Safeguarding America's Future and Environment Act or the SAFE Act
The bill requires the development of an integrated national approach to help fish, wildlife, and plants adapt to extreme weather changes and climate change.
Specifically, the bill requires the President to establish an interagency National Fish, Wildlife, and Plants Climate Adaptation Strategy Joint Implementation Working Group. The working group must adopt the 2013 National Fish, Wildlife, and Plants Climate Adaptation Strategy, which addresses the effects of extreme weather and climate change on fish, wildlife, and plants.
After the Committee on Earth and Environmental Sciences releases a periodic scientific assessment required under the U.S. Global Change Research Program, the working group must use sound science to review and revise the strategy to incorporate new information and advances in the development of strategies to help fish, wildlife, and plants adapt. Each federal agency must integrate the strategy into agency plans, environmental reviews, and programs.
The Department of the Interior must establish a National Climate Change and Wildlife Science Center to assess and develop scientific information, tools, strategies, and techniques to support the working group and other interested parties in addressing the effects of extreme weather and climate change.
Interior must establish an Advisory Committee on Climate Change and Natural Resource Sciences to advise the working group.
[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2872 Introduced in House (IH)]
<DOC>
117th CONGRESS
1st Session
H. R. 2872
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, local, and Tribal Governments and other
entities, and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
April 28, 2021
Mr. Cartwright (for himself, Mr. Case, Mr. Casten, Ms. Clarke of New
York, Mr. Cohen, Mr. Connolly, Mr. DeSaulnier, Mrs. Dingell, Mrs.
Kirkpatrick, Mr. Lynch, Ms. Meng, Mrs. Napolitano, Ms. Norton, Mr.
Pocan, Mr. Raskin, Ms. Scanlon, Mr. Thompson of Mississippi, and Ms.
Velazquez) 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, local, and Tribal Governments 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; and
(I) sequestration and storage of carbon to help
mitigate changes to the global climate system;
(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, local, and Tribal Governments 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, 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) Center.--The term ``Center'' means the National Climate
Change and Wildlife Science Center established under section
6(a)(1).
(3) Committee.--The term ``Committee'' means the Advisory
Committee on Climate Change and Natural Resource Sciences
established under section 6(b)(1).
(4) 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.
(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 (whether on land, in water, or in an area or region).
(6) 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).
(7) 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(e)).
(8) National strategy.--The term ``National Strategy''
means the National Fish, Wildlife, and Plants Climate
Adaptation Strategy released March 26, 2013.
(9) 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.
(10) 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.
(11) 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 Tribal representatives.
(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) two shall be representatives of the Federal Government;
(2) one shall be a representative of a State; and
(3) one shall be a Tribal representative.
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 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), provide public notice
and opportunity for comment.
(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;
(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 Federal policies and actions that may reduce
resilience and increase the vulnerability of fish, wildlife,
and plants to extreme weather and climate change;
(8) 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;
(9) include specific mechanisms for ensuring communication
and coordination--
(A) among Federal agencies; and
(B) between Federal agencies and State agencies,
territories of the United States, Indian Tribes,
private landowners, conservation organizations, and
other countries that share jurisdiction over fish,
wildlife, and plants with the United States;
(10) include specific actions to develop and implement
coordinated fish, wildlife, and plants inventory and monitoring
protocols through interagency coordination and collaboration
with States and local governments, Indian Tribes, and private
organizations; and
(11) 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, 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
not represented on the Working Group to achieve the policy of
the United States described in section 2(c).
SEC. 6. FISH, WILDLIFE, AND PLANTS ADAPTATION SCIENCE AND INFORMATION.
(a) National Climate Change and Wildlife Science Center.--
(1) Authorization.--The Secretary of the Interior, in
collaboration with the States, Indian Tribes, and other partner
organizations, shall establish a National Climate Change and
Wildlife Science Center.
(2) Duties of center.--The Center shall assess and develop
scientific information, tools, strategies, and techniques to
support the Working Group, Federal and State agencies, Tribes,
regionally based science and conservation centers, regional
coordinating entities, and other interested parties in
addressing the effects of extreme weather and climate change on
fish, wildlife, and plants.
(3) General authority to enter into contracts, grants, and
cooperative agreements.--The Secretary may enter into
contracts, grants, or cooperative agreements with State
agencies, State cooperative extension services, institutions of
higher education, other research or educational institutions
and organizations, Tribal organizations, Federal and private
agencies and organizations, individuals, and any other
contractor or recipient, to further the duties under paragraph
(2) without regard to--
(A) any requirements for competition;
(B) section 6101 of title 41, United States Code;
or
(C) subsections (a) and (b) of section 3324 of
title 31, United States Code.
(b) Advisory Committee on Climate Change and Natural Resource
Sciences.--
(1) In general.--Not later than 180 days after the date of
enactment of this Act, and pursuant to the Federal Advisory
Committee Act (5 U.S.C. App.), the Secretary of the Interior
shall establish an Advisory Committee on Climate Change and
Natural Resource Sciences.
(2) Membership.--The Committee shall be comprised of 25
members who--
(A) represent--
(i) Federal agencies;
(ii) State, local, and Tribal Governments;
(iii) nongovernmental organizations;
(iv) academic institutions; and
(v) the private sector; and
(B) have expertise in--
(i) biology (including fish, wildlife,
plant, aquatic, coastal, and marine biology);
(ii) ecology;
(iii) climate change (including, where
applicable, ocean acidification, drought,
flooding, and wildfire); and
(iv) other relevant scientific disciplines.
(3) Chair.--The Secretary of the Interior shall appoint a
Committee Chair from among the members of the Committee.
(4) Duties.--The Committee shall--
(A) advise the Working Group on the state of the
science regarding--
(i) the ongoing and expected effects of
extreme weather and climate change on fish,
wildlife, and plants; and
(ii) scientific strategies and mechanisms
for fish, wildlife, and plant adaptation;
(B) identify and recommend priorities for ongoing
research needs on the issues described in subparagraph
(A) to inform the research priorities of the Center
described in subsection (a) and other Federal climate
science institutions; and
(C) review and comment on each revised National
Strategy before that National Strategy is finalized.
(5) Collaboration.--The Committee shall collaborate with
climate change and fish, wildlife, and plant research entities
in other Federal agencies and departments.
(6) Availability to public.--The advice and recommendations
of the Committee shall be made available to the public.
SEC. 7. STRATEGY IMPLEMENTATION PLAN.
(a) Development.--Not later than 1 year after the date of enactment
of this Act and not later than 1 year after the date of each revision
of the National Strategy, the Working Group shall--
(1) complete a strategy implementation plan;
(2) provide opportunities for public review and comment on
the plan; and
(3) submit the plan to the President for approval.
(b) Requirements.--The strategy implementation plan shall--
(1) identify and prioritize specific conservation and
management strategies and actions that address the ongoing and
expected effects of extreme weather and climate change on fish,
wildlife, and plants, including--
(A) protection, management, and conservation of
terrestrial, marine, estuarine, and freshwater habitats
and ecosystems;
(B) establishment of terrestrial, marine,
estuarine, and freshwater habitat connectivity
corridors;
(C) restoration and conservation of ecological
processes;
(D) protection of a broad diversity of species of
fish, wildlife, and plant populations; and
(E) protection of fish, wildlife, and plant health,
recognizing that climate can alter the distribution and
ecology of parasites, pathogens, and vectors;
(2) establish methods--
(A) to assess the effectiveness of strategies and
conservation actions implemented by the agencies to
protect, manage, and conserve fish, wildlife, and
plants; and
(B) to update those strategies and actions to
respond to new information and changing conditions;
(3) describe current and proposed mechanisms to enhance
cooperation and coordination of fish, wildlife, and plant
adaptation efforts with other Federal agencies, State and local
governments, Indian Tribes, and nongovernmental stakeholders;
(4) include written guidance to resource managers; and
(5) identify and assess data and information gaps necessary
to develop fish, wildlife, and plant adaptation plans and
strategies.
(c) Implementation.--
(1) In general.--On approval by the President, each Federal
agency shall, consistent with existing authority, implement the
strategy implementation plan under subsection (a)(1) through
existing and new plans, policies, programs, activities, and
actions.
(2) Consideration of effects.--To the maximum extent
practicable and consistent with existing authority, fish,
wildlife, and plant conservation and management decisions made
by each Federal agency shall consider and promote resilience to
the ongoing and expected effects of extreme weather and climate
change.
(d) Revision and Review.--Not later than 1 year after the National
Strategy is revised under section 5(b), the Working Group shall review
and revise the strategy implementation plan under subsection (a)(1) to
incorporate the best available science, including advice and
information pursuant to section 6 and other information, regarding the
ongoing and expected effects of climate change on fish, wildlife, and
plants.
SEC. 8. STATE FISH, WILDLIFE, AND PLANTS ADAPTATION PLANS.
(a) Requirement.--To be eligible to receive funds pursuant to
subsection (d), not later than 1 year after the date of enactment of
this Act and not later than 1 year after the date of each revision of
the National Strategy, each State shall prepare and submit to the
Secretary of the Interior and the Secretary of Commerce, a State fish,
wildlife, and plant adaptation plan detailing current and future
efforts of the State to address the ongoing and expected effects of
climate change on fish, wildlife, and plants and coastal areas within
the jurisdiction of the State.
(b) Review or Approval.--The Secretary of the Interior and the
Secretary of Commerce shall--
(1) review each State adaptation plan; and
(2) approve a State adaptation plan if the plan--
(A) meets the requirements of subsection (c); and
(B) is consistent with the National Strategy.
(c) Contents.--A State adaptation plan shall--
(1) meet the requirements described in section 7(b), except
that the requirements of that section relating to marine
habitats or ecosystems shall not apply to a State in which
those habitats or ecosystems do not exist;
(2) include the adaptation provisions of any State
comprehensive wildlife conservation strategy (or State wildlife
action plan) that has been--
(A) submitted to the Director of the United States
Fish and Wildlife Service; and
(B) approved, or is pending approval, by the
Director of the United States Fish and Wildlife
Service;
(3) include the adaptation provisions of a statewide
assessment and strategy for forest resources required under
section 2A of the Cooperative Forestry Assistance Act of 1978
(16 U.S.C. 2101a) that has been--
(A) submitted to the Secretary of Agriculture; and
(B) approved, or is pending approval, by the
Secretary of Agriculture; and
(4) in the case of a State with coastal areas, include the
adaptation provisions of a Coastal Zone Management Plan or a
Coastal and Estuarine Land Conservation Program Plan that has
been--
(A) submitted to the Administrator of the National
Oceanic and Atmospheric Administration; and
(B) approved, or is pending approval, by the
Administrator of the National Oceanic and Atmospheric
Administration.
(d) Distribution of Funds to States.--Any funds made available
pursuant to this Act shall be--
(1) used to carry out activities in accordance with
adaptation plans approved under this section; and
(2) made available through--
(A) the State and Tribal wildlife grant program
under title I of division F of the Consolidated
Appropriations Act, 2008 (Public Law 110-161; 121 Stat.
2103); and
(B)(i) the grant program under section 306 of the
Coastal Zone Management Act of 1972 (16 U.S.C. 1455);
(ii) the Coastal and Estuarine Land Conservation
Program established under title II of the Department of
Commerce and Related Agencies Appropriations Act, 2002
(16 U.S.C. 1456d); and
(iii) programs established under the Cooperative
Forestry Assistance Act of 1978 (16 U.S.C. 2101 et
seq.).
(e) Public Input.--In developing an adaptation plan, a State shall
solicit and consider input from the public and independent scientists.
(f) Coordination With Other Plans.--A State adaptation plan shall,
where appropriate, integrate the goals and measures set forth in other
climate adaptation, hazard mitigation, and fish, wildlife, and plant
conservation strategies and plans.
(g) Updates.--Each State adaptation plan shall be updated at least
every 4 years.
<all>
Introduced in House
Introduced in House
Referred to the House Committee on Natural Resources.
Referred to the Subcommittee on Water, Oceans, and Wildlife.
Referred to the Subcommittee on National Parks, Forests, and Public Lands.
Referred to the Subcommittee for Indigenous Peoples of the United States.
Referred to the Subcommittee on Energy and Mineral Resources.
Subcommittee Hearings Held.
Subcommittee on Energy and Mineral Resources Discharged.
Subcommittee on National Parks, Forests, and Public Lands Discharged.
Subcommittee on Water, Oceans, and Wildlife Discharged.
Subcommittee for Indigenous Peoples of the United States Discharged.
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Committee Consideration and Mark-up Session Held.
Ordered to be Reported by the Yeas and Nays: 23 - 18.
Reported by the Committee on Natural Resources. H. Rept. 117-571.
Reported by the Committee on Natural Resources. H. Rept. 117-571.
Placed on the Union Calendar, Calendar No. 412.