[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