SAFE Act

II 116TH CONGRESS 1ST SESSION S. 1482 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 SENATE OF THE UNITED STATES MAY 15, 2019 Mr. WHITEHOUSE (for himself, Mr. BLUMENTHAL, Mrs. FEINSTEIN, Mr. BOOKER, Mr. MERKLEY, Ms. HARRIS, Mr. CARPER, and Mr. WYDEN) in- troduced the following bill; which was read twice and referred to the Com- mittee on Environment and Public Works 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 Representa- 1 tives of the United States of America in Congress assembled, 2 VerDate Sep 11 2014 02:23 May 25, 2019 Jkt 089200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\S1482.IS S1482 kjohnson on DSK79L0C42 with BILLS 2 •S 1482 IS SECTION 1. SHORT TITLE. 1 This Act may be cited as the ‘‘Safeguarding Amer- 2 ica’s Future and Environment Act’’ or the ‘‘SAFE Act’’. 3 SEC. 2. FINDINGS, PURPOSES, AND POLICY. 4 (a) FINDINGS.—Congress finds that— 5 (1) healthy, diverse, and productive commu- 6 nities of fish, wildlife, and plants provide significant 7 benefits to the people and economy of the United 8 States, including— 9 (A) abundant clean water supplies; 10 (B) flood and coastal storm protection; 11 (C) clean air; 12 (D) a source of food, fiber, medicines, and 13 pollination of the crops and other plants of the 14 United States; 15 (E) outdoor recreation, which is a source 16 of jobs and economic stimulus; 17 (F) hunting and fishing opportunities and 18 support for subsistence communities; 19 (G) opportunities for scientific research 20 and education; 21 (H) world-class tourism destinations that 22 support local economies; and 23 (I) sequestration and storage of carbon to 24 help mitigate changes to the global climate sys- 25 tem; 26 VerDate Sep 11 2014 02:23 May 25, 2019 Jkt 089200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\S1482.IS S1482 kjohnson on DSK79L0C42 with BILLS 3 •S 1482 IS (2) the United States Geological Survey, Na- 1 tional Oceanic and Atmospheric Administration, Na- 2 tional Aeronautics and Space Administration, and 3 other agencies within the United States Global 4 Change Research Program have observed that the 5 fish, wildlife, and plants of the United States are 6 facing increasing risks from changing patterns of ex- 7 treme weather and climate, including— 8 (A) severe droughts and heatwaves; 9 (B) severe storms and floods; 10 (C) frequent and severe wildfires; 11 (D) more frequent and severe outbreaks of 12 forest pests and invasive species; 13 (E) flooding and erosion of coastal areas 14 due to rising sea levels; 15 (F) melting glaciers and sea ice; 16 (G) thawing permafrost; 17 (H) shifting distributions of fish, wildlife, 18 and plant populations; 19 (I) disruptive shifts in the timing of fish, 20 wildlife, and plant natural history cycles, such 21 as blooming, breeding, and seasonal migrations; 22 (J) increasing ocean temperatures and 23 acidification; 24 VerDate Sep 11 2014 02:23 May 25, 2019 Jkt 089200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\S1482.IS S1482 kjohnson on DSK79L0C42 with BILLS 4 •S 1482 IS (K) altered patterns of rain, snow, runoff, 1 and streamflow; and 2 (L) habitat loss, degradation, fragmenta- 3 tion, and movement; and 4 (3) the Federal Government should provide 5 leadership in preparing for and responding to the ef- 6 fects described in paragraph (2) to ensure that 7 present and future generations continue to receive 8 the benefits of the abundant and diverse fish, wild- 9 life, and plant resources of the United States. 10 (b) PURPOSES.—The purpose of this Act is to estab- 11 lish an integrated national approach— 12 (1) to respond to ongoing and expected effects 13 of extreme weather and climate change by pro- 14 tecting, managing, and conserving the fish, wildlife, 15 and plants of the United States; and 16 (2) to maximize Government efficiency and re- 17 duce costs, in cooperation with State, local, and 18 Tribal governments and other entities. 19 (c) NATIONAL FISH, WILDLIFE, AND PLANTS CLI- 20 MATE CHANGE ADAPTATION POLICY.—It is the policy of 21 the Federal Government, in cooperation with State and 22 local governments, Indian tribes, and other interested 23 stakeholders, to evaluate and reduce the increased risks 24 and vulnerabilities associated with climate change and ex- 25 VerDate Sep 11 2014 02:23 May 25, 2019 Jkt 089200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\S1482.IS S1482 kjohnson on DSK79L0C42 with BILLS 5 •S 1482 IS treme weather events, and to use all practicable means to 1 protect, manage, and conserve healthy, diverse, and pro- 2 ductive fish, wildlife, and plant populations. 3 SEC. 3. DEFINITIONS. 4 In this Act: 5 (1) ADAPTATION.—The term ‘‘adaptation’’ 6 means— 7 (A) the process of adjustment to actual or 8 expected climate and the effects of climate 9 change; and 10 (B) with respect to fish, wildlife, and 11 plants, protection, management, and conserva- 12 tion efforts designed to maintain or enhance the 13 ability of fish, wildlife, and plants to withstand, 14 adjust to, or recover from the effects of extreme 15 weather and climate change (including, where 16 applicable, ocean acidification, drought, flood- 17 ing, and wildfire). 18 (2) CENTER.—The term ‘‘Center’’ means the 19 National Climate Change and Wildlife Science Cen- 20 ter established under section 6(a)(1). 21 (3) COMMITTEE.—The term ‘‘Committee’’ 22 means the Advisory Committee on Climate Change 23 and Natural Resource Sciences established under 24 section 6(b)(1). 25 VerDate Sep 11 2014 02:23 May 25, 2019 Jkt 089200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\S1482.IS S1482 kjohnson on DSK79L0C42 with BILLS 6 •S 1482 IS (4) ECOLOGICAL PROCESSES.—The term ‘‘eco- 1 logical processes’’ means biological, chemical, or 2 physical interaction between the biotic and abiotic 3 components of an ecosystem, including— 4 (A) decomposition; 5 (B) disease epizootiology; 6 (C) disturbance regimes, such as fire and 7 flooding; 8 (D) gene flow; 9 (E) hydrological cycling; 10 (F) larval dispersal and settlement; 11 (G) nutrient cycling; 12 (H) pollination; 13 (I) predator-prey relationships; and 14 (J) soil formation. 15 (5) HABITAT.—The term ‘‘habitat’’ means the 16 physical, chemical, and biological properties that 17 fish, wildlife, or plants use for growth, reproduction, 18 survival, food, water, or cover (whether on land, in 19 water, or in an area or region). 20 (6) HABITAT CONNECTIVITY.—The term ‘‘habi- 21 tat connectivity’’ means areas that facilitate terres- 22 trial, marine, estuarine, and freshwater fish, wildlife, 23 or plant movement that is necessary— 24 VerDate Sep 11 2014 02:23 May 25, 2019 Jkt 089200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6201 E:\BILLS\S1482.IS S1482 kjohnson on DSK79L0C42 with BILLS 7 •S 1482 IS (A) for migration, gene flow, or dispersal; 1 or 2 (B) to respond to the ongoing and ex- 3 pected effects of climate change (including, 4 where applicable, ocean acidification, drought, 5 flooding, and wildfire). 6 (7) INDIAN TRIBE.—The term ‘‘Indian tribe’’ 7 has the meaning given the term in section 4 of the 8 Indian Self-Determination and Education Assistance 9 Act (25 U.S.C. 5304). 10 (8) NATIONAL STRATEGY.—The term ‘‘National 11 Strategy’’ means the National Fish, Wildlife, and 12 Plants Climate Adaptation Strategy released March 13 26, 2013. 14 (9) RESILIENCE; RESILIENT.—The terms ‘‘re- 15 silience’’ and ‘‘resilient’’ mean the ability to antici- 16 pate, prepare for, and adapt to changing conditions 17 and withstand, respond to, and recover rapidly from 18 disruptions. 19 (10) STATE.—The term ‘‘State’’ means— 20 (A) a State of the United States; 21 (B) the District of Columbia; 22 (C) American Samoa; 23 (D) Guam; 24 VerDate Sep 11 2014 02:23 May 25, 2019 Jkt 089200 PO 00000 Frm 00007 Fmt 6652 Sfmt 6201 E:\BILLS\S1482.IS S1482 kjohnson on DSK79L0C42 with BILLS 8 •S 1482 IS (E) the Commonwealth of the Northern 1 Mariana Islands; 2 (F) the Commonwealth of Puerto Rico; 3 and 4 (G) the United States Virgin Islands. 5 (11) WORKING GROUP.—The term ‘‘Working 6 Group’’ means the National Fish, Wildlife, and 7 Plants Climate Adaptation Strategy Joint Imple- 8 mentation Working Group established under section 9 4(a). 10 SEC. 4. NATIONAL FISH, WILDLIFE, AND PLANTS CLIMATE 11 ADAPTATION STRATEGY JOINT IMPLEMENTA- 12 TION WORKING GROUP. 13 (a) ESTABLISHMENT.—Not later than 90 days after 14 the date of enactment of this Act, the President shall es- 15 tablish a National Fish, Wildlife, and Plants Climate Ad- 16 aptation Strategy Joint Implementation Working Group 17 composed of the heads of Federal and State agencies or 18 departments with jurisdiction over fish, wildlife, and plant 19 resources of the United States, and Tribal representatives, 20 as follows: 21 (1) The Administrator of the Environmental 22 Protection Agency. 23 (2) The Administrator of the Federal Emer- 24 gency Management Agency. 25 VerDate Sep 11 2014 02:23 May 25, 2019 Jkt 089200 PO 00000 Frm 00008 Fmt 6652 Sfmt 6201 E:\BILLS\S1482.IS S1482 kjohnson on DSK79L0C42 with BILLS 9 •S 1482 IS (3) The Administrator of the National Oceanic 1 and Atmospheric Administration. 2 (4) The Chair of the Council on Environmental 3 Quality. 4 (5) The Chief of Engineers. 5 (6) The Chief of the Forest Service. 6 (7) The Commissioner of Reclamation. 7 (8) The Director of the Bureau of Indian Af- 8 fairs. 9 (9) The Director of the Bureau of Land Man- 10 agement. 11 (10) The Director of the National Park Service. 12 (11) The Director of the United States Fish 13 and Wildlife Service. 14 (12) The Director of the United States Geologi- 15 cal Survey. 16 (13) The Secretary of Agriculture. 17 (14) The Secretary of Defense. 18 (15) State representatives from each regional 19 association of State fish and wildlife agencies. 20 (16) Not less than 2 Tribal representatives. 21 (b) DUTIES.—The Working Group shall serve as a 22 forum for interagency consultation on, and the coordina- 23 tion of, the development and implementation of the Na- 24 tional Strategy. 25 VerDate Sep 11 2014 02:23 May 25, 2019 Jkt 089200 PO 00000 Frm 00009 Fmt 6652 Sfmt 6201 E:\BILLS\S1482.IS S1482 kjohnson on DSK79L0C42 with BILLS 10 •S 1482 IS (c) CO-CHAIRS.—There shall be 4 co-chairs, of 1 whom— 2 (1) 2 shall be representatives of the Federal 3 Government; 4 (2) 1 shall be a representative of a State; and 5 (3) 1 shall be a Tribal representative. 6 SEC. 5. NATIONAL FISH, WILDLIFE, AND PLANTS CLIMATE 7 ADAPTATION STRATEGY. 8 (a) IN GENERAL.—The Working Group shall adopt 9 the National Strategy to protect, manage, and conserve 10 fish, wildlife, and plants to maintain the inherent resil- 11 ience and adaptability of fish, wildlife, and plants to with- 12 stand the ongoing and expected effects of extreme weather 13 and climate change. 14 (b) REVIEW AND REVISION.—Not later than 1 year 15 after each release of the assessment required under section 16 106 of the Global Change Research Act of 1990 (15 17 U.S.C. 2936), the Working Group shall— 18 (1) use sound science to review and revise the 19 National Strategy to incorporate— 20 (A) new information regarding the ongoing 21 and expected effects of climate change on fish, 22 wildlife, and plants; and 23 (B) advances in the development of fish, 24 wildlife, and plant adaptation strategies; and 25 VerDate Sep 11 2014 02:23 May 25, 2019 Jkt 089200 PO 00000 Frm 00010 Fmt 6652 Sfmt 6201 E:\BILLS\S1482.IS S1482 kjohnson on DSK79L0C42 with BILLS 11 •S 1482 IS (2) in carrying out paragraph (1), provide pub- 1 lic notice and opportunity for comment. 2 (c) CONTENTS.—A revised National Strategy shall— 3 (1) assess the vulnerability of fish, wildlife, and 4 plants to climate change, including short-term, me- 5 dium-term, long-term, and cumulative impacts; 6 (2) describe current, observation, and moni- 7 toring activities at the Federal, State, Tribal, and 8 local levels relating to the ongoing and expected ef- 9 fects of climate change on fish, wildlife, and plants; 10 (3) identify and prioritize research and data 11 needs; 12 (4) identify fish, wildlife, and plants likely to 13 have the greatest need for protection, restoration, 14 and conservation due to the ongoing and expanding 15 effects of extreme weather and climate change; 16 (5) include specific protocols for integrating 17 fish, wildlife, and plant adaptation strategies and ac- 18 tivities into the conservation and management of 19 natural resources by Federal agencies to ensure con- 20 sistency across agency jurisdictions; 21 (6) identify opportunities for maintaining, re- 22 storing, or enhancing fish, wildlife, and plants to re- 23 duce the risks of extreme weather and climate 24 change on other vulnerable sectors of society; 25 VerDate Sep 11 2014 02:23 May 25, 2019 Jkt 089200 PO 00000 Frm 00011 Fmt 6652 Sfmt 6201 E:\BILLS\S1482.IS S1482 kjohnson on DSK79L0C42 with BILLS 12 •S 1482 IS (7) identify Federal policies and actions that 1 may reduce resilience and increase the vulnerability 2 of fish, wildlife, and plants to extreme weather and 3 climate change; 4 (8) include specific actions that Federal agen- 5 cies shall take to protect, conserve, and manage fish, 6 wildlife, and plants to maintain the inherent resil- 7 ience and adaptability of fish, wildlife, and plants to 8 withstand, adjust to, or recover from the ongoing 9 and expected effects of climate change, including a 10 timeline to implement those actions; 11 (9) include specific mechanisms for ensuring 12 communication and coordination— 13 (A) among Federal agencies; and 14 (B) between Federal agencies and State 15 agencies, territories of the United States, In- 16 dian tribes, private landowners, conservation or- 17 ganizations, and other countries that share ju- 18 risdiction over fish, wildlife, and plants with the 19 United States; 20 (10) include specific actions to develop and im- 21 plement coordinated fish, wildlife, and plants inven- 22 tory and monitoring protocols through interagency 23 coordination and collaboration with States and local 24 VerDate Sep 11 2014 02:23 May 25, 2019 Jkt 089200 PO 00000 Frm 00012 Fmt 665 [Text truncated for display. 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