[Congressional Bills 118th Congress] [From the U.S. Government Publishing Office] [H.R. 9120 Introduced in House (IH)] <DOC> 118th CONGRESS 2d Session H. R. 9120 To establish an integrated national approach to respond to ongoing and expected effects of extreme weather and climate change by protecting, managing, and conserving the fish, wildlife, and plants of the United States, and to maximize Government efficiency and reduce costs, in cooperation with State and local governments, Indian Tribes, Native Hawaiians, and other entities, and for other purposes. _______________________________________________________________________ IN THE HOUSE OF REPRESENTATIVES July 24, 2024 Mr. Cartwright (for himself, Mr. Connolly, Mr. Panetta, Ms. Brownley, Ms. Scanlon, Mrs. Dingell, Mr. Huffman, and Mr. Lynch) introduced the following bill; which was referred to the Committee on Natural Resources _______________________________________________________________________ A BILL To establish an integrated national approach to respond to ongoing and expected effects of extreme weather and climate change by protecting, managing, and conserving the fish, wildlife, and plants of the United States, and to maximize Government efficiency and reduce costs, in cooperation with State and local governments, Indian Tribes, Native Hawaiians, and other entities, 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 ``Safeguarding America's Future and Environment Act'' or the ``SAFE Act''. SEC. 2. FINDINGS, PURPOSES, AND POLICY. (a) Findings.--Congress finds that-- (1) healthy, diverse, and productive communities of fish, wildlife, and plants provide significant benefits to the people and economy of the United States, including-- (A) abundant clean water supplies; (B) flood and coastal storm protection; (C) clean air; (D) a source of food, fiber, medicines, and pollination of the crops and other plants of the United States; (E) outdoor recreation, which is a source of jobs and economic stimulus; (F) hunting and fishing opportunities and support for subsistence communities; (G) opportunities for scientific research and education; (H) world-class tourism destinations that support local economies; (I) sequestration and storage of carbon to help mitigate changes to the global climate system; and (J) cultural values and sources of traditional knowledge and practice; (2) the United States Geological Survey, National Oceanic and Atmospheric Administration, National Aeronautics and Space Administration, and other agencies within the United States Global Change Research Program have observed that the fish, wildlife, and plants of the United States are facing increasing risks from changing patterns of extreme weather and climate, including-- (A) severe droughts and heatwaves; (B) severe storms and floods; (C) frequent and severe wildfires; (D) more frequent and severe outbreaks of forest pests and invasive species; (E) flooding and erosion of coastal areas due to rising sea levels; (F) melting glaciers and sea ice; (G) thawing permafrost; (H) shifting distributions of fish, wildlife, and plant populations; (I) disruptive shifts in the timing of fish, wildlife, and plant natural history cycles, such as blooming, breeding, and seasonal migrations; (J) increasing ocean temperatures and acidification; (K) altered patterns of rain, snow, runoff, and streamflow; and (L) habitat loss, degradation, fragmentation, and movement; and (3) the Federal Government should provide leadership in preparing for and responding to the effects described in paragraph (2) to ensure that present and future generations continue to receive the benefits of the abundant and diverse fish, wildlife, and plant resources of the United States. (b) Purposes.--The purpose of this Act is to establish an integrated national approach-- (1) to respond to ongoing and expected effects of extreme weather and climate change by protecting, managing, and conserving the fish, wildlife, and plants of the United States; and (2) to maximize Government efficiency and reduce costs, in cooperation with State and local governments, Indian Tribes, Native Hawaiians, and other entities. (c) National Fish, Wildlife, and Plants Climate Change Adaptation Policy.--It is the policy of the Federal Government, in cooperation with State and local governments, Indian Tribes, Native Hawaiians, and other interested stakeholders, to evaluate and reduce the increased risks and vulnerabilities associated with climate change and extreme weather events, and to use all practicable means to protect, manage, and conserve healthy, diverse, and productive fish, wildlife, and plant populations. SEC. 3. DEFINITIONS. In this Act: (1) Adaptation.--The term ``adaptation'' means-- (A) the process of adjustment to actual or expected climate and the effects of climate change; and (B) with respect to fish, wildlife, and plants, protection, management, and conservation efforts designed to maintain or enhance the ability of fish, wildlife, and plants to withstand, adjust to, or recover from the effects of extreme weather and climate change (including, where applicable, ocean acidification, drought, flooding, and wildfire). (2) Committee.--The term ``Committee'' means the Advisory Committee on Climate Change and Natural Resource Sciences established under section 6(b)(1). (3) Ecological processes.--The term ``ecological processes'' means biological, chemical, or physical interaction between the biotic and abiotic components of an ecosystem, including-- (A) decomposition; (B) disease epizootiology; (C) disturbance regimes, such as fire and flooding; (D) gene flow; (E) hydrological cycling; (F) larval dispersal and settlement; (G) nutrient cycling; (H) pollination; (I) predator-prey relationships; and (J) soil formation. (4) 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) Habitat connectivity.--The term ``habitat connectivity'' means areas that facilitate terrestrial, marine, estuarine, and freshwater fish, wildlife, or plant movement that is necessary-- (A) for migration, gene flow, or dispersal; or (B) to respond to the ongoing and expected effects of climate change (including, where applicable, ocean acidification, drought, flooding, and wildfire). (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. 5304). (7) National strategy.--The term ``National Strategy'' means the National Fish, Wildlife, and Plants Climate Adaptation Strategy released March 26, 2013. (8) Native american.--The term ``Native American'' has the meaning given the term in section 2 of the Native American Graves Protection and Repatriation Act (25 U.S.C. 3001). (9) Native hawaiian organization.--The term ``Native Hawaiian organization'' has the meaning given the term in section 6207 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7517). (10) Network.--The term ``Network'' means the Climate Adaptation Science Center Network established under section 6(a)(1). (11) Resilience; resilient.--The terms ``resilience'' and ``resilient'' mean the ability to anticipate, prepare for, and adapt to changing conditions and withstand, respond to, and recover rapidly from disruptions. (12) 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. (13) Working group.--The term ``Working Group'' means the National Fish, Wildlife, and Plants Climate Adaptation Strategy Joint Implementation Working Group established under section 4(a). SEC. 4. NATIONAL FISH, WILDLIFE, AND PLANTS CLIMATE ADAPTATION STRATEGY JOINT IMPLEMENTATION WORKING GROUP. (a) Establishment.--Not later than 90 days after the date of enactment of this Act, the President shall establish a National Fish, Wildlife, and Plants Climate Adaptation Strategy Joint Implementation Working Group composed of the heads of Federal and State agencies or departments with jurisdiction over fish, wildlife, and plant resources of the United States, and Tribal representatives, as follows: (1) The Administrator of the Environmental Protection Agency. (2) The Administrator of the Federal Emergency Management Agency. (3) The Administrator of the National Oceanic and Atmospheric Administration. (4) The Chair of the Council on Environmental Quality. (5) The Chief of Engineers. (6) The Chief of the Forest Service. (7) The Commissioner of Reclamation. (8) The Director of the Bureau of Indian Affairs. (9) The Director of the Bureau of Land Management. (10) The Director of the National Park Service. (11) The Director of the United States Fish and Wildlife Service. (12) The Director of the United States Geological Survey. (13) The Secretary of Agriculture. (14) The Secretary of Defense. (15) State representatives from each regional association of State fish and wildlife agencies. (16) Not less than 2 representatives of Indian Tribes or Native Hawaiian organizations. (b) Duties.--The Working Group shall serve as a forum for interagency consultation on, and the coordination of, the development and implementation of the National Strategy. (c) Co-Chairs.--There shall be 4 co-chairs, of whom-- (1) 2 shall be representatives of the Federal Government; (2) 1 shall be a representative of a State; and (3) 1 shall be a representative of an Indian Tribe or a Native Hawaiian organization. (d) FACA.--Notwithstanding section 1009 of title 5, United States Code, the Working Group may close a meeting of the Working Group to the public or redact information from minutes of a meeting of the Working Group if the applicable Tribal or Native Hawaiian organization representatives on the Working Group determine that a meeting or minutes from a meeting, as applicable, will disclose sensitive traditional ecological knowledge. (e) FOIA.-- (1) In general.--Except as provided in paragraph (3), information described in paragraph (2) shall be exempt from disclosure under section 552(b)(3) of title 5, United States Code. (2) Information described.--The information referred to in paragraph (1) is information that a representative of an Indian Tribe or a Native Hawaiian organization on the Working Group or any other member of an Indian Tribe or a Native Hawaiian organization-- (A) submits to or discusses with the Working Group; and (B) designates as sensitive or private according to Tribal or Native Hawaiian custom, law, culture, or religion. (3) Exception.--If a representative of an Indian Tribe or a Native Hawaiian organization on the Working Group or any other member of an Indian Tribe or a Native Hawaiian organization requests information that the Tribal or Native Hawaiian organization representative or member submitted to the Working Group and designated as sensitive or private, as described in paragraph (2), the Tribal or Native Hawaiian organization representative or member shall receive that information. SEC. 5. NATIONAL FISH, WILDLIFE, AND PLANTS CLIMATE ADAPTATION STRATEGY. (a) In General.--The Working Group shall adopt the National Strategy to protect, manage, and conserve fish, wildlife, and plants to maintain the inherent resilience and adaptability of fish, wildlife, and plants to withstand the ongoing and expected effects of extreme weather and climate change. (b) Review and Revision.--Not later than 1 year after each release of the assessment required under section 106 of the Global Change Research Act of 1990 (15 U.S.C. 2936), the Working Group shall-- (1) use sound science and traditional ecological knowledge to review and revise the National Strategy to incorporate-- (A) new information regarding the ongoing and expected effects of climate change on fish, wildlife, and plants; and (B) advances in the development of fish, wildlife, and plant adaptation strategies; and (2) in carrying out paragraph (1)-- (A) provide public notice and opportunity for comment; and (B) include robust consultation or engagement with Indian Tribes and Native Hawaiian organizations, as appropriate. (c) Contents.--A revised National Strategy shall-- (1) assess the vulnerability of fish, wildlife, and plants to climate change, including short-term, medium-term, long- term, and cumulative impacts; (2) describe current, observation, and monitoring activities at the Federal, State, Tribal, and local levels relating to the ongoing and expected effects of climate change on fish, wildlife, and plants; (3) identify and prioritize research and data needs and areas to incorporate traditional ecological knowledge; (4) identify fish, wildlife, and plants likely to have the greatest need for protection, restoration, and conservation due to the ongoing and expanding effects of extreme weather and climate change; (5) include specific protocols for integrating fish, wildlife, and plant adaptation strategies and activities into the conservation and management of natural resources by Federal agencies to ensure consistency across agency jurisdictions; (6) identify opportunities for maintaining, restoring, or enhancing fish, wildlife, and plants to reduce the risks of extreme weather and climate change on other vulnerable sectors of society; (7) identify opportunities to increase co-stewardship and co-management of fish, wildlife, and plants between Indian Tribes, Native Hawaiian organizations, and Federal and State partners; (8) identify Federal policies and actions that may reduce resilience and increase the vulnerability of fish, wildlife, and plants to extreme weather and climate change; (9) include specific actions that Federal agencies shall take to protect, conserve, and manage fish, wildlife, and plants to maintain the inherent resilience and adaptability of fish, wildlife, and plants to withstand, adjust to, or recover from the ongoing and expected effects of climate change, including a timeline to implement those actions; (10) include specific mechanisms for ensuring communication and coordination-- (A) among Federal agencies; and (B) between Federal and State agencies, territories of the United States, Indian Tribes, Native Hawaiian organizations, private landowners, conservation organizations, and other countries that share jurisdiction over fish, wildlife, and plants with the United States; (11) include specific actions to develop and implement coordinated fish, wildlife, and plants inventory and monitoring protocols through-- (A) interagency coordination and collaboration with States, local governments, and private organizations; and (B) robust consultation or engagement with Indian Tribes and Native Hawaiian organizations, as appropriate; and (12) include procedures for guiding the development of detailed strategy implementation plans required under section 7. (d) Implementation.-- (1) In general.--Consistent with other laws and Federal trust responsibilities concerning Indian land or rights of Indians under treaties with the United States, and through collaboration, engagement, and resource co-stewardship and co- management, as appropriate, with Indian Tribes and Native Hawaiian organizations, each Federal agency shall integrate the elements of the National Strategy that relate to conservation, management, and protection of fish, wildlife, and plants into agency plans, environmental reviews, and programs. (2) Public report.--The Working Group shall, on a biannual basis, between revisions to the National Strategy, make available to the public a report documenting any actions implementing the Strategy. (3) Coordination.--The Working Group shall coordinate the implementation of the National Strategy with Federal agencies, Indian Tribes, and Native Hawaiian organizations not represented