[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