SAFE Act

IB Union Calendar No. 412 117TH CONGRESS 2D SESSION H. R. 2872 [Report No. 117–571] 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. VELA´ZQUEZ) introduced the following bill; which was referred to the Committee on Natural Resources NOVEMBER 16, 2022 Additional sponsors: Mr. HUFFMAN, Mr. PANETTA, Ms. KUSTER, Ms. BROWNLEY, Mr. LOWENTHAL, Ms. JAYAPAL, and Ms. ESHOO NOVEMBER 16, 2022 Reported from the Committee on Natural Resources; committed to the Com- mittee of the Whole House on the State of the Union and ordered to be printed VerDate Sep 11 2014 00:07 Nov 17, 2022 Jkt 039200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6652 E:\BILLS\H2872.RH H2872 pbinns on DSKJLVW7X2PROD with $$_JOB 2 •HR 2872 RH A BILL To establish an integrated national approach to respond to ongoing and expected effects of extreme weather and climate change by protecting, managing, and conserving the fish, wildlife, and plants of the United States, and to maximize Government efficiency and reduce costs, in cooperation with State, local, and Tribal Governments and other entities, and for other purposes. VerDate Sep 11 2014 00:07 Nov 17, 2022 Jkt 039200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6652 E:\BILLS\H2872.RH H2872 pbinns on DSKJLVW7X2PROD with $$_JOB 3 •HR 2872 RH Be it enacted by the Senate and House of Representa- 1 tives of the United States of America in Congress assembled, 2 SECTION 1. SHORT TITLE. 3 This Act may be cited as the ‘‘Safeguarding Amer- 4 ica’s Future and Environment Act’’ or the ‘‘SAFE Act’’. 5 SEC. 2. FINDINGS, PURPOSES, AND POLICY. 6 (a) FINDINGS.—Congress finds that— 7 (1) healthy, diverse, and productive commu- 8 nities of fish, wildlife, and plants provide significant 9 benefits to the people and economy of the United 10 States, including— 11 (A) abundant clean water supplies; 12 (B) flood and coastal storm protection; 13 (C) clean air; 14 (D) a source of food, fiber, medicines, and 15 pollination of the crops and other plants of the 16 United States; 17 (E) outdoor recreation, which is a source 18 of jobs and economic stimulus; 19 (F) hunting and fishing opportunities and 20 support for subsistence communities; 21 (G) opportunities for scientific research 22 and education; 23 (H) world-class tourism destinations that 24 support local economies; and 25 VerDate Sep 11 2014 00:07 Nov 17, 2022 Jkt 039200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\H2872.RH H2872 pbinns on DSKJLVW7X2PROD with $$_JOB 4 •HR 2872 RH (I) sequestration and storage of carbon to 1 help mitigate changes to the global climate sys- 2 tem; 3 (2) the United States Geological Survey, Na- 4 tional Oceanic and Atmospheric Administration, Na- 5 tional Aeronautics and Space Administration, and 6 other agencies within the United States Global 7 Change Research Program have observed that the 8 fish, wildlife, and plants of the United States are 9 facing increasing risks from changing patterns of ex- 10 treme weather and climate, including— 11 (A) severe droughts and heatwaves; 12 (B) severe storms and floods; 13 (C) frequent and severe wildfires; 14 (D) more frequent and severe outbreaks of 15 forest pests and invasive species; 16 (E) flooding and erosion of coastal areas 17 due to rising sea levels; 18 (F) melting glaciers and sea ice; 19 (G) thawing permafrost; 20 (H) shifting distributions of fish, wildlife, 21 and plant populations; 22 (I) disruptive shifts in the timing of fish, 23 wildlife, and plant natural history cycles, such 24 as blooming, breeding, and seasonal migrations; 25 VerDate Sep 11 2014 00:07 Nov 17, 2022 Jkt 039200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\H2872.RH H2872 pbinns on DSKJLVW7X2PROD with $$_JOB 5 •HR 2872 RH (J) increasing ocean temperatures and 1 acidification; 2 (K) altered patterns of rain, snow, runoff, 3 and streamflow; and 4 (L) habitat loss, degradation, fragmenta- 5 tion, and movement; and 6 (3) the Federal Government should provide 7 leadership in preparing for and responding to the ef- 8 fects described in paragraph (2) to ensure that 9 present and future generations continue to receive 10 the benefits of the abundant and diverse fish, wild- 11 life, and plant resources of the United States. 12 (b) PURPOSES.—The purpose of this Act is to estab- 13 lish an integrated national approach— 14 (1) to respond to ongoing and expected effects 15 of extreme weather and climate change by pro- 16 tecting, managing, and conserving the fish, wildlife, 17 and plants of the United States; and 18 (2) to maximize Government efficiency and re- 19 duce costs, in cooperation with State, local, and 20 Tribal Governments and other entities. 21 (c) NATIONAL FISH, WILDLIFE, AND PLANTS CLI- 22 MATE CHANGE ADAPTATION POLICY.—It is the policy of 23 the Federal Government, in cooperation with State and 24 local governments, Indian Tribes, and other interested 25 VerDate Sep 11 2014 00:07 Nov 17, 2022 Jkt 039200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\H2872.RH H2872 pbinns on DSKJLVW7X2PROD with $$_JOB 6 •HR 2872 RH stakeholders to evaluate and reduce the increased risks 1 and vulnerabilities associated with climate change and ex- 2 treme weather events, and to use all practicable means to 3 protect, manage, and conserve healthy, diverse, and pro- 4 ductive fish, wildlife, and plant populations. 5 SEC. 3. DEFINITIONS. 6 In this Act: 7 (1) ADAPTATION.—The term ‘‘adaptation’’ 8 means— 9 (A) the process of adjustment to actual or 10 expected climate and the effects of climate 11 change; and 12 (B) with respect to fish, wildlife, and 13 plants, protection, management, and conserva- 14 tion efforts designed to maintain or enhance the 15 ability of fish, wildlife, and plants to withstand, 16 adjust to, or recover from the effects of extreme 17 weather and climate change (including, where 18 applicable, ocean acidification, drought, flood- 19 ing, and wildfire). 20 (2) CENTER.—The term ‘‘Center’’ means the 21 National Climate Change and Wildlife Science Cen- 22 ter established under section 6(a)(1). 23 (3) COMMITTEE.—The term ‘‘Committee’’ 24 means the Advisory Committee on Climate Change 25 VerDate Sep 11 2014 00:07 Nov 17, 2022 Jkt 039200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6201 E:\BILLS\H2872.RH H2872 pbinns on DSKJLVW7X2PROD with $$_JOB 7 •HR 2872 RH and Natural Resource Sciences established under 1 section 6(b)(1). 2 (4) ECOLOGICAL PROCESSES.—The term ‘‘eco- 3 logical processes’’ means biological, chemical, or 4 physical interaction between the biotic and abiotic 5 components of an ecosystem, including— 6 (A) decomposition; 7 (B) disease epizootiology; 8 (C) disturbance regimes, such as fire and 9 flooding; 10 (D) gene flow; 11 (E) hydrological cycling; 12 (F) larval dispersal and settlement; 13 (G) nutrient cycling; 14 (H) pollination; 15 (I) predator-prey relationships; and 16 (J) soil formation. 17 (5) HABITAT.—The term ‘‘habitat’’ means the 18 physical, chemical, and biological properties that 19 fish, wildlife, or plants use for growth, reproduction, 20 survival, food, water, or cover (whether on land, in 21 water, or in an area or region). 22 (6) HABITAT CONNECTIVITY.—The term ‘‘habi- 23 tat connectivity’’ means areas that facilitate terres- 24 VerDate Sep 11 2014 00:07 Nov 17, 2022 Jkt 039200 PO 00000 Frm 00007 Fmt 6652 Sfmt 6201 E:\BILLS\H2872.RH H2872 pbinns on DSKJLVW7X2PROD with $$_JOB 8 •HR 2872 RH trial, marine, estuarine, and freshwater fish, wildlife, 1 or plant movement that is necessary— 2 (A) for migration, gene flow, or dispersal; 3 or 4 (B) to respond to the ongoing and ex- 5 pected effects of climate change (including, 6 where applicable, ocean acidification, drought, 7 flooding, and wildfire). 8 (7) INDIAN TRIBE.—The term ‘‘Indian Tribe’’ 9 has the meaning given the term in section 4 of the 10 Indian Self-Determination and Education Assistance 11 Act (25 U.S.C. 5304(e)). 12 (8) NATIONAL STRATEGY.—The term ‘‘National 13 Strategy’’ means the National Fish, Wildlife, and 14 Plants Climate Adaptation Strategy released March 15 26, 2013. 16 (9) RESILIENCE; RESILIENT.—The terms ‘‘re- 17 silience’’ and ‘‘resilient’’ mean the ability to antici- 18 pate, prepare for, and adapt to changing conditions 19 and withstand, respond to, and recover rapidly from 20 disruptions. 21 (10) STATE.—The term ‘‘State’’ means— 22 (A) a State of the United States; 23 (B) the District of Columbia; 24 (C) American Samoa; 25 VerDate Sep 11 2014 00:07 Nov 17, 2022 Jkt 039200 PO 00000 Frm 00008 Fmt 6652 Sfmt 6201 E:\BILLS\H2872.RH H2872 pbinns on DSKJLVW7X2PROD with $$_JOB 9 •HR 2872 RH (D) Guam; 1 (E) the Commonwealth of the Northern 2 Mariana Islands; 3 (F) the Commonwealth of Puerto Rico; 4 and 5 (G) the United States Virgin Islands. 6 (11) WORKING GROUP.—The term ‘‘Working 7 Group’’ means the National Fish, Wildlife, and 8 Plants Climate Adaptation Strategy Joint Imple- 9 mentation Working Group established under section 10 4(a). 11 SEC. 4. NATIONAL FISH, WILDLIFE, AND PLANTS CLIMATE 12 ADAPTATION STRATEGY JOINT IMPLEMENTA- 13 TION WORKING GROUP. 14 (a) ESTABLISHMENT.—Not later than 90 days after 15 the date of enactment of this Act, the President shall es- 16 tablish a National Fish, Wildlife, and Plants Climate Ad- 17 aptation Strategy Joint Implementation Working Group 18 composed of the heads of Federal and State agencies or 19 departments with jurisdiction over fish, wildlife, and plant 20 resources of the United States, and Tribal representatives, 21 as follows: 22 (1) The Administrator of the Environmental 23 Protection Agency. 24 VerDate Sep 11 2014 00:07 Nov 17, 2022 Jkt 039200 PO 00000 Frm 00009 Fmt 6652 Sfmt 6201 E:\BILLS\H2872.RH H2872 pbinns on DSKJLVW7X2PROD with $$_JOB 10 •HR 2872 RH (2) The Administrator of the Federal Emer- 1 gency Management Agency. 2 (3) The Administrator of the National Oceanic 3 and Atmospheric Administration. 4 (4) The Chair of the Council on Environmental 5 Quality. 6 (5) The Chief of Engineers. 7 (6) The Chief of the Forest Service. 8 (7) The Commissioner of Reclamation. 9 (8) The Director of the Bureau of Indian Af- 10 fairs. 11 (9) The Director of the Bureau of Land Man- 12 agement. 13 (10) The Director of the National Park Service. 14 (11) The Director of the United States Fish 15 and Wildlife Service. 16 (12) The Director of the United States Geologi- 17 cal Survey. 18 (13) The Secretary of Agriculture. 19 (14) The Secretary of Defense. 20 (15) State representatives from each regional 21 association of State fish and wildlife agencies. 22 (16) Not less than 2 Tribal representatives. 23 (b) DUTIES.—The Working Group shall serve as a 24 forum for interagency consultation on, and the coordina- 25 VerDate Sep 11 2014 00:07 Nov 17, 2022 Jkt 039200 PO 00000 Frm 00010 Fmt 6652 Sfmt 6201 E:\BILLS\H2872.RH H2872 pbinns on DSKJLVW7X2PROD with $$_JOB 11 •HR 2872 RH tion of, the development and implementation of the Na- 1 tional Strategy. 2 (c) CO-CHAIRS.—There shall be 4 co-chairs, of 3 whom— 4 (1) two shall be representatives of the Federal 5 Government; 6 (2) one shall be a representative of a State; and 7 (3) one shall be a Tribal representative. 8 SEC. 5. NATIONAL FISH, WILDLIFE, AND PLANTS CLIMATE 9 ADAPTATION STRATEGY. 10 (a) IN GENERAL.—The Working Group shall adopt 11 the National Strategy to protect, manage, and conserve 12 fish, wildlife, and plants to maintain the inherent resil- 13 ience and adaptability of fish, wildlife, and plants to with- 14 stand the ongoing and expected effects of extreme weather 15 and climate change. 16 (b) REVIEW AND REVISION.—Not later than 1 year 17 after each release of the assessment required under section 18 106 of the Global Change Research Act of 1990 (15 19 U.S.C. 2936), the Working Group shall— 20 (1) use sound science to review and revise the 21 National Strategy to incorporate— 22 (A) new information regarding the ongoing 23 and expected effects of climate change on fish, 24 wildlife, and plants; and 25 VerDate Sep 11 2014 00:07 Nov 17, 2022 Jkt 039200 PO 00000 Frm 00011 Fmt 6652 Sfmt 6201 E:\BILLS\H2872.RH H2872 pbinns on DSKJLVW7X2PROD with $$_JOB 12 •HR 2872 RH (B) advances in the development of fish, 1 wildlife, and plant adaptation strategies; and 2 (2) in carrying out paragraph (1), provide pub- 3 lic notice and opportunity for comment. 4 (c) CONTENTS.—A revised National Strategy shall— 5 (1) assess the vulnerability of fish, wildlife, and 6 plants to climate change, including short-term, me- 7 dium-term, long-term, and cumulative impacts; 8 (2) describe current observation and monitoring 9 activities at the Federal, State, Tribal, and local lev- 10 els relating to the ongoing and expected effects of 11 climate change on fish, wildlife, and plants; 12 (3) identify and prioritize research and data 13 needs; 14 (4) identify fish, wildlife, and plants likely to 15 have the greatest need for protection, restoration, 16 and conservation due to the ongoing and expanding 17 effects of extreme weather and climate change; 18 (5) include specific protocols for integrating 19 fish, wildlife, and plant adaptation strategies and ac- 20 tivities into the conservation and management of 21 natural resources by Federal agencies to ensure con- 22 sistency across agency jurisdictions; 23 (6) identify opportunities for maintaining, re- 24 storing, or enhancing fish, wildlife, and plants to re- 25 VerDate Sep 11 2014 00:07 Nov 17, 2022 Jkt 039200 PO 00000 Frm 00012 Fmt 6652 Sfmt 6201 E:\BILLS\H2872.RH H2872 pbinns on DSKJLVW7X2PROD with $$_JOB 13 •HR 2872 RH duce the risks of extreme weather and climate 1 change on other vulnerable sectors of society; 2 (7) identify Federal policies and actions that 3 may reduce resilience and increase the vulnerability 4 of fish, wildlife, and plants to extreme weather and 5 climate change; 6 (8) include specific actions that Federal agen- 7 cies shall take to protect, conserve, and manage fish, 8 wildlife, and plants to maintain the inherent resil- 9 ience and adaptability of fish, wildlife, and plants to 10 withstand, adjust to, or recover from the ongoing 11 and expected effects of climate change, including a 12 timeline to implement those a [Text truncated for display. 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