMPACT ASSESSMENT- The term health impact assessment' means a combination of procedures, methods, and tools by which a policy, program, or project may be judged as to its potential effects on the health of a population, and the distribution of those effects within the population. | (1) HEALTH IMPACT ASSESSMENT- The term health impact assessment' means a combination of procedures, methods, and tools by which a policy, program, or project may be judged as to its potential effects on the health of a population, and the distribution of those effects within the population. | |
| (2) NATIONAL STRATEGIC ACTION PLAN- The term national strategic action plan' means the plan issued and revised under section 463. | <> | (2) NATIONAL STRATEGIC ACTION PLAN- The term national strategic action plan' means the plan issued and revised under section 353. |
| (3) SECRETARY- Unless otherwise specified, the term Secretary' means the Secretary of Health and Human Services. | = | (3) SECRETARY- Unless otherwise specified, the term Secretary' means the Secretary of Health and Human Services. |
| SEC. 467. CLIMATE CHANGE HEALTH PROTECTION AND PROMOTION FUND. | <> | |
| (a) Establishment of Fund- Subject to subtitle F of title IV, there is hereby established in the Treasury a separate account that shall be known as the Climate Change Health Protection and Promotion Fund. | ||
| (b) Availability of Amounts- Subject to subtitle F of title IV, all amounts deposited into the Climate Change Health Protection and Promotion Fund shall be available to the Secretary to carry out this subpart subject to further appropriation. | ||
| (c) Distribution of Funds by HHS- In carrying out this subpart, the Secretary may make funds deposited in the Climate Change Health Protection and Promotion Fund available to-- | ||
| (1) other departments, agencies, and offices of the Federal Government; | ||
| (2) foreign, State, tribal, and local governments; and | ||
| (3) such other entities as the Secretary determines appropriate. | ||
| (d) Supplement, Not Replace- It is the intent of Congress that funds made available to carry out this subpart should be used to supplement, and not replace, existing sources of funding for public health. | ||
| Subpart C--Natural Resource Adaptation | Subpart C--Climate Change Safeguards for Natural Resources Conservation | |
| SEC. 471. PURPOSES. | SEC. 361. PURPOSES. | |
| The purposes of this subpart are to-- | The purposes of this subpart are-- | |
| (1) establish an integrated Federal program to protect, restore, and conserve the Nation's natural resources in response to the threats of climate change and ocean acidification; and | (1) to establish an integrated Federal program that responds to ongoing and expected impacts of climate change, including, where applicable, ocean acidification, drought, flooding, and wildfire, by protecting, restoring, and conserving the natural resources of the United States; and | |
| (2) provide financial support and incentives for programs, strategies, and activities that protect, restore, and conserve the Nation's natural resources in response to the threats of climate change and ocean acidification. | (2) to provide financial support and incentives for programs, strategies, and activities that respond to threats of climate change, including, where applicable, ocean acidification, drought, flooding, and wildfire, by protecting, restoring, and conserving the natural resources of the United States. | |
| SEC. 472. NATURAL RESOURCES CLIMATE CHANGE ADAPTATION POLICY. | SEC. 362. NATURAL RESOURCES CLIMATE CHANGE ADAPTATION POLICY. | |
| It is the policy of the Federal Government, in cooperation with State and local governments, Indian tribes, and other interested stakeholders to use all practicable means and measures to protect, restore, and conserve natural resources to enable them to become more resilient, adapt to, and withstand the impacts of climate change and ocean acidification. | It is the policy of the Federal Government, in cooperation with State and local governments, Indian tribes, and other interested stakeholders, to use all practicable means to protect, restore, and conserve natural resources so that natural resources become more resilient, adapt to, and withstand the ongoing and expected impacts of climate change, including, where applicable, ocean acidification, drought, flooding, and wildfire. | |
| SEC. 473. DEFINITIONS. | SEC. 363. DEFINITIONS. | |
| In this subpart: | = | In this subpart: |
| <> | (1) ACCOUNT- The term Account' means the Natural Resources Climate Change Adaption Account established by section 370(a). | |
| (2) ADMINISTRATORS- The term Administrators' means-- | ||
| (A) the Administrator of the National Oceanic and Atmospheric Administration; and | ||
| (B) the Director of the United States Geological Survey. | ||
| (3) BOARD- The term Board' means the Science Advisory Board established by section 367(f)(1). | ||
| (4) CENTER- The term Center' means the National Climate Change and Wildlife Science Center described by section 367(e)(1). | ||
| (1) COASTAL STATE- The term coastal State' has the meaning given the term in section 304 of the Coastal Zone Management Act of 1972 (16 U.S.C. 1453). | (5) 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). | |
| (2) CORRIDORS- The term corridors' means areas that provide connectivity, over different time scales (including seasonal or longer), of habitat or potential habitat and that facilitate the ability of terrestrial, marine, estuarine, and freshwater fish, wildlife, or plants to move within a landscape as needed for migration, gene flow, or dispersal, or in response to the impacts of climate change and ocean acidification or other impacts. | (6) 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, or to respond to the ongoing and expected impacts of climate change, including, where applicable, ocean acidification, drought, flooding, and wildfire. | ||
| (3) ECOLOGICAL PROCESSES- The term ecological processes' means biological, chemical, or physical interaction between the biotic and abiotic components of an ecosystem and includes-- | (7) ECOLOGICAL PROCESSES- The term ecological processes' means biological, chemical, or physical interaction between the biotic and abiotic components of an ecosystem, including-- | |
| (A) nutrient cycling; | = | (A) nutrient cycling; |
| (B) pollination; | (B) pollination; | |
| (C) predator-prey relationships; | (C) predator-prey relationships; | |
| (D) soil formation; | (D) soil formation; | |
| (E) gene flow; | (E) gene flow; | |
| (F) disease epizootiology; | (F) disease epizootiology; | |
| (G) larval dispersal and settlement; | (G) larval dispersal and settlement; | |
| (H) hydrological cycling; | (H) hydrological cycling; | |
| (I) decomposition; and | (I) decomposition; and | |
| (J) disturbance regimes such as fire and flooding. | <> | (J) disturbance regimes, such as fire and flooding. |
| (4) HABITAT- The term habitat' means the physical, chemical, and biological properties that are used by fish, wildlife, or plants for growth, reproduction, survival, food, water, and cover, on a tract of land, in a body of water, or in an area or region. | (8) 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 (whether on land, in water, or in an area or region). | |
| (5) 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). | (9) INDIAN TRIBE- The term Indian tribe' has the meaning given the term in section 4 of the Indian Self-Determination and Education Assistance Act (25 U.S.C. 450b). | |
| (6) NATURAL RESOURCES- The term natural resources' means the terrestrial, freshwater, estuarine, and marine fish, wildlife, plants, land, water, habitats, and ecosystems of the United States. | (10) NATURAL RESOURCES- The term natural resources' means land, wildlife, fish, air, water, estuaries, plants, habitats, and ecosystems of the United States. | |
| (7) NATURAL RESOURCES ADAPTATION- The term natural resources adaptation' means the protection, restoration, and conservation of natural resources to enable them to become more resilient, adapt to, and withstand the impacts of climate change and ocean acidification. | (11) 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, including, where applicable, ocean acidification, drought, flooding, and wildfire. | |
| (8) RESILIENCE- Each of the terms resilience' and resilient' means the ability to resist or recover from disturbance and preserve diversity, productivity, and sustainability. | (12) PANEL- The term Panel' means the Natural Resources Climate Change Adaptation Panel established under section 365(a). | |
| (13) 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. | ||
| (9) STATE- The term State' means-- | (14) STATE- The term State' means-- | |
| (A) a State of the United States; | = | (A) a State of the United States; |
| (B) the District of Columbia; and | <> | (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. | ||
| (C) the Commonwealth of Puerto Rico, Guam, the United States Virgin Islands, the Northern Mariana Islands, and American Samoa. | (15) STRATEGY- The term Strategy' means the Natural Resources Climate Change Adaptation Strategy developed under section 366(a). | |
| SEC. 474. COUNCIL ON ENVIRONMENTAL QUALITY. | SEC. 364. COUNCIL ON ENVIRONMENTAL QUALITY. | |
| The Chair of the Council on Environmental Quality shall-- | = | The Chair of the Council on Environmental Quality shall-- |
| (1) advise the President on implementation and development of-- | <> | (1) advise the President on implementing and developing-- |
| (A) a Natural Resources Climate Change Adaptation Strategy required under section 476; and | ||
| (A) the Strategy; and | ||
| (B) Federal natural resource agency adaptation plans required under section 478; | (B) the Federal natural resource agency adaptation plans required by section 368; | |
| (2) serve as the Chair of the Natural Resources Climate Change Adaptation Panel established under section 475; and | (2) serve as the Chair of the Panel established under section 365; and | |
| (3) coordinate Federal agency strategies, plans, programs, and activities related to protecting, restoring, and maintaining natural resources to become more resilient, adapt to, and withstand the impacts of climate change and ocean acidification. | (3) coordinate Federal agency strategies, plans, programs, and activities relating to protecting, restoring, and maintaining natural resources so that natural resources become more resilient, adapt to, and withstand the ongoing and expected impacts of climate change. | |
| SEC. 475. NATURAL RESOURCES CLIMATE CHANGE ADAPTATION PANEL. | SEC. 365. NATURAL RESOURCES CLIMATE CHANGE ADAPTATION PANEL. | |
| (a) Establishment- Not later than 90 days after the date of the enactment of this subpart, the President shall establish a Natural Resources Climate Change Adaptation Panel, consisting of-- | (a) Establishment- Not later than 90 days after the date of enactment of this Act, the President shall establish a Natural Resources Climate Change Adaptation Panel. | |
| (b) Duties- The Panel shall serve as a forum for interagency consultation on, and the coordination of, the development and implementation of the Strategy. | ||
| (1) the head, or their designee, of each of-- | (c) Membership- The Panel shall be composed of-- | |
| (A) the National Oceanic and Atmospheric Administration; | (1) the Administrator of the National Oceanic and Atmospheric Administration (or a designee); | |
| (B) the Forest Service; | (2) the Chief of the Forest Service (or a designee); | |
| (C) the National Park Service; | (3) the Director of the National Park Service (or a designee); | |
| (D) the United States Fish and Wildlife Service; | (4) the Director of the United States Fish and Wildlife Service (or a designee); | |
| (E) the Bureau of Land Management; | (5) the Director of the Bureau of Land Management (or a designee); | |
| (F) the United States Geological Survey; | (6) the Director of the United States Geological Survey (or a designee); | |
| (G) the Bureau of Reclamation; | (7) the Commissioner of Reclamation (or a designee); | |
| (H) the Bureau of Indian Affairs; | (8) the Director of the Bureau of Indian Affairs (or a designee); | |
| (I) the Environmental Protection Agency; and | (9) the Administrator of the Environmental Protection Agency (or a designee); | |
| (J) the Army Corps of Engineers; | (10) the Chief of Engineers (or a designee); | |
| (2) the Chair of the Council on Environmental Quality; and | (11) the Chair of the Council on Environmental Quality (or a designee); | |
| (12) the Administrator of the Federal Emergency Management Agency (or a designee); and | ||
| (3) the heads of such other Federal agencies or departments with jurisdiction over natural resources of the United States, as determined by the President. | (13) the heads of such other Federal agencies or departments with jurisdiction over natural resources of the United States, as determined by the President. | |
| (b) Functions- The Panel shall serve as a forum for interagency consultation on and the coordination of the development and implementation of a national Natural Resources Climate Change Adaptation Strategy required under section 476. | ||
| (c) Chair- The Chair of the Council on Environmental Quality shall serve as the Chair of the Panel. | (d) Chairperson- The Chair of the Council on Environmental Quality shall serve as the Chairperson of the Panel. | |
| SEC. 476. NATURAL RESOURCES CLIMATE CHANGE ADAPTATION STRATEGY. | SEC. 366. NATURAL RESOURCES CLIMATE CHANGE ADAPTATION STRATEGY. | |
| (a) In General- Not later than 1 year after the date of the enactment of this subpart, the President, through the Natural Resources Climate Change Adaptation Panel established under section 475, shall develop a Natural Resources Climate Change Adaptation Strategy to protect, restore, and conserve natural resources to enable them to become more resilient, adapt to, and withstand the impacts of climate change and ocean acidification and to identify opportunities to mitigate those impacts. | (a) In General- Not later than 1 year after the date of enactment of this Act, the Panel shall develop a Natural Resources Climate Change Adaptation Strategy-- | |
| (1) to protect, restore, and conserve natural resources so that natural resources become more resilient, adapt to, and withstand the ongoing and expected impacts of climate change; and | ||
| (2) to identify opportunities to mitigate the ongoing and expected impacts of climate change. | ||
| (b) Development and Revision- In developing and revising the Strategy, the Panel shall-- | (b) Development- In developing and revising the Strategy, the Panel shall-- | |
| (1) base the strategy on the best available science; | = | (1) base the strategy on the best available science; |
| (2) develop the strategy in close cooperation with States and Indian tribes; | (2) develop the strategy in close cooperation with States and Indian tribes; | |
| (3) coordinate with other Federal agencies as appropriate; | <> | (3) coordinate with other Federal agencies, as appropriate; |
| (4) consult with local governments, conservation organizations, scientists, and other interested stakeholders; | (4) consult with local governments, conservation organizations, scientists, and other interested stakeholders; and | |
| (5) provide public notice and opportunity for comment; and | (5) provide public notice and opportunity for comment. | |
| (c) 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 | ||
| (6) review and revise the Strategy every 5 years to incorporate new information regarding the impacts of climate change and ocean acidification on natural resources and advances in the development of strategies for becoming more resilient and adapting to those impacts. | (2) new advances in the development of strategies that make natural resources more resilient or able to adapt to the ongoing and expected impacts of climate change. | |
| (c) Contents- The National Resources Adaptation Strategy shall include-- | (d) Contents- The Strategy shall-- | |
| (1) an assessment of the vulnerability of natural resources to climate change and ocean acidification, including the short-term, medium-term, long-term, cumulative, and synergistic impacts; | (1) assess the vulnerability of natural resources to climate change, including short-term, medium-term, long-term, cumulative, and synergistic impacts; | |
| (2) a description of current research, observation, and monitoring activities at the Federal, State, tribal, and local level related to the impacts of climate change and ocean acidification on natural resources, as well as identification of research and data needs and priorities; | (2) describe current research, observation, and monitoring activities at the Federal, State, tribal, and local level related to the ongoing and expected impacts of climate change on natural resources; | |
| (3) identify and prioritize research and data needs; | ||
| (3) identification of natural resources that are likely to have the greatest need for protection, restoration, and conservation because of the adverse effects of climate change and ocean acidification; | (4) identify natural resources likely to have the greatest need for protection, restoration, and conservation due to the ongoing and expanding impacts of climate change; | |
| (4) specific protocols for integrating climate change and ocean acidification adaptation strategies and activities into the conservation and management of natural resources by Federal departments and agencies to ensure consistency across agency jurisdictions and resources; | (5) include specific protocols for integrating natural resources adaptation strategies and activities into the conservation and management of natural resources by Federal departments and agencies to ensure consistency across agency jurisdictions; | |
| (5) specific actions that Federal departments and agencies shall take to protect, conserve, and restore natural resources to become more resilient, adapt to, and withstand the impacts of climate change and ocean acidification, including a timeline to implement those actions; | (6) include specific actions that Federal departments and agencies shall take to protect, conserve, and restore natural resources to become more resilient, adapt to, and withstand the ongoing and expected impacts of climate change, including a timeline to implement those actions; | |
| (7) include specific mechanisms for ensuring communication and coordination-- | ||
| (A) among Federal departments and agencies; and | ||
| (6) specific mechanisms for ensuring communication and coordination among Federal departments and agencies, and between Federal departments and agencies and State natural resource agencies, United States territories, Indian tribes, private landowners, conservation organizations, and other nations that share jurisdiction over natural resources with the United States; | (B) between Federal departments and agencies and State natural resource agencies, United States territories, Indian tribes, private landowners, conservation organizations, and other countries that share jurisdiction over natural resources with the United States; | |
| (7) specific actions to develop and implement consistent natural resources inventory and monitoring protocols through interagency coordination and collaboration; and | (8) include specific actions to develop and implement consistent natural resources inventory and monitoring protocols through interagency coordination and collaboration; and | |
| (8) a process for guiding the development of detailed agency- and department-specific adaptation plans required under section 478 to address the impacts of climate change and ocean acidification on the natural resources in the jurisdiction of each agency. | (9) include procedures for guiding the development of detailed agency- and department-specific adaptation plans required under section 368. | |
| (d) Implementation- Consistent with its authorities under other laws and with Federal trust responsibilities with respect to Indian lands, each Federal department or agency with representation on the National Resources Climate Change Adaptation Panel shall consider the impacts of climate change and ocean acidification and integrate the elements of the strategy into agency plans, environmental reviews, programs, and activities related to the conservation, restoration, and management of natural resources. | (e) Implementation- Consistent with other laws and Federal trust responsibilities concerning Indian land, each Federal department or agency represented on the Panel shall integrate the elements of the Strategy that relate to conservation, restoration, and management of natural resources into agency plans, environmental reviews, programs, and activities. | |
| SEC. 477. NATURAL RESOURCES ADAPTATION SCIENCE AND INFORMATION. | SEC. 367. NATURAL RESOURCES ADAPTATION SCIENCE AND INFORMATION. | |
| (a) Coordination- Not later than 90 days after the date of the enactment of this subpart, the Secretary of Commerce, acting through the Administrator of the National Oceanic and Atmospheric Administration, and the Secretary of the Interior, acting through the Director of the United States Geological Survey, shall establish a coordinated process for developing and providing science and information needed to assess and address the impacts of climate change and ocean acidification on natural resources. The process shall be led by the National Climate Change and Wildlife Science Center established within the United States Geological Survey under subsection (d) and the National Climate Service of the National Oceanic and Atmospheric Administration. | (a) Coordination- Not later than 90 days after the date of enactment of this Act, the Administrators shall establish coordinated procedures for developing and providing science and information necessary to address the ongoing and expected impacts of climate change on natural resources. | |
| (b) Oversight- The National Climate Change and Wildlife Science Center established under subsection (e) and the National Climate Service of the National Oceanic and Atmospheric Administration shall oversee development of the procedures. | ||
| (b) Functions- The Secretaries shall ensure that such process avoids duplication and that the National Oceanic and Atmospheric Administration and the United States Geological Survey shall-- | (c) Functions- The Administrators shall-- | |
| (1) ensure that the procedures required under subsection (a) avoid duplication; and | ||
| (2) ensure that the National Oceanic and Atmospheric Administration and the United States Geological Survey-- | ||
| (1) provide technical assistance to Federal departments and agencies, State and local governments, Indian tribes, and interested private landowners in their efforts to assess and address the impacts of climate change and ocean acidification on natural resources; | (A) provide technical assistance to Federal departments and agencies, State and local governments, Indian tribes, and interested private landowners that are pursuing the goals of addressing the ongoing and expected impacts of climate change on natural resources; | |
| (2) conduct and sponsor research and provide Federal departments and agencies, State and local governments, Indian tribes, and interested private landowners with research products, decision and monitoring tools and information, to develop strategies for assisting natural resources to become more resilient, adapt to, and withstand the impacts of climate change and ocean acidification; and | (B) conduct and sponsor research to develop strategies that increase the ability of natural resources to become more resilient, adapt to, and withstand the ongoing and expected impacts of climate change; | |
| (C) provide Federal departments and agencies, State and local governments, Indian tribes, and interested private landowners with research products, decision and monitoring tools, and information to develop strategies that increase the ability of natural resources to become more resilient, adapt to, and withstand the ongoing and expected impacts of climate change; and | ||
| (3) assist Federal departments and agencies in the development of the adaptation plans required under section 478. | (D) assist Federal departments and agencies in the development of adaptation plans required by section 368. | |
| (c) Survey- Not later than 1 year after the date of enactment of this subpart and every 5 years thereafter, the Secretary of Commerce and the Secretary of the Interior shall undertake a climate change and ocean acidification impact survey that-- | (d) Survey- Not later than 1 year after the date of enactment of this Act, and every 5 years thereafter, the Secretary of Commerce and the Secretary of the Interior shall conduct a climate change impact survey that-- | |
| (1) identifies natural resources considered likely to be adversely affected by climate change and ocean acidification; | (1) identifies natural resources considered likely to be adversely affected by climate change; | |
| (2) includes baseline monitoring and ongoing trend analysis; | = | (2) includes baseline monitoring and ongoing trend analysis; |
| (3) uses a stakeholder process to identify and prioritize needed monitoring and research that is of greatest relevance to the ongoing needs of natural resource managers to address the impacts of climate change and ocean acidification; and | <> | (3) with input from stakeholders, identifies and prioritizes necessary monitoring and research that is most relevant to the needs of natural resource managers to address the ongoing and expected impacts of climate change and to promote resilience; and |
| (4) identifies decision tools necessary to develop strategies for assisting natural resources to become more resilient and adapt to and withstand the impacts of climate change and ocean acidification. | (4) identifies the decision tools necessary to develop strategies that increase the ability of natural resources to become more resilient, adapt to, and withstand the ongoing and expected impacts of climate change. | |
| (d) National Climate Change and Wildlife Science Center- | (e) National Climate Change and Wildlife Science Center- | |
| (1) ESTABLISHMENT- The Secretary of the Interior shall establish the National Climate Change and Wildlife Science Center within the United States Geological Survey. | = | (1) ESTABLISHMENT- The Secretary of the Interior shall establish the National Climate Change and Wildlife Science Center within the United States Geological Survey. |
| (2) FUNCTIONS- The Center shall, in collaboration with Federal and State natural resources agencies and departments, Indian tribes, universities, and other partner organizations-- | <> | (2) FUNCTIONS- In collaboration with Federal and State natural resources agencies and departments, Indian tribes, universities, and other partner organizations, the Center shall-- |
| (A) assess and synthesize current physical and biological knowledge and prioritize scientific gaps in such knowledge in order to forecast the ecological impacts of climate change on fish and wildlife at the ecosystem, habitat, community, population, and species levels; | (A) assess and synthesize current physical and biological knowledge; | |
| (B) prioritize scientific gaps in such knowledge in order to forecast the ecological impacts of climate change, including, where applicable, ocean acidification, drought, flooding, and wildfire on fish and wildlife at the ecosystem, habitat, community, population, and species levels; | ||
| (B) develop and improve tools to identify, evaluate, and, where appropriate, link scientific approaches and models for forecasting the impacts of climate change and adaptation on fish, wildlife, plants, and their habitats, including monitoring, predictive models, vulnerability analyses, risk assessments, and decision support systems to help managers make informed decisions; | (C) develop and improve tools to identify, evaluate, and link scientific approaches and models that forecast the impacts of climate change, including, where applicable, ocean acidification, drought, flooding, and wildfire on fish, wildlife, plants, and associated habitats, including-- | |
| (i) monitoring; | ||
| (ii) predictive models; | ||
| (iii) vulnerability analyses; | ||
| (iv) risk assessments; and | ||
| (v) decision support systems that help managers make informed decisions; | ||
| (C) develop and evaluate tools to adaptively manage and monitor the effects of climate change on fish and wildlife at national, regional, and local scales; and | (D) develop and evaluate tools to adaptively manage and monitor the effects of climate change (including tools for the collection of data) on fish and wildlife on the national, regional, and local level; and | |
| (D) develop capacities for sharing standardized data and the synthesis of such data. | (E) develop capacities for sharing standardized data and the synthesis of the data described in subparagraph (D). | |
| (e) Science Advisory Board- | (f) Science Advisory Board- | |
| (1) ESTABLISHMENT- Not later than 180 days after the date of enactment of this subpart, the Secretary of Commerce and the Secretary of the Interior shall establish and appoint the members of a Science Advisory Board, to be comprised of not fewer than 10 and not more than 20 members-- | (1) ESTABLISHMENT- Not later than 180 days after the date of enactment of this Act, the Secretary of Commerce and the Secretary of the Interior shall establish and appoint the members of the Science Advisory Board. | |
| (2) MEMBERSHIP- The Board shall be comprised of not fewer than 10 and not more than 20 members-- | ||
| (A) who have expertise in fish, wildlife, plant, aquatic, and coastal and marine biology, ecology, climate change, ocean acidification, and other relevant scientific disciplines; | (A) who have expertise in fish, wildlife, plant, aquatic, and coastal and marine biology, ecology, climate change, including, where applicable, ocean acidification, drought, flooding, and wildfire, and other relevant scientific disciplines; | |
| (B) who represent a balanced membership among Federal, State, Indian tribes, and local representatives, universities, and conservation organizations; and | (B) who represent a balanced membership among Federal, State, tribal, and local representatives, universities, and conservation organizations; and | |
| (C) at least 1/2 of whom are recommended by the President of the National Academy of Sciences. | = | (C) at least 1/2 of whom are recommended by the President of the National Academy of Sciences. |
| (2) DUTIES- The Science Advisory Board shall-- | <> | (3) DUTIES- The Board shall-- |
| (A) advise the Secretaries on the state-of-the-science regarding the impacts of climate change and ocean acidification on natural resources and scientific strategies and mechanisms for protecting, restoring, and conserving natural resources to enable them to become more resilient, adapt to, and withstand the impacts of climate change and ocean acidification; and | (A) advise the Secretary of Commerce and the Secretary of the Interior on the state of the science regarding-- | |
| (i) the ongoing and expected impacts of climate change, including, where applicable, ocean acidification, drought, flooding, and wildfire on natural resources; and | ||
| (ii) scientific strategies and mechanisms for protecting, restoring, and conserving natural resources so natural resources become more resilient, adapt to, and withstand the ongoing and expected impacts of climate change, including, where applicable, ocean acidification, drought, flooding, and wildfire; and | ||
| (B) identify and recommend priorities for ongoing research needs on such issues. | (B) identify and recommend priorities for ongoing research needs on the issues described in subparagraph (A). | |
| (3) COLLABORATION- The Science Advisory Board shall collaborate with other climate change and ecosystem research entities in other Federal agencies and departments. | (4) COLLABORATION- The Board shall collaborate with climate change and ecosystem research entities in other Federal agencies and departments. | |
| (4) AVAILABILITY TO THE PUBLIC- The advice and recommendations of the Science Advisory Board shall be made available to the public. | (5) AVAILABILITY TO PUBLIC- The advice and recommendations of the Board shall be made available to the public. | |
| SEC. 478. FEDERAL NATURAL RESOURCE AGENCY ADAPTATION PLANS. | SEC. 368. FEDERAL NATURAL RESOURCE AGENCY ADAPTATION PLANS. | |
| (a) Development- Not later than 1 year after the date of the development of a Natural Resources Climate Change Adaptation Strategy under section 476, each department or agency that has a representative on the Natural Resources Climate Change Adaptation Panel established under section 475 shall-- | (a) Development- Not later than 1 year after the date of development of the Strategy, each department or agency with representation on the Panel shall-- | |
| (1) complete an adaptation plan for that department or agency, respectively, implementing the Natural Resources Climate Change Adaptation Strategy under section 476 and consistent with the Natural Resources Climate Change Adaptation Policy under section 472, detailing the department's or agency's current and projected efforts to address the potential impacts of climate change and ocean acidification on natural resources within the department's or agency's jurisdiction and necessary additional actions, including a timeline for implementation of those actions; | (1) complete an adaptation plan for that department or agency that-- | |
| (A) implements the Strategy and is consistent with the natural resources climate change adaptation policy required by section 362; | ||
| (B) details the ongoing and expanding actions of the department or agency, and any changes in decisionmaking processes necessary to increase the ability of resources under the jurisdiction of the department or agency and, to the maximum extent practicable, resources under the jurisdiction of other departments and agencies that may be significantly affected by decisions of the department or agency, to become more resilient, adapt to, and withstand the ongoing and expected impacts of climate change, including, where applicable, ocean acidification, drought, flooding, and wildfire; and | ||
| (C) includes a timeline for implementation; | ||
| (2) provide opportunities for review and comment on that adaptation plan by the public, including in the case of a plan by the Bureau of Indian Affairs, review by Indian tribes; and | (2) provide opportunities for public review and comment on the adaptation plan, and in the case of a plan by the Bureau of Indian Affairs, review by Indian tribes; and | |
| (3) submit such plan to the President for approval. | (3) submit the plan to the President for approval. | |
| (b) Review by President and Submission to Congress- | = | (b) Review by President and Submission to Congress- |
| (1) REVIEW BY PRESIDENT- The President shall-- | (1) REVIEW BY PRESIDENT- The President shall-- | |
| (A) approve an adaptation plan submitted under subsection (a)(3) if the plan meets the requirements of subsection (c) and is consistent with the strategy developed under section 476; | <> | (A) approve an adaptation plan submitted under subsection (a)(3) if the plan meets the requirements of subsection (c) and is consistent with the Strategy; and |
| (B) decide whether to approve the plan within 60 days after submission; and | (B) decide whether to approve the plan within 60 days of submission. | |
| (C) if the President disapproves a plan, direct the department or agency to submit a revised plan to the President under subsection (a)(3) within 60 days after such disapproval. | (2) DISAPPROVAL- If the President disapproves an adaptation plan, the President shall direct the department or agency to submit a revised plan within 60 days of that disapproval. | |
| (2) SUBMISSION TO CONGRESS- Not later than 30 days after the date of approval of such adaptation plan by the President, the department or agency shall submit the approved plan to the Committee on Natural Resources of the House of Representatives, the Committee on Energy and Natural Resources of the Senate, and the committees of the House of Representatives and the Senate with principal jurisdiction over the department or agency. | (3) SUBMISSION TO CONGRESS- Not later than 30 days after the date of approval of an adaptation plan by the President, the department or agency shall submit the plan 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 department or agency. | ||
| (c) Requirements- Each adaptation plan shall-- | = | (c) Requirements- Each adaptation plan shall-- |
| (1) establish programs for assessing the current and future impacts of climate change and ocean acidification on natural resources within the department's or agency's, respectively, jurisdiction, including cumulative and synergistic effects, and for identifying and monitoring those natural resources that are likely to be adversely affected and that have need for conservation; | <> | (1) establish programs for assessing the ongoing and expected impacts of climate change, including, where applicable, ocean acidification, drought, flooding, and wildfire on natural resources under the jurisdiction of the department or agency preparing the plan, including-- |
| (A) assessment of cumulative and synergistic effects; and | ||
| (B) programs that identify and monitor natural resources likely to be adversely affected and that have need for conservation; | ||
| (2) identify and prioritize the department's or agency's strategies and specific conservation actions to address the current and future impacts of climate change and ocean acidification on natural resources within the scope of the department's or agency's jurisdiction and to develop and implement strategies to protect, restore, and conserve such resources to become more resilient, adapt to, and better withstand those impacts, including-- | (2) identify and prioritize-- | |
| (A) the strategies of the department or agency preparing the plan; | ||
| (B) the specific conservation actions that address the ongoing and expected impacts of climate change, including, where applicable, ocean acidification, drought, flooding, and wildfire on natural resources under jurisdiction of the department or agency preparing the plan; | ||
| (C) strategies to protect, restore, and conserve such resources to become more resilient, adapt to, and better withstand those impacts, including-- | ||
| (A) the protection, restoration, and conservation of terrestrial, marine, estuarine, and freshwater habitats and ecosystems; | (i) protection, restoration, and conservation of terrestrial, marine, estuarine, and freshwater habitats and ecosystems; | |
| (B) the establishment of terrestrial, marine, estuarine, and freshwater habitat linkages and corridors; | (ii) establishment of terrestrial, marine, estuarine, and freshwater habitat linkages and corridors; | |
| (C) the restoration and conservation of ecological processes; | (iii) restoration and conservation of ecological processes; | |
| (D) the protection of a broad diversity of native species of fish, wildlife, and plant populations across their range; and | (iv) protection of a broad diversity of native species of fish, wildlife, and plant populations across the ranges of those species; and | |
| (E) the protection of fish, wildlife, and plant health, recognizing that climate can alter the distribution and ecology of parasites, pathogens, and vectors; | (v) protection of fish, wildlife, and plant health, recognizing that climate can alter the distribution and ecology of parasites, pathogens, and vectors; | |
| (3) describe how the department or agency will integrate such strategies and conservation activities into plans, programs, activities, and actions of the department or agency, related to the conservation and management of natural resources and establish new plans, programs, activities, and actions as necessary; | (3) describe how the department or agency will-- | |
| (A) integrate the strategies and conservation activities into plans, programs, activities, and actions of the department or agency relating to the conservation and management of natural resources; and | ||
| (B) establish new plans, programs, activities, and actions, if necessary; | ||
| (4) establish methods for assessing the effectiveness of strategies and conservation actions taken to protect, restore, and conserve natural resources to enable them to become more resilient, adapt to, and withstand the impacts of climate change and ocean acidification, and for updating those strategies and actions to respond to new information and changing conditions; | (4) establish methods-- | |
| (A) to assess the effectiveness of strategies and conservation actions the department or agency takes to protect, restore, and conserve natural resources so natural resources become more resilient, adapt to, and withstand the ongoing and expected impacts of climate change; and | ||
| (B) to update those strategies and actions to respond to new information and changing conditions; | ||
| (5) include a description of current and proposed mechanisms to enhance cooperation and coordination of natural resources adaptation efforts with other Federal agencies, State and local governments, Indian tribes, and nongovernmental stakeholders; | (5) describe current and proposed mechanisms to enhance cooperation and coordination of natural resources adaptation efforts with other Federal agencies, State and local governments, Indian tribes, and nongovernmental stakeholders; | |
| (6) include specific written guidance to resource managers to-- | (6) include written guidance to resource managers that-- | |
| (A) explain how managers are expected to address the effects of climate change and ocean acidification; | (A) explains how managers are expected to address the ongoing and expected effects of climate change, including, where applicable, ocean acidification, drought, flooding, and wildfire; | |
| (B) identify how managers are to obtain any site-specific information that may be necessary; and | (B) identifies how managers shall obtain any necessary site-specific information; and | |
| (C) reflect best practices shared among relevant agencies, while also recognizing the unique missions, objectives, and responsibilities of each agency; and | (C) reflects best practices shared among relevant agencies, but recognizes the unique missions, objectives, and responsibilities of each agency; | |
| (7) identify and assess data and information gaps necessary to develop natural resources adaptation plans and strategies. | (7) identify and assess data and information gaps necessary to develop natural resources adaptation plans and strategies; and | |
| (8) consider strategies that engage youth and young adults (including youth and young adults working in full-time or part-time youth service or conservation corps programs) to provide the youth and young adults with opportunities for meaningful conservation and community service and to encourage opportunities for employment in the private sector through partnerships with employers. | ||
| (d) Implementation- | = | (d) Implementation- |
| (1) IN GENERAL- Upon approval by the President, each department or agency that serves on the Natural Resources Climate Change Adaptation Panel shall implement its adaptation plan through existing and new plans, policies, programs, activities, and actions to the extent not inconsistent with existing authority. | <> | (1) IN GENERAL- Upon approval by the President, each department or agency with representation on the Panel shall, consistent with existing authority, implement the adaptation plan of the department or agency through existing and new plans, policies, programs, activities, and actions. |
| (2) CONSIDERATION OF IMPACTS- | = | (2) CONSIDERATION OF IMPACTS- |
| (A) IN GENERAL- To the maximum extent practicable and consistent with applicable law, every natural resource management decision made by the department or agency shall consider the impacts of climate change and ocean acidification on those natural resources. | <> | (A) IN GENERAL- To the maximum extent practicable and consistent with existing authority, natural resource management decisions made by the department or agency shall-- |
| (i) consider the ongoing and expected impacts of climate change, including, where applicable, ocean acidification, drought, flooding, nd wildfire on natural resources; and | ||
| (ii) choose alternatives that will avoid and minimize those impacts and promote resilience. | ||
| (B) GUIDANCE- The Council on Environmental Quality shall issue guidance for Federal departments and agencies for considering those impacts. | (B) GUIDANCE- The Council on Environmental Quality shall provide guidance for Federal departments and agencies considering those impacts and choosing alternatives that will avoid and minimize those impacts and promote resilience. | |
| (e) Revision and Review- Not less than every 5 years, each adaptation plan under this section shall be reviewed and revised to incorporate the best available science and other information regarding the impacts of climate change and ocean acidification on natural resources. | (e) Revision and Review- Not less than every 5 years, each department or agency shall review and revise the adaptation plan of the department or agency to incorporate the best available science, and other information, regarding the ongoing and expected impacts of climate change on natural resources. | |
| SEC. 479. STATE NATURAL RESOURCES ADAPTATION PLANS. | SEC. 369. STATE NATURAL RESOURCES ADAPTATION PLANS. | |
| (a) Requirement- In order to be eligible for funds under section 480, not later than 1 year after the development of a Natural Resources Climate Change Adaptation Strategy required under section 476 each State shall prepare a State natural resources adaptation plan detailing the State's current and projected efforts to address the potential impacts of climate change and ocean acidification on natural resources and coastal areas within the State's jurisdiction. | (a) Requirement- In order to be eligible for funds under section 370, not later than 1 year after the development of the Strategy, each State shall prepare a State natural resources adaptation plan detailing current and future efforts of the State to address the ongoing and expected impacts of climate change on natural resources and coastal areas within the jurisdiction of the State. | |
| (b) Review or Approval- | = | (b) Review or Approval- |
| (1) IN GENERAL- Each State adaptation plan shall be reviewed and approved or disapproved by the Secretary of the Interior and, as applicable, the Secretary of Commerce. Such approval shall be granted if the plan meets the requirements of subsection (c) and is consistent with the Natural Resources Climate Change Adaptation Strategy required under section 476. | <> | (1) IN GENERAL- The Secretary of the Interior and, as applicable, the Secretary of Commerce shall review each State adaptation plan, and approve the plan if the plan-- |
| (A) meets the requirements of subsection (c); and | ||
| (B) is consistent with the Strategy. | ||
| (2) APPROVAL OR DISAPPROVAL- Within 180 days after transmittal of such a plan, or a revision to such a plan, the Secretary of the Interior and, as applicable, the Secretary of Commerce shall approve or disapprove the plan by written notice. | (2) APPROVAL OR DISAPPROVAL- The Secretary of the Interior and, as applicable, the Secretary of Commerce shall approve or disapprove the plan by written notice not later than 180 days after the date of submission of the plan (or a revised plan). | |
| (3) RESUBMITTAL- Within 90 days after transmittal of a resubmitted adaptation plan as a result of disapproval under paragraph (3), the Secretary of the Interior and, as applicable, the Secretary of Commerce, shall approve or disapprove the plan by written notice. | (3) RESUBMISSION- Not later than 90 days after the date of resubmission of an adaptation plan that has been disapproved under paragraph (2), the Secretary of the Interior and, as applicable, the Secretary of Commerce, shall approve or disapprove the plan by written notice. | |
| (c) Contents- A State natural resources adaptation plan shall-- | = | (c) Contents- A State natural resources adaptation plan shall-- |
| (1) include a strategy for addressing the impacts of climate change and ocean acidification on terrestrial, marine, estuarine, and freshwater fish, wildlife, plants, habitats, ecosystems, wildlife health, and ecological processes, that-- | <> | (1) include strategies for addressing the ongoing and expected impacts of climate change, including, where applicable, ocean acidification, drought, flooding, and wildfire on terrestrial, marine, estuarine, and freshwater fish, wildlife, plants, habitats, ecosystems, wildlife health, and ecological processes that-- |
| (A) describes the impacts of climate change and ocean acidification on the diversity and health of the fish, wildlife and plant populations, habitats, ecosystems, and associated ecological processes; | (A) describe the ongoing and expected impacts of climate change, including, where applicable, ocean acidification, drought, flooding, and wildfire on the diversity and health of fish, wildlife and plant populations, habitats, ecosystems, and associated ecological processes; | |
| (B) establishes programs for monitoring the impacts of climate change and ocean acidification on fish, wildlife, and plant populations, habitats, ecosystems, and associated ecological processes; | (B) establish programs for monitoring the ongoing and expected impacts of climate change, including, where applicable, ocean acidification, drought, flooding, and wildfire on fish, wildlife, and plant populations, habitats, ecosystems, and associated ecological processes; | |
| (C) describes and prioritizes proposed conservation actions to assist fish, wildlife, plant populations, habitats, ecosystems, and associated ecological processes in becoming more resilient, adapting to, and better withstanding those impacts; | (C) describe and prioritize proposed conservation actions that increase the ability of fish, wildlife, plant populations, habitats, ecosystems, and associated ecological processes to become more resilient, adapt to, and better withstand those impacts; | |
| (D) consider strategies that engage youth and young adults (including youth and young adults working in full-time or part-time youth service or conservation corps programs) to provide the youth and young adults with opportunities for meaningful conservation and community service and to encourage opportunities for employment in the private sector through partnerships with employers; | ||
| (E) integrate protection and restoration of resource resilience into agency decision making and specific conservation actions; | ||
| (D) includes strategies, specific conservation actions, and a time frame for implementing conservation actions for fish, wildlife, and plant populations, habitats, ecosystems, and associated ecological processes; | (F) include a time frame for implementing conservation actions for fish, wildlife, and plant populations, habitats, ecosystems, and associated ecological processes; | |
| (E) establishes methods for assessing the effectiveness of strategies and conservation actions taken to assist fish, wildlife, and plant populations, habitats, ecosystems, and associated ecological processes in becoming more resilient, adapt to, and better withstand the impacts of climate changes and ocean acidification and for updating those strategies and actions to respond appropriately to new information or changing conditions; | (G) establish methods-- | |
| (i) for assessing the effectiveness of strategies and conservation actions taken to increase the ability of fish, wildlife, and plant populations, habitats, ecosystems, and associated ecological processes to become more resilient, adapt to, and better withstand the ongoing and expected impacts of climate changes, including, where applicable, ocean acidification, drought, flooding, and wildfire; and | ||
| (ii) for updating strategies and actions to respond appropriately to new information or changing conditions; | ||
| (F) is incorporated into a revision of the State wildlife action plan (also known as the State comprehensive wildlife strategy)-- | (H) are incorporated into a revision of the State wildlife action plan (also known as the State comprehensive wildlife strategy) that has been-- | |
| (i) that has been submitted to the United States Fish and Wildlife Service; and | (i) submitted to the United States Fish and Wildlife Service; and | |
| (ii) that has been approved by the Service or on which a decision on approval is pending; and | (ii) approved, or is pending approval, by the United States Fish and Wildlife Service; and | |
| (G) is developed-- | (I) are developed-- | |
| (i) with the participation of the State fish and wildlife agency, the State coastal agency, the State agency responsible for administration of Land and Water Conservation Fund grants, the State Forest Legacy program coordinator, and other State agencies considered appropriate by the Governor of such State; and | (i) with the participation of the State fish and wildlife agency, the State coastal agency, the State agency responsible for administration of Land and Water Conservation Fund grants, the State Forest Legacy program coordinator, and other State agencies considered appropriate by the Governor of the State; | |
| (ii) in coordination with the Secretary of the Interior, and where applicable, the Secretary of Commerce and other States that share jurisdiction over natural resources with the State; and | (ii) in coordination with the Secretary of the Interior, and where applicable, the Secretary of Commerce; and | |
| (iii) in coordination with other States that share jurisdiction over natural resources with the State; and | ||
| (2) include, in the case of a coastal State, a strategy for addressing the impacts of climate change and ocean acidification on the coastal zone that-- | (2) in the case of a coastal State, include strategies for addressing the ongoing and expected impacts of climate change, including, where applicable, ocean acidification, drought, flooding, and wildfire on a coastal zone that-- | |
| (A) identifies natural resources that are likely to be impacted by climate change and ocean acidification and describes those impacts; | (A) identify natural resources likely to be impacted by climate change, and describe the impacts; | |
| (B) identifies and prioritizes continuing research and data collection needed to address those impacts including-- | (B) identify and prioritize continuing research and data collection needed to address the impacts, including-- | |
| (i) acquisition of high resolution coastal elevation and nearshore bathymetry data; | (i) acquisition of high-resolution coastal elevation and nearshore bathymetry data; | |
| (ii) historic shoreline position maps, erosion rates, and inventories of shoreline features and structures; | = | (ii) historic shoreline position maps, erosion rates, and inventories of shoreline features and structures; |
| (iii) measures and models of relative rates of sea level rise or lake level changes, including effects on flooding, storm surge, inundation, and coastal geological processes; | (iii) measures and models of relative rates of sea level rise or lake level changes, including effects on flooding, storm surge, inundation, and coastal geological processes; | |
| (iv) habitat loss, including projected losses of coastal wetlands and potentials for inland migration of natural shoreline habitats; | <> | (iv) measures and models of habitat loss, including projected losses of coastal wetlands and potentials for inland migration of natural shoreline habitats; |
| (v) ocean and coastal species and ecosystem migrations, and changes in species population dynamics; | (v) measures and models of ocean and coastal species and ecosystem migrations, and changes in species population dynamics; | |
| (vi) changes in storm frequency, intensity, or rainfall patterns; | = | (vi) changes in storm frequency, intensity, or rainfall patterns; |
| (vii) saltwater intrusion into coastal rivers and aquifers; | <> | (vii) measures and models of saltwater intrusion into coastal rivers and aquifers; |
| (viii) changes in chemical or physical characteristics of marine and estuarine systems; | (viii) changes in chemical or physical characteristics of marine and estuarine systems, including the presence, extent, and timing of hypoxic and anoxic conditions; | |
| (ix) increased harmful algal blooms; and | (ix) measures and models of increased harmful algal blooms; and | |
| (x) spread of invasive species; | (x) measures and models of the spread of invasive species; | |
| (C) identifies and prioritizes adaptation strategies to protect, restore, and conserve natural resources to enable them to become more resilient, adapt to, and withstand the impacts of climate change and ocean acidification, including-- | (C) identify and prioritize adaptation strategies to protect, restore, and conserve natural resources to enable natural resources to become more resilient, adapt to, and withstand the ongoing and expected impacts of climate change, including, where applicable, ocean acidification, drought, flooding, and wildfire, including-- | |
| (i) protection, maintenance, and restoration of ecologically important coastal lands, coastal and ocean ecosystems, and species biodiversity and the establishment of habitat buffer zones, migration corridors, and climate refugia; and | = | (i) protection, maintenance, and restoration of ecologically important coastal lands, coastal and ocean ecosystems, and species biodiversity and the establishment of habitat buffer zones, migration corridors, and climate refugia; and |
| (ii) improved planning, siting policies, and hazard mitigation strategies; | <> | (ii) improved planning, siting policies, hazard mitigation strategies, and State property insurance programs; |
| (D) establishes programs for the long-term monitoring of the impacts of climate change and ocean acidification on the ocean and coastal zone and to assess and adjust, when necessary, such adaptive management strategies; | (D) establish programs-- | |
| (i) for the long-term monitoring of the ongoing and expected impacts of climate change, including, where applicable, ocean acidification, drought, flooding, and wildfire on the ocean and coastal zone; and | ||
| (ii) assess and adjust, when necessary, the adaptive management strategies; | ||
| (E) establishes performance measures for assessing the effectiveness of adaptation strategies intended to improve resilience and the ability of natural resources in the coastal zone to adapt to and withstand the impacts of climate change and ocean acidification and of adaptation strategies intended to minimize those impacts on the coastal zone and to update those strategies to respond to new information or changing conditions; and | (E) establish performance measures that-- | |
| (i) assess the effectiveness of adaptation strategies intended to improve resilience and the ability of natural resources to adapt to and withstand the ongoing and expected impacts of climate change, including, where applicable, ocean acidification, drought, flooding, and wildfire; | ||
| (ii) assess the effectiveness of adaptation strategies intended to minimize those impacts on the coastal zone; and | ||
| (iii) update the strategies to respond to new information or changing conditions; and | ||
| (F) are developed-- | ||
| (F) is developed with the participation of the State coastal agency and other appropriate State agencies and in coordination with the Secretary of Commerce and other appropriate Federal agencies. | (i) with the participation of the State coastal agency and other appropriate State agencies; and | |
| (ii) in coordination with the Secretary of Commerce and other appropriate Federal agencies. | ||
| (d) Public Input- States shall provide for solicitation and consideration of public and independent scientific input in the development of their plans. | (d) Public Input- In developing the adaptation plan, a State shall provide for solicitation and consideration of public input and independent scientific input. | |
| (e) Coordination With Other Plans- The State plan shall take into consideration research and information contained in, and coordinate with and integrate the goals and measures identified in, as appropriate, other natural resources conservation strategies, including-- | (e) Coordination With Other Plans- The State adaptation plan shall review research and information and, where appropriate, integrate the goals and measures set forth in other natural resources conservation strategies, including-- | |
| (1) the national fish habitat action plan; | = | (1) the National Fish Habitat Action Plan; |
| (2) plans under the North American Wetlands Conservation Act (16 U.S.C. 4401 et seq.); | (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'; | (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.); | (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.); | (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; | (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)); | (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); | (8) habitat conservation plans under section 10 of that Act (16 U.S.C. 1539); | |
| (9) other Federal, State, and tribal plans for imperiled species; | (9) other Federal, State, and tribal plans for imperiled species; | |
| (10) State or tribal hazard mitigation plans; | (10) State or tribal hazard mitigation plans; | |
| (11) State or tribal water management plans; and | <> | (11) State or tribal water management plans; |
| (12) State property insurance programs; and | ||
| (12) other State-based strategies that comprehensively implement adaptation activities to remediate the effects of climate change and ocean acidification on terrestrial, marine, and freshwater fish, wildlife, plants, and other natural resources. | (13) other State-based strategies that comprehensively implement adaptation activities to remediate the ongoing and expected effects of climate change, including, where applicable, ocean acidification, drought, flooding, and wildfire, on terrestrial, marine, and freshwater fish, wildlife, plants, and other natural resources. | |
| (f) Updating- Each State plan shall be updated not less than every 5 years. | (f) Updating- Each State plan shall be updated at least every 5 years. | |
| (g) Funding- | = | (g) Funding- |
| (1) IN GENERAL- Funds allocated to States under section 480 shall be used only for activities that are consistent with a State natural resources adaptation plan that has been approved by the Secretaries of Interior and Commerce. | <> | (1) IN GENERAL- Funds allocated to States under section 370 shall be used only for activities consistent with a State natural resources adaptation plan approved by the Secretary of the Interior 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 subpart or the date on which a State receives approval for the State strategy, a State shall be eligible to receive funding under section 480 for adaptation activities that are-- | (2) FUNDING PRIOR TO THE APPROVAL OF A STATE PLAN- Until the earlier of the date that is 3 years after the date of enactment of this Act or the date on which a State adaptation plan is approved, a State shall be eligible to receive funding under section 370 for adaptation activities that are-- | |
| (A) consistent with the comprehensive wildlife strategy of the State and, where appropriate, other natural resources conservation strategies; and | = | (A) consistent with the comprehensive wildlife strategy of the State and, where appropriate, other natural resources conservation strategies; and |
| (B) in accordance with a workplan developed in coordination with-- | (B) in accordance with a work plan developed in coordination with-- | |
| (i) the Secretary of the Interior; and | (i) the Secretary of the Interior; and | |
| <> | (ii) the Secretary of Commerce. | |
| (ii) the Secretary of Commerce, for any coastal State subject to the condition that coordination with the Secretary of Commerce shall be required only for those portions of the strategy relating to activities affecting the coastal zone. | (3) COASTAL STATE- In developing a work plan under paragraph (2)(B), a coastal State shall coordinate with the Secretary of Commerce only for those portions of the strategy relating to activities affecting the coastal zone. | |
| (3) PENDING APPROVAL- During the period for which approval by the applicable Secretary of a State plan is pending, the State may continue receiving funds under section 480 pursuant to the workplan described in paragraph (2)(B). | (4) PENDING APPROVAL- During the period for which approval by the applicable Secretary is pending, the State may continue to receive funds under section 370 pursuant to the work plan described in paragraph (2)(B). | |
| SEC. 480. NATURAL RESOURCES CLIMATE CHANGE ADAPTATION FUND. | SEC. 370. NATURAL RESOURCES CLIMATE CHANGE ADAPTATION ACCOUNT. | |
| (a) Distribution of Amounts- | ||
| (a) Allocations to States- 100 percent of the emission allowances made available for each year to carry out this subpart shall be provided to States to carry out natural resources adaptation activities in accordance with State natural resources adaptation plans approved under section 479. Specifically-- | (1) STATES- Of the amounts made available for each fiscal year to carry out this subpart, 38.5 percent shall be provided to States to carry out natural resources adaptation activities in accordance with adaptation plans approved under section 369, and shall be distributed as follows: | |
| (1) 84.4 percent shall be available to State wildlife agencies in accordance with the apportionment formula established under the second subsection (c) of section 4 of the Pittman-Robertson Wildlife Restoration Act (16 U.S.C. 669c), as added by section 902(e) of H.R. 5548 as introduced in the 106th Congress and enacted into law by section 1(a)(2) of Public Law 106-553 (114 Stat. 2762A-119); and | (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 | |
| (2) 15.6 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)). | (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)). | |
| (b) Establishment of Fund- | ||
| (1) ESTABLISHMENT- Subject to subtitle F of title IV, there is hereby established in the Treasury a separate account that shall be known as the Natural Resources Climate Change Adaptation Fund. | ||
| (2) AUTHORIZATION OF APPROPRIATIONS- Subject to subtitle F of title IV, there are authorized to be appropriated for subsection (c) such sums as are deposited in the Natural Resources Climate Change Fund, and the amounts appropriated for subsection (c) shall be no less than the total estimated annual deposits in the Natural Resources Climate Change Adaptation Fund. | ||
| (c) Allocations to Federal Agencies- | ||
| (1) DEPARTMENT OF THE INTERIOR- Of the amounts made available for each fiscal year to carry out this subpart-- | (2) NATURAL RESOURCE ADAPTATION- Of the amounts made available for each fiscal year to carry out this subpart-- | |
| (A) 27.6 percent shall be allocated to the Secretary of the Interior for use in funding-- | (A) 17 percent shall be allocated to the Secretary of the Interior for use in funding-- | |
| (i) natural resources adaptation activities carried out-- | = | (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; | (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; or | <> | (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; and |
| (III) within Federal water managed by the Bureau of Reclamation and the National Park Service; and | = | (III) within Federal water managed by the Bureau of Reclamation and the National Park Service; and |
| (ii) for the implementation of the National Fish and Wildlife Habitat and Corridors Identification Program pursuant to section 481; | <> | (ii) the implementation of the National Fish and Wildlife Habitat and Corridors Information Program required by section 371; |
| (B) 8.1 percent shall be allocated to the Secretary of the Interior for natural resources adaptation activities carried out under cooperative grant programs, including-- | (B) 5 percent shall be allocated to the Secretary of the Interior for natural resources adaptation activities carried out under cooperative grant programs, including-- | |
| (i) the cooperative endangered species conservation fund authorized under section 6 of the Endangered Species Act of 1973 (16 U.S.C. 1535); | = | (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.); | (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 478(a) of the Neotropical Migratory Bird Conservation Act (16 U.S.C. 6108(a)); | <> | (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; | = | (iv) the Coastal Program of the United States Fish and Wildlife Service; |
| (v) the National Fish Habitat Action Plan; | (v) the National Fish Habitat Action Plan; | |
| (vi) the Partners for Fish and Wildlife Program; | (vi) the Partners for Fish and Wildlife Program; | |
| (vii) the Landowner Incentive Program; | (vii) the Landowner Incentive Program; | |
| (viii) the Wildlife Without Borders Program of the United States Fish and Wildlife Service; and | (viii) the Wildlife Without Borders Program of the United States Fish and Wildlife Service; and | |
| (ix) the Migratory Species Program and Park Flight Migratory Bird Program of the National Park Service; and | (ix) the Migratory Species Program and Park Flight Migratory Bird Program of the National Park Service; and | |
| (C) 4.9 percent shall be allocated to the Secretary of the Interior 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 and in accordance with the Indian Self-Determination and Educational Assistance Act (25 U.S.C. 450(f)). | <> | (C) 3 percent shall be allocated to the Secretary of the Interior 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. |
| (2) LAND AND WATER CONSERVATION FUND- | (3) LAND AND WATER CONSERVATION- | |
| (A) DEPOSITS- | = | (A) DEPOSITS- |
| (i) IN GENERAL- Of the amounts made available for each fiscal year to carry out this subpart, 19.5 percent shall be deposited into 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). | <> | (i) IN GENERAL- Of the amounts made available for each fiscal year to carry out this subpart, 12 percent 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). |
| (ii) USE OF DEPOSITS- (I) Deposits into the Land and Water Conservation Fund under this paragraph shall be supplemental to authorizations 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. | (ii) USE OF DEPOSITS- Deposits in the Land and Water Conservation Fund under this paragraph shall-- | |
| (II) There are authorized to be appropriated for activities in this subpart such sums as are deposited in the Land and Water Conservation Fund pursuant to section 480(c)(3)(A)(ii), and the amounts appropriated for this paragraph shall be no less than the total estimated annual deposits in the Land and Water Conservation Fund. | (I) be supplemental to authorizations 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 | |
| (II) be available to carry out this subpart without further appropriation or fiscal year limitation. | ||
| (B) ALLOCATIONS- Of the amounts deposited under this paragraph into the Land and Water Conservation Fund-- | (B) DISTRIBUTION OF AMOUNTS- Of the amounts deposited under this paragraph in the Land and Water Conservation Fund-- | |
| (i) 1/6 shall be allocated to the Secretary of the Interior and made available on a competitive basis 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)-- | (i) for the purposes of carrying out the 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), 1/6 shall be allocated to the Secretary of the Interior and made available on a competitive basis-- | |
| (I) to States in accordance with their natural resources adaptation plans, and to Indian tribes; | (I) to States, in accordance with the natural resources adaptation plans of States, and to Indian tribes; | |
| (II) notwithstanding section 5 of that Act (16 U.S.C. 460l-7); and | = | (II) notwithstanding section 5 of that Act (16 U.S.C. 460l-7); and |
| (III) in addition to any funds provided pursuant to annual appropriations Acts, the Energy Policy Act of 2005 (42 U.S.C. 15801 et seq.), or any other authorization for nonadaptation needs; | (III) in addition to any funds provided pursuant to annual appropriations Acts, the Energy Policy Act of 2005 (42 U.S.C. 15801 et seq.), or any other authorization for nonadaptation needs; | |
| (ii) 1/3 shall be allocated to the Secretary of the Interior 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); | (ii) 1/3 shall be allocated to the Secretary of the Interior 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); | |
| (iii) 1/6 shall be allocated to the Secretary of Agriculture and made available to the 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 Forest Legacy Program under the Cooperative Forestry Assistance Act of 1978 (16 U.S.C. 2103c); and | <> | (iii) 1/6 shall be allocated to the Secretary of Agriculture and made available to the 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); and |
| (iv) 1/3 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). | = | (iv) 1/3 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). |
| (C) EXPENDITURE OF FUNDS- In allocating funds under subparagraph (B), the Secretary of the Interior and the Secretary of Agriculture shall take into consideration factors including-- | (C) EXPENDITURE OF FUNDS- In allocating funds under subparagraph (B), the Secretary of the Interior and the Secretary of Agriculture shall take into consideration factors including-- | |
| (i) the availability of non-Federal contributions from State, local, or private sources; | (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; | (ii) opportunities to protect fish and wildlife corridors or otherwise to link or consolidate fragmented habitats; | |
| (iii) opportunities to reduce the risk of catastrophic wildfires, drought, extreme flooding, or other climate-related events that are harmful to fish and wildlife and people; and | (iii) opportunities to reduce the risk of catastrophic 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, ocean acidification, and other stressors. | <> | (iv) the potential for conservation of species or habitat types at serious risk due to climate change, including, where applicable, ocean acidification, drought, flooding, and wildfire, or other stressors. |
| (3) FOREST SERVICE- Of the amounts made available for each fiscal year to carry out this subpart, 8.1 percent shall be allocated to the Secretary of Agriculture for use in funding natural resources adaptation activities carried out on national forests and national grasslands under the jurisdiction of the Forest Service and for natural resource adaptation activities on State and private forest lands carried out under the Cooperative Forestry Assistance Act of 1978. | (4) NATIONAL FOREST AND GRASSLAND ADAPTATION- Of the amounts made available for each fiscal year to carry out this subpart, 5 percent shall be allocated to the Forest Service, through the Secretary of Agriculture-- | |
| (A) to fund natural resources adaptation activities carried out in national forests and national grasslands under the jurisdiction of the Forest Service; and | ||
| (B) to carry out natural resource adaptation activities on State and private forest land carried out under the Cooperative Forestry Assistance Act of 1978 (16 U.S.C. 2101 et seq.). | ||
| (4) DEPARTMENT OF COMMERCE- Of the amounts made available for each fiscal year to carry out this subpart, 11.5 percent shall be allocated to the Secretary of Commerce for use in funding natural resources adaptation activities to protect, maintain, and restore coastal, estuarine, and marine resources, habitats, and ecosystems, including such activities carried out under-- | (5) COASTAL AND MARINE SYSTEM ADAPTATION- Of the amounts made available for each fiscal year to carry out this subpart, 7 percent shall be allocated to the Secretary of Commerce to fund natural resources adaptation activities that protect, maintain, and restore coastal, estuarine, and marine resources, habitats, and ecosystems, including such activities carried out under-- | |
| (A) the coastal and estuarine land conservation program; | (A) the coastal and estuarine land conservation program administered by the National Oceanic and Atmospheric Administration; | |
| (B) the community-based restoration program; | (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 impacts of climate change and ocean acidification; | (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, including, where applicable, ocean acidification, drought, flooding, and wildfire; | |
| (D) the Open Rivers Initiative; | = | (D) the Open Rivers Initiative; |
| (E) the Magnuson-Stevens Fishery Conservation and Management Act (16 U.S.C. 1801 et seq.); | (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.); | (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.); | (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.); | (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 | (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.). | (J) the Estuary Restoration Act of 2000 (33 U.S.C. 2901 et seq.). | |
| (5) ENVIRONMENTAL PROTECTION AGENCY- Of the amounts made available each fiscal year to carry out this section, 12.2 percent shall be allocated to the Administrator for use in natural resources adaptation activities restoring and protecting-- | <> | |
| (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, 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; and | ||
| (C) freshwater and estuarine ecosystems, watersheds, and basins identified as priorities by the Administrator, working in cooperation with other Federal agencies, States, Indian tribes, local governments, scientists, and other conservation partners. | ||
| (6) CORPS OF ENGINEERS- Of the amounts made available each fiscal year to carry out this section, 8.1 percent shall be available to the Secretary of the Army for use by the Corps of Engineers to carry out natural resources adaptation activities restoring-- | (6) ESTUARINE AND FRESHWATER ECOSYSTEM ADAPTATION- Of the amounts made available for each fiscal year to carry out this subpart, 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 for use in natural resources adaptation activities restoring and protecting-- | |
| (A) large-scale freshwater aquatic ecosystems, such as the ecosystems described in paragraph (5)(A); | (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, and the Yellowstone River; | |
| (B) large-scale estuarine ecosystems, such as the ecosystems described in paragraph (5)(B); | (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 as priorities by the Corps of Engineers, working in cooperation with other Federal agencies, States, Indian tribes, local governments, scientists, and other conservation partners; and | (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; and | |
| (D) habitats and ecosystems through the implementation of estuary habitat restoration projects authorized by the Estuary Restoration Act of 2000 (33 U.S.C. 2901 et seq.), project modifications for improvement of the environment, aquatic restoration and protection projects authorized by section 206 of the Water Resources Development Act of 1996 (33 U.S.C. 2330), and other appropriate programs and activities. | (D)(i) habitats and ecosystems through estuary habitat restoration projects authorized by the Estuary Restoration Act of 2000 (33 U.S.C. 2901 et seq.); | |
| (ii) project modifications for improvement of the environment; | ||
| (iii) aquatic restoration and protection projects authorized by section 206 of the Water Resources Development Act of 1996 (33 U.S.C. 2330); and | ||
| (iv) other appropriate programs and activities. | ||
| (d) Use of Funds by Federal Departments and Agencies- Funds allocated to Federal departments and agencies under this section shall only be used for natural resources adaptation activities that are consistent with an adaptation plan developed and approved by the President under section 478. | (b) Use of Funds by Federal Departments and Agencies- Funds allocated to Federal departments and agencies under this section shall only be used for natural resources adaptation activities consistent with an adaptation plan approved under section 368. | |
| (e) State Cost Sharing- Notwithstanding any other provision of law, a State that receives a grant with amounts allocated under this section shall use funds from non-Federal sources to pay at least 10 percent of the costs of each activity carried out using amounts provided under the grant. | (c) 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 10 percent of the costs of each activity carried out under the grant. | |
| SEC. 481. NATIONAL WILDLIFE HABITAT AND CORRIDORS INFORMATION PROGRAM. | SEC. 371. NATIONAL FISH AND WILDLIFE HABITAT AND CORRIDORS INFORMATION PROGRAM. | |
| (a) Definitions- In this section: | ||
| (1) GEOSPATIAL INTEROPERABILITY FRAMEWORK- The term Geospatial Interoperability Framework' means the strategy used by the National Biological Information Infrastructure (based on 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 geospatial and biological data and metadata accessible. | ||
| (2) PROGRAM- The term Program' means the National Fish and Wildlife Habitat and Corridors Information Program established under subsection (b). | ||
| (3) SECRETARY- The term Secretary' means the Secretary of the Interior. | ||
| (4) SYSTEM- The term System' means the Habitat and Corridors Information System established under subsection (d)(1). | ||
| (a) Establishment- Within 6 months of the date of enactment of this subpart, 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. | (b) Establishment- Not later than 180 days after the date of enactment of this Act, the Secretary, in cooperation with the States and Indian tribes, shall establish a National Fish and Wildlife Habitat and Corridors Information Program. | |
| (b) Purpose- The purpose of this program is to-- | (c) Purpose- The purposes of the Program are-- | |
| (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; | (1) to support States and Indian tribes in developing geographical information system databases of fish and wildlife habitats and corridors that-- | |
| (A) inform planning and development decisions within each State; | ||
| (B) enable each State to model climate impacts and adaptation; and | ||
| (C) provide geographically specific enhancements of State wildlife action plans; | ||
| (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-- | (2) to ensure the collaborative development 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-- | |
| (A) is based on consistent protocols for sampling and mapping across landscapes that take into account regional differences; and | (A) is based on consistent protocols for sampling and mapping across landscapes; | |
| (B) takes into account regional differences; and | ||
| (B) that utilizes-- | (C) uses-- | |
| (i) existing and planned State- and tribal-based geographic information system databases; and | (i) existing and planned State- and tribal-based geographical information system databases; and | |
| (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; and | = | (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; and |
| (3) facilitate the use of such databases by Federal, State, local, and tribal decisionmakers to incorporate qualitative information on fish and wildlife habitat and corridors at the earliest possible stage to-- | <> | (3) to facilitate the use of those databases 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-- |
| (A) prioritize and target natural resources adaptation strategies and activities; | (A) prioritizing and targeting natural resources adaptation strategies and activities; | |
| (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; | (B) 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; | |
| (C) assess the impacts of existing development on habitats and corridors; and | (C) assessing the impacts of existing development on habitats and corridors; and | |
| (D) 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. | (D) developing management strategies that enhance the ability of fish, wildlife, and plant species to migrate or respond to shifting habitats within existing habitats and corridors. | |
| (c) Habitat and Corridors Information System- | (d) Habitat and Corridors Information System- | |
| (1) IN GENERAL- The Secretary, in cooperation with the States and Indian tribes, shall develop a Habitat and Corridors Information System. | (1) IN GENERAL- The Secretary, in cooperation with States and Indian tribes, shall establish a Habitat and Corridors Information System. | |
| (2) CONTENTS- The System shall-- | = | (2) CONTENTS- The System shall-- |
| (A) include maps, data, and descriptions of fish and wildlife habitat and corridors, that-- | <> | (A) include maps, data, and descriptions of fish and wildlife habitat and corridors that-- |
| (i) have been developed by Federal agencies, State wildlife agencies and natural heritage programs, Indian tribes, local governments, nongovernmental organizations, and industry; | (i) have been developed by Federal agencies, State wildlife agencies, and natural heritage programs, Indian tribes, local governments, nongovernmental organizations, and industry; and | |
| (ii) meet accepted Geospatial Interoperability Framework data and metadata protocols and standards; | = | (ii) meet accepted geospatial interoperability framework data and metadata protocols and standards; |
| (B) include maps and descriptions of projected shifts in habitats and corridors of fish and wildlife species in response to climate change; | (B) include maps and descriptions of projected shifts in habitats and corridors of fish and wildlife species in response to climate change; | |
| <> | (C) ensure data quality; | |
| (C) assure data quality and make the data, models, and analyses included in the System available at scales useful to decisionmakers-- | (D) at scales useful to decisionmakers, make data, models, and analyses included in the System available-- | |
| (i) to prioritize and target natural resources adaptation strategies and activities; | = | (i) to prioritize and target natural resources adaptation strategies and activities; |
| <> | (ii) to assess the impacts of existing development on habitats and corridors; | |
| (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; | (iii) to assess the impacts of proposed energy development, water, transmission, transportation, and other land use projects and to avoid, minimize, or mitigate those impacts on habitats and corridors; and | |
| (iii) to assess the impacts of existing development on habitats and corridors; and | ||
| (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; | (iv) to develop management strategies that enhance the ability of fish, wildlife, and plant species to migrate or respond to shifting habitats within existing habitats and corridors; | |
| (D) establish a process for updating maps and other information as landscapes, habitats, corridors, and wildlife populations change or as other information becomes available; | (E) update maps and other information as landscapes, habitats, corridors, and wildlife populations change, or as new information becomes available; | |
| (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; | (F) encourage development of collaborative plans by Federal and State agencies and Indian tribes that monitor and evaluate the ability of the System to meet the needs of decisionmakers; | |
| (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; | (G) identify gaps in habitat and corridor information, mapping, and research needed to fully assess current data and metadata; | |
| (H) prioritize research and future data collection activities for use in updating the System and provide support for those activities; | ||
| (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; | (I) include mechanisms to support collaborative research, mapping, and planning of habitats and corridors by Federal and State agencies, Indian tribes, and other interested stakeholders; | |
| (H) incorporate biological and geospatial data on species and corridors found in energy development and transmission plans, including renewable energy initiatives, transportation, and other land use plans; | (J) incorporate biological and geospatial data on species and corridors found in energy development and transmission plans, including renewable energy initiatives, transportation, and other land use plans; | |
| (K) identify, prioritize, and describe key parcels of non-Federal land that-- | ||
| (i) are located within units of the National Park System, National Wildlife Refuge System, National Forest System, or National Grassland System; and | ||
| (ii) are critical to maintenance of wildlife habitat and migration corridors; and | ||
| (I) be based on the best scientific information available; and | (L) be based on the best scientific information available. | |
| (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. | ||
| (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. | (e) 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. | |
| (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-- | (f) Coordination- In cooperation with States and Indian tribes, the Secretary shall recommend how the information in the System may be incorporated into relevant State and Federal plans that affect fish and wildlife, including-- | |
| (1) land management plans; | ||
| (2) the State Comprehensive Wildlife Conservation Strategies; and | ||
| (3) appropriate tribal conservation plans. | ||
| (g) Purpose of Incorporation- The Secretary shall make the recommendations required by subsection (f) to ensure that relevant State and Federal plans that affect fish and wildlife-- | ||
| (1) prevent unnecessary habitat fragmentation and disruption of corridors; | = | (1) prevent unnecessary habitat fragmentation and disruption of corridors; |
| (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; and | (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; and | |
| (3) minimize the impacts of energy, development, water, transportation, and transmission projects and other activities expected to impact habitat and corridors. | (3) minimize the impacts of energy, development, water, transportation, and transmission projects and other activities expected to impact habitat and corridors. | |
| (f) Definitions- In this section: | <> | |
| (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. | ||
| (2) SECRETARY- The term Secretary' means the Secretary of the Interior. | ||
| SEC. 482. ADDITIONAL PROVISIONS REGARDING INDIAN TRIBES. | SEC. 372. ADDITIONAL PROVISIONS REGARDING INDIAN TRIBES. | |
| (a) Federal Trust Responsibility- Nothing in this subpart is intended to amend, alter, or give priority over the Federal trust responsibility to Indian tribes. | (a) Federal Trust Responsibility- Nothing in this subpart amends, alters, or gives priority over the Federal trust responsibility to any Indian tribe. | |
| (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-- | (b) Exemption From FOIA- If a Federal department or agency receives any information relating to sacred sites or cultural activities identified by an Indian tribe as confidential, such information shall be exempt from disclosure under section 552 of title 5, United States Code (commonly referred to as the Freedom of Information Act). | |
| (1) cause a significant invasion of privacy; | ||
| (2) risk harm to the human remains or resources, cultural items, uses, or activities; or | ||
| (3) impede the use of a traditional religious site by practitioners. | ||
| (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. | (c) Application of Other Law- The Secretary of the Interior 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 subpart. |
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