SAFE Act

IB Union Calendar No. 385 116TH CONGRESS 2D SESSION H. R. 2748 [Report No. 116–481] 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 MAY 15, 2019 Mr. CARTWRIGHT (for himself, Ms. JAYAPAL, Mr. CONNOLLY, Ms. NORTON, Mr. PANETTA, Mr. LOWENTHAL, Mr. POCAN, Mr. COHEN, Ms. ESHOO, Ms. LEE of California, Ms. MENG, and Mr. MCGOVERN) introduced the following bill; which was referred to the Committee on Natural Resources SEPTEMBER 1, 2020 Additional sponsors: Mr. ROUDA, Mr. HUFFMAN, Mrs. DINGELL, Mr. TONKO, Mr. RASKIN, Ms. HAALAND, Mr. DESAULNIER, Ms. CLARKE of New York, Mrs. KIRKPATRICK, Ms. JACKSON LEE, Mr. CASE, Mr. THOMPSON of Mississippi, Mr. QUIGLEY, Ms. KUSTER of New Hampshire, Mrs. NAPOLITANO, Ms. VELA´ZQUEZ, Mr. GRIJALVA, and Mr. CASTEN of Illi- nois SEPTEMBER 1, 2020 Reported with an amendment; committed to the Committee of the Whole House on the State of the Union and ordered to be printed [Strike out all after the enacting clause and insert the part printed in italic] [For text of introduced bill, see copy of bill as introduced on May 15, 2019] VerDate Sep 11 2014 00:22 Sep 02, 2020 Jkt 099200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6652 E:\BILLS\H2748.RH H2748 pbinns on DSKJLVW7X2PROD with BILLS 2 •HR 2748 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 00:22 Sep 02, 2020 Jkt 099200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6652 E:\BILLS\H2748.RH H2748 pbinns on DSKJLVW7X2PROD with BILLS 3 •HR 2748 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 America’s 4 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 communities 8 of fish, wildlife, and plants provide significant bene- 9 fits to the people and economy of the United States, 10 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 of 18 jobs and economic stimulus; 19 (F) hunting and fishing opportunities and 20 support for subsistence communities; 21 (G) opportunities for scientific research and 22 education; 23 (H) world-class tourism destinations that 24 support local economies; and 25 VerDate Sep 11 2014 00:22 Sep 02, 2020 Jkt 099200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6203 E:\BILLS\H2748.RH H2748 pbinns on DSKJLVW7X2PROD with BILLS 4 •HR 2748 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 fish, 8 wildlife, and plants of the United States are facing 9 increasing risks from changing patterns of extreme 10 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 00:22 Sep 02, 2020 Jkt 099200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6203 E:\BILLS\H2748.RH H2748 pbinns on DSKJLVW7X2PROD with BILLS 5 •HR 2748 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 lead- 7 ership in preparing for and responding to the effects 8 described in paragraph (2) to ensure that present and 9 future generations continue to receive the benefits of 10 the abundant and diverse fish, wildlife, and plant re- 11 sources of the United States. 12 (b) PURPOSES.—The purpose of this Act is to establish 13 an integrated national approach— 14 (1) to respond to ongoing and expected effects of 15 extreme weather and climate change by protecting, 16 managing, and conserving the fish, wildlife, and 17 plants of the United States; and 18 (2) to maximize Government efficiency and re- 19 duce costs, in cooperation with State, local, and Trib- 20 al Governments and other entities. 21 (c) NATIONAL FISH, WILDLIFE, AND PLANTS CLIMATE 22 CHANGE ADAPTATION POLICY.—It is the policy of the Fed- 23 eral Government, in cooperation with State and local gov- 24 ernments, Indian Tribes, and other interested stakeholders 25 VerDate Sep 11 2014 00:22 Sep 02, 2020 Jkt 099200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6203 E:\BILLS\H2748.RH H2748 pbinns on DSKJLVW7X2PROD with BILLS 6 •HR 2748 RH to evaluate and reduce the increased risks and 1 vulnerabilities associated with climate change and extreme 2 weather events, and to use all practicable means to protect, 3 manage, and conserve healthy, diverse, and productive fish, 4 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, flooding, 19 and wildfire). 20 (2) CENTER.—The term ‘‘Center’’ means the Na- 21 tional Climate Change and Wildlife Science Center 22 established under section 6(a)(1). 23 (3) COMMITTEE.—The term ‘‘Committee’’ means 24 the Advisory Committee on Climate Change and Nat- 25 VerDate Sep 11 2014 00:22 Sep 02, 2020 Jkt 099200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6203 E:\BILLS\H2748.RH H2748 pbinns on DSKJLVW7X2PROD with BILLS 7 •HR 2748 RH ural Resource Sciences established under section 1 6(b)(1). 2 (4) ECOLOGICAL PROCESSES.—The term ‘‘eco- 3 logical processes’’ means biological, chemical, or phys- 4 ical interaction between the biotic and abiotic compo- 5 nents 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 fish, 19 wildlife, or plants use for growth, reproduction, sur- 20 vival, food, water, or cover (whether on land, in 21 water, or in an area or region). 22 (6) HABITAT CONNECTIVITY.—The term ‘‘habitat 23 connectivity’’ means areas that facilitate terrestrial, 24 VerDate Sep 11 2014 00:22 Sep 02, 2020 Jkt 099200 PO 00000 Frm 00007 Fmt 6652 Sfmt 6203 E:\BILLS\H2748.RH H2748 pbinns on DSKJLVW7X2PROD with BILLS 8 •HR 2748 RH marine, estuarine, and freshwater fish, wildlife, or 1 plant movement that is necessary— 2 (A) for migration, gene flow, or dispersal; 3 or 4 (B) to respond to the ongoing and expected 5 effects of climate change (including, where appli- 6 cable, ocean acidification, drought, flooding, and 7 wildfire). 8 (7) INDIAN TRIBE.—The term ‘‘Indian Tribe’’ 9 has the meaning given the term in section 4 of the In- 10 dian 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 ‘‘resil- 17 ience’’ and ‘‘resilient’’ mean the ability to anticipate, 18 prepare for, and adapt to changing conditions and 19 withstand, respond to, and recover rapidly from dis- 20 ruptions. 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 00:22 Sep 02, 2020 Jkt 099200 PO 00000 Frm 00008 Fmt 6652 Sfmt 6203 E:\BILLS\H2748.RH H2748 pbinns on DSKJLVW7X2PROD with BILLS 9 •HR 2748 RH (D) Guam; 1 (E) the Commonwealth of the Northern 2 Mariana Islands; 3 (F) the Commonwealth of Puerto Rico; 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 Implemen- 8 tation Working Group established under section 4(a). 9 SEC. 4. NATIONAL FISH, WILDLIFE, AND PLANTS CLIMATE 10 ADAPTATION STRATEGY JOINT IMPLEMENTA- 11 TION WORKING GROUP. 12 (a) ESTABLISHMENT.—Not later than 90 days after 13 the date of enactment of this Act, the President shall estab- 14 lish a National Fish, Wildlife, and Plants Climate Adapta- 15 tion Strategy Joint Implementation Working Group com- 16 posed of the heads of Federal and State agencies or depart- 17 ments with jurisdiction over fish, wildlife, and plant re- 18 sources of the United States, and Tribal representatives, as 19 follows: 20 (1) The Administrator of the Environmental 21 Protection Agency. 22 (2) The Administrator of the Federal Emergency 23 Management Agency. 24 VerDate Sep 11 2014 00:22 Sep 02, 2020 Jkt 099200 PO 00000 Frm 00009 Fmt 6652 Sfmt 6203 E:\BILLS\H2748.RH H2748 pbinns on DSKJLVW7X2PROD with BILLS 10 •HR 2748 RH (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 Affairs. 8 (9) The Director of the Bureau of Land Manage- 9 ment. 10 (10) The Director of the National Park Service. 11 (11) The Director of the United States Fish and 12 Wildlife Service. 13 (12) The Director of the United States Geological 14 Survey. 15 (13) The Secretary of Agriculture. 16 (14) The Secretary of Defense. 17 (15) State representatives from each regional as- 18 sociation of State fish and wildlife agencies. 19 (16) Not less than 2 Tribal representatives. 20 (b) DUTIES.—The Working Group shall serve as a 21 forum for interagency consultation on, and the coordination 22 of, the development and implementation of the National 23 Strategy. 24 (c) CO-CHAIRS.—There shall be 4 co-chairs, of whom— 25 VerDate Sep 11 2014 00:22 Sep 02, 2020 Jkt 099200 PO 00000 Frm 00010 Fmt 6652 Sfmt 6203 E:\BILLS\H2748.RH H2748 pbinns on DSKJLVW7X2PROD with BILLS 11 •HR 2748 RH (1) two shall be representatives of the Federal 1 Government; 2 (2) one shall be a representative of a State; and 3 (3) one shall be a Tribal representative. 4 SEC. 5. NATIONAL FISH, WILDLIFE, AND PLANTS CLIMATE 5 ADAPTATION STRATEGY. 6 (a) IN GENERAL.—The Working Group shall adopt the 7 National Strategy to protect, manage, and conserve fish, 8 wildlife, and plants to maintain the inherent resilience and 9 adaptability of fish, wildlife, and plants to withstand the 10 ongoing and expected effects of extreme weather and climate 11 change. 12 (b) REVIEW AND REVISION.—Not later than 1 year 13 after each release of the assessment required under section 14 106 of the Global Change Research Act of 1990 (15 U.S.C. 15 2936), the Working Group shall— 16 (1) use sound science to review and revise the 17 National Strategy to incorporate— 18 (A) new information regarding the ongoing 19 and expected effects of climate change on fish, 20 wildlife, and plants; and 21 (B) advances in the development of fish, 22 wildlife, and plant adaptation strategies; and 23 (2) in carrying out paragraph (1), provide pub- 24 lic notice and opportunity for comment. 25 VerDate Sep 11 2014 00:22 Sep 02, 2020 Jkt 099200 PO 00000 Frm 00011 Fmt 6652 Sfmt 6203 E:\BILLS\H2748.RH H2748 pbinns on DSKJLVW7X2PROD with BILLS 12 •HR 2748 RH (c) CONTENTS.—A revised National Strategy shall— 1 (1) assess the vulnerability of fish, wildlife, and 2 plants to climate change, including short-term, me- 3 dium-term, long-term, and cumulative impacts; 4 (2) describe current observation and monitoring 5 activities at the Federal, State, Tribal, and local lev- 6 els relating to the ongoing and expected effects of cli- 7 mate change on fish, wildlife, and plants; 8 (3) identify and prioritize research and data 9 needs; 10 (4) identify fish, wildlife, and plants likely to 11 have the greatest need for protection, restoration, and 12 conservation due to the ongoing and expanding effects 13 of extreme weather and climate change; 14 (5) include specific protocols for integrating fish, 15 wildlife, and plant adaptation strategies and activi- 16 ties into the conservation and management of natural 17 resources by Federal agencies to ensure consistency 18 across agency jurisdictions; 19 (6) identify opportunities for maintaining, re- 20 storing, or enhancing fish, wildlife, and plants to re- 21 duce the risks of extreme weather and climate change 22 on other vulnerable sectors of society; 23 (7) identify Federal policies and actions that 24 may reduce resilience and increase the vulnerability 25 VerDate Sep 11 2014 00:22 Sep 02, 2020 Jkt 099200 PO 00000 Frm 00012 Fmt 6652 Sfmt 6203 E:\BILLS\H2748.RH H2748 pbinns on DSKJLVW7X2PROD with BILLS 13 •HR 2748 RH of fish, wildlife, and plants to extreme weather and 1 climate change; 2 (8) include specific actions that Federal agencies 3 shall take to protect, conserve, and manage fish, wild- 4 life, and plants to maintain t [Text truncated for display. 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