S AMDT 1933

S 1933 IS

To establish an integrated Federal program that protects, restores, and conserves natural resources by responding to the threats and effects of climate change, and for other purposes.

October 27, 2009

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

To establish an integrated Federal program that protects, restores, and conserves natural resources by responding to the threats and effects of climate change, and for other purposes.

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

SECTION 1. SHORT TITLE.

This Act may be cited as the ‘Natural Resources Climate Adaptation Act’.

SEC. 2. PURPOSES.

The purposes of this Act are--

(1) to integrate Federal agency activities to respond to ongoing and expected impacts of climate change (including, if applicable, ocean acidification, drought, invasive species, flooding, and wildfire) by protecting, restoring, and conserving the natural resources and associated ecosystem services of the United States; and

(2) to provide financial support and incentives for authorized programs, strategies, and activities to protect, restore, and conserve natural resources and associated ecosystem services in response to threats and effects of climate change.

SEC. 3. DEFINITIONS.

In this Act:

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

(2) COASTAL STATE- The term ‘coastal State’ has the meaning given the term ‘coastal state’ in section 304 of the Coastal Zone Management Act of 1972 (16 U.S.C. 1453).

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

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

(B) facilitate terrestrial, marine, estuarine, and freshwater fish, wildlife, or plant movement necessary for migration, gene flow, or dispersal, to respond to the ongoing and expected impacts of climate change.

(4) ECOSYSTEM SERVICES-

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

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

(i) a clean and abundant water supply;

(ii) carbon storage;

(iii) biodiversity;

(iv) pollination services;

(v) wildlife habitat;

(vi) recreation; and

(vii) a scenic or historic landscape.

(5) HABITAT- The term ‘habitat’ means the physical, chemical, and biological properties that fish, wildlife, or plants use for growth, reproduction, survival, food, water, or cover.

(6) INDIAN TRIBE- The term ‘Indian tribe’ has the meaning given the term in section 4 of the Indian Self-Determination and Education Assistance Act (25 U.S.C. 450b).

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

(8) NATURAL RESOURCES ADAPTATION- The term ‘natural resources adaptation’ means the protection, restoration, and conservation of natural resources so that natural resources become more resilient, adapt to, and withstand the ongoing and expected impacts of climate change.

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

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

(11) PROGRAM- The term ‘program’ means the National Fish and Wildlife Habitat and Corridors Information Program established by the Secretary under section 4(d)(1).

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

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

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

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

(14) STATE- The term ‘State’ means--

(A) a State of the United States;

(B) the District of Columbia;

(C) American Samoa;

(D) Guam;

(E) the Commonwealth of the Northern Mariana Islands;

(F) the Commonwealth of Puerto Rico; and

(G) the United States Virgin Islands.

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

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

SEC. 4. NATURAL RESOURCES ADAPTATION SCIENCE AND INFORMATION.

(a) Coordination- Not later than 90 days after the date of enactment of this Act, the Secretary and the Secretary of Commerce (acting through the National Oceanic and Atmospheric Administration) (referred to in this section as the ‘Secretaries’), working with all other relevant Federal agencies, shall establish procedures for coordinating among Federal agencies the development and dissemination of science and information necessary to address the ongoing and expected impacts of climate change on natural resources.

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

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

(2) make available to Federal agencies, and other interested governmental or private entities, technical assistance to address the ongoing and expected impacts of climate change on natural resources; and

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

(c) Survey- Not later than 1 year after the date of enactment of this Act, and every 5 years thereafter, the Secretaries and the Secretary of Agriculture shall issue a climate change impact survey, in coordination with other relevant Federal agencies, that--

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

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

(3) in consultation with States and Indian tribes and with input from stakeholders, identifies and prioritizes necessary monitoring and research that is most relevant to the needs of Federal natural resource managers to address the ongoing and expected impacts of climate change and natural resources adaptation.

(d) Wildlife Habitat and Corridors Information-

(1) IN GENERAL- Not later than 180 days after the date of enactment of this Act, the Secretary, in cooperation with the States, Indian tribes, and other Federal land managers, shall establish a program to be known as the ‘National Fish and Wildlife Habitat and Corridors Information Program’.

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

(A) to develop with States and Indian tribes a comprehensive national geographic information system database of maps, models, data, surveys, informational products, and other geospatial information regarding fish and wildlife habitat and corridors that--

(i) is based on consistent protocols;

(ii) takes into account regional differences; and

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

(B) to facilitate the use of the database described in subparagraph (A) by Federal, State, local, and tribal decisionmakers to incorporate qualitative information on fish and wildlife habitats and corridors at the earliest practicable stage for use in--

(i) prioritizing and targeting natural resources adaptation strategies and activities, including strategies and activities that enhance the ability of species to respond to shifting habitat; and

(ii) avoiding, minimizing, and mitigating the impacts on fish and wildlife habitat and corridors when locating energy development, water, transmission, transportation, and other land use projects;

(3) FINANCIAL AND OTHER SUPPORT- The Secretary may provide support to the States and Indian tribes, including financial and technical assistance, for activities that support the development and implementation of the program.

(4) CONSULTATION- In consultation with States and Indian tribes, the Secretary shall make recommendations on the manner by which the information collected and managed under the program may be incorporated into relevant Federal and State plans that affect fish and wildlife, including--

(A) land management plans;

(B) State comprehensive wildlife conservation strategies; and

(C) applicable conservation plans of Indian tribes.

(e) Natural Resources Adaptation Science Advisory Board-

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

(A) not later than 180 days after the date of enactment of this Act, establish and appoint the members of a Natural Resources Adaptation Science Advisory Board; and

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

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

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

(B) who represent a balanced membership among Federal, State, tribal, and local representatives, and diverse interests, including institutions of higher education and relevant nongovernmental organizations and conservation organizations; and

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

(3) DUTIES- The Board shall--

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

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

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

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

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

(f) National Climate Change and Wildlife Science Center-

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

(2) FUNCTIONS- In collaboration with Federal and State natural resources agencies and departments, Indian tribes, institutions of higher education, and other partner organizations, the Center shall--

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

(B) prioritize scientific gaps in the knowledge in order to forecast the ecological impacts of climate change on fish, wildlife, and plants at the ecosystem, habitat, community, population, and species levels;

(C) develop and improve tools to forecast, adaptively manage, and monitor the impacts of climate change on fish, wildlife, plants, and associated habitats, including predictive models, and risk assessments; and

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

SEC. 5. NATURAL RESOURCES CLIMATE CHANGE ADAPTATION PANEL.