SAFE Act

[Congressional Bills 113th Congress]
[From the U.S. Government Publishing Office]
[S. 1202 Introduced in Senate (IS)]

113th CONGRESS
  1st Session
                                S. 1202

 To establish an integrated Federal program to respond to ongoing and
 expected impacts of extreme weather and climate change by protecting,
 restoring, and conserving the natural resources of the United States,
and to maximize government efficiency and reduce costs, in cooperation
     with State, local, and tribal governments and other entities.

_______________________________________________________________________

                   IN THE SENATE OF THE UNITED STATES

                             June 20, 2013

 Mr. Whitehouse (for himself and Mr. Baucus) introduced the following
bill; which was read twice and referred to the Committee on Environment
                            and Public Works

_______________________________________________________________________

                                 A BILL

 To establish an integrated Federal program to respond to ongoing and
 expected impacts of extreme weather and climate change by protecting,
 restoring, and conserving the natural resources of the United States,
and to maximize government efficiency and reduce costs, in cooperation
     with State, local, and tribal governments and other entities.

    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) natural resources 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 for 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
                of subsistence communities;
                    (G) scientific research and education; and
                    (H) world-class tourism destinations that support
                local economies;
            (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 natural
        resources of the United States are facing increasing impacts
        from extreme weather and climate change, including--
                    (A) more frequent and severe droughts and
                heatwaves;
                    (B) more frequent and severe storms and floods;
                    (C) more 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 fish, wildlife, and plant population
                ranges;
                    (I) disruptive shifts in the timing of fish,
                wildlife, and plant natural history cycles, such as
                blooming, breeding, and seasonal migrations; and
                    (J) ocean acidification; and
            (3) the Federal Government should provide leadership in
        preparing for and responding to the impacts described in
        paragraph (2) to ensure that present and future generations
        continue to receive the benefits of the abundant and diverse
        natural resources of the United States.
    (b) Purposes.--The purpose of this Act is to establish an
integrated Federal program--
            (1) to respond to ongoing and expected impacts of extreme
        weather and climate change by protecting, restoring, and
        conserving the natural resources 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) Natural Resources 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 future extreme weather events and other climate impacts in
carrying out the respective missions of those entities and to use all
practicable means to protect, restore, and conserve natural resources
so that natural resources--
            (1) become more resilient, adapt to, and withstand the
        ongoing and expected impacts of extreme weather and climate
        change; and
            (2) can continue safeguarding the communities in, and
        sustaining the economy of, the United States.

SEC. 3. DEFINITIONS.

    In this Act:
            (1) Board.--The term ``Board'' means the Science Advisory
        Board established under section 6(b)(1).
            (2) Center.--The term ``Center'' means the National Climate
        Change and Wildlife Science Center established under section
        6(a)(1).
            (3) Corridors.--The term ``corridors'' means areas that--
                    (A) provide connectivity, over different time
                scales, of landscapes, habitats or potential habitats,
                and ecological processes; and
                    (B) facilitate terrestrial, marine, estuarine, and
                freshwater fish, wildlife, or plant movement that is
                necessary--
                            (i) for migration, gene flow, or dispersal;
                        or
                            (ii) to respond to the ongoing and expected
                        impacts of climate change (including, where
                        applicable, ocean acidification, drought,
                        flooding, and wildfire).
            (4) Ecological processes.--The term ``ecological
        processes'' means biological, chemical, or physical interaction
        between the biotic and abiotic components of an ecosystem,
        including--
                    (A) nutrient cycling;
                    (B) pollination;
                    (C) predator-prey relationships;
                    (D) soil formation;
                    (E) gene flow;
                    (F) disease epizootiology;
                    (G) larval dispersal and settlement;
                    (H) hydrological cycling;
                    (I) decomposition; and
                    (J) disturbance regimes, such as fire and flooding.
            (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) 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. 450b).
            (7) Natural resources.--The term ``natural resources''
        means land, wildlife, fish, air, water, plants, habitats, and
        ecosystems of the United States.
            (8) Natural resources adaptation.--The term ``natural
        resources adaptation'' means the protection, restoration, and
        conservation of natural resources so that natural resources
        become more resilient, adapt to, and withstand the ongoing and
        expected impacts of extreme weather and climate change
        (including, where applicable, ocean acidification, drought,
        flooding, and wildfire).
            (9) Panel.--The term ``Panel'' means the Natural Resources
        Climate Change Adaptation Panel established under section 4(a).
            (10) Resilience; resilient.--The terms ``resilience'' and
        ``resilient'', with respect to a natural resource, mean the
        ability of the natural resource to recover from disturbance.
            (11) 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.
            (12) Strategy.--The term ``Strategy'' means the National
        Fish, Wildlife, and Plants Climate Adaptation Strategy released
        March 26, 2013.

SEC. 4. NATURAL RESOURCES CLIMATE CHANGE ADAPTATION PANEL.

    (a) Establishment.--Not later than 90 days after the date of
enactment of this Act, the President shall establish a Natural
Resources Climate Change Adaptation Panel composed of the heads of
Federal agencies or departments with jurisdiction over natural
resources of the United States and State and tribal representatives,
including--
            (1) the Administrator of the National Oceanic and
        Atmospheric Administration;
            (2) the Chief of the Forest Service;
            (3) the Director of the National Park Service;
            (4) the Director of the United States Fish and Wildlife
        Service;
            (5) the Director of the Bureau of Land Management;
            (6) the Director of the United States Geological Survey;
            (7) the Commissioner of Reclamation;
            (8) the Director of the Bureau of Indian Affairs;
            (9) the Administrator of the Environmental Protection
        Agency;
            (10) the Chief of Engineers;
            (11) the Chair of the Council on Environmental Quality, who
        shall serve as Chairperson of the Panel;
            (12) the Administrator of the Federal Emergency Management
        Agency;
            (13) State representatives from each regional association
        of State fish and wildlife agencies; and
            (14) not less than 2 tribal representatives.
    (b) Duties.--The Panel shall serve as a forum for interagency
consultation on, and the coordination of, the development and
implementation of the Strategy.

SEC. 5. NATIONAL FISH, WILDLIFE, AND PLANTS CLIMATE ADAPTATION
              STRATEGY.

    (a) In General.--The Panel shall adopt the Strategy to protect,
restore, and conserve natural resources so that natural resources
become more resilient, adapt to, and withstand the ongoing and expected
impacts of extreme weather and climate change.
    (b) Review and Revision.--Beginning in fiscal year 2017, and every
4 years thereafter, the Panel shall review and revise the Strategy to
incorporate--
            (1) new information regarding the ongoing and expected
        impacts of climate change on natural resources; and
            (2) new advances in the development of natural resources
        adaptation strategies.
    (c) Requirements.--In revising the Strategy, the Panel shall--
            (1) use the best available science; and
            (2) provide public notice and opportunity for comment from
        all interested stakeholders.
    (d) Contents.--A revised Strategy shall--
            (1) assess the vulnerability of natural resources to
        climate change, including short-term, medium-term, long-term,
        cumulative, and synergistic impacts;
            (2) describe current, observation, and monitoring
        activities at the Federal, State, tribal, and local levels
        relating to the ongoing and expected impacts of climate change
        on natural resources;
            (3) identify and prioritize research and data needs;
            (4) identify natural resources likely to have the greatest
        need for protection, restoration, and conservation due to the
        ongoing and expanding impacts of extreme weather and climate
        change;
            (5) include specific protocols for integrating natural
        resources 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 natural resources 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 natural resources
        to extreme weather and climate change;
            (8) include specific actions that Federal agencies shall
        take to protect, conserve, and restore natural resources to
        become more resilient, adapt to, and withstand the ongoing and
        expected impacts 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 natural
                resource agencies, territories of the United States,
                Indian tribes, private landowners, conservation
                organizations, and other countries that share
                jurisdiction over natural resources with the United
                States;
            (10) include specific actions to develop and implement
        coordinated natural resources 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 agency-specific adaptation plans required under
        section 7.
    (e) Implementation.--
            (1) In general.--Consistent with other laws and Federal
        trust responsibilities concerning Indian land, each Federal
        agency represented on the Panel shall integrate the elements of
        the Strategy that relate to conservation, restoration, and
        management of natural resources into agency plans,
        environmental reviews, and programs.
            (2) Public report.--Each Federal agency represented on the
        Panel shall, on an annual basis, make available to the public a
        report documenting the actions of the agency in implementing
        the Strategy.
            (3) Coordination.--The Panel shall coordinate the
        implementation of the Strategy with non-Panel Federal agencies
        to achieve the national policy described in section 2(c).

SEC. 6. NATURAL RESOURCES ADAPTATION SCIENCE AND INFORMATION.

    (a) National Climate Change and Wildlife Science Center.--
            (1) Establishment.--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 within the United States Geological
        Survey.
            (2) Duties of center.--The Center shall assess and develop
        scientific information, tools, strategies, and techniques to be
        used by the Panel, Federal and State agencies, and other
        interested parties in addressing the impacts of extreme weather
        and climate change on natural resources.
            (3) General authority to enter into contracts, grants, and
        cooperative agreements.--The Secretary may enter into
        contracts, grants, or cooperative agreements, for periods not
        to exceed 5 years, with State agencies, State cooperative
        extension services, institutions of higher education, other
        research or educational institutions and 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) Science Advisory Board.--
            (1) In general.--Not later than 180 days after the date of
        enactment of this Act, the Secretary of Commerce and the
        Secretary of the Interior shall establish and appoint the
        members of a Science Advisory Board.
            (2) Membership.--The Board shall be comprised of not fewer
        than 10 and not more than 20 members--
                    (A) who have expertise in biology (including fish,
                wildlife, plant, aquatic, coastal, and marine biology),
                ecology, climate change (including, where applicable,
                ocean acidification, drought, flooding, and wildfire),
                and other relevant scientific disciplines;
                    (B) who are scientists that represent a balanced
                membership among Federal, State, tribal, and local
                representatives, institutions of higher education, and
                other interested parties; and
                    (C) of whom at least \1/2\ shall be recommended by
                the President of the National Academy of Sciences.
            (3) Duties.--The Board shall--
                    (A) advise the Panel on the state of the science
                regarding--
                            (i) the ongoing and expected impacts of
                        extreme weather and climate change on natural
                        resources; and
                            (ii) scientific strategies and mechanisms
                        for natural resources 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 Strategy
                before that Strategy is finalized.
            (4) Collaboration.--The Board shall collaborate with
        climate change and ecosystem research entities in other Federal
        agencies and departments.
            (5) Availability to public.--The advice and recommendations
        of the Board shall be made available to the public.

SEC. 7. FEDERAL NATURAL RESOURCE AGENCY ADAPTATION PLANS.

    (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 Strategy, each Federal agency with representation on the Panel
shall--
            (1) complete a natural resources adaptation plan for that
        Federal agency that is consistent with the revised Strategy;
            (2) detail the ongoing and expanding proposed actions of
        the Federal agency, and any changes in decisionmaking processes
        necessary to increase the ability of resources under the
        jurisdiction of the agency;
            (3) provide opportunities for public review and comment on
        the plan;
            (4) coordinate with the plan of each other Federal agency
        with representation on the Panel; and
            (5) submit the plan to the President for approval.
    (b) Requirements.--Each adaptation plan shall--
            (1) identify and prioritize specific conservation
        strategies and actions that address the ongoing and expected
        impacts of extreme weather and climate change on natural
        resources under the jurisdiction of the department or agency
        preparing the plan, including--
                    (A) protection, restoration, and conservation of
                natural resources to become more resilient, adapt to,
                and better withstand the impacts of extreme weather and
                climate change; and
                    (B) protection of habitats and ecosystems, the
                diversity of native fish, wildlife, and plant
                populations, and wildlife corridors, including--
                            (i) protection, restoration, and
                        conservation of terrestrial, marine, estuarine,
                        and freshwater habitats and ecosystems;
                            (ii) establishment of terrestrial, marine,
                        estuarine, and freshwater corridors;
                            (iii) restoration and conservation of
                        ecological processes;
                            (iv) protection of a broad diversity of
                        native species of fish, wildlife, and plant
                        populations across the ranges of those species;
                        and
                            (v) protection of fish, wildlife, and plant
                        health, recognizing that climate can alter the
                        distribution and ecology of parasites,
                        pathogens, and vectors;
            (2) describe how the agency will--
                    (A) integrate the strategies and conservation
                activities into plans, programs, activities, and
                actions of the agency relating to the conservation and
                management of natural resources;
                    (B) establish new plans, programs, activities, and
                actions, if necessary;
                    (C) maintain or restore corridors; and
                    (D) minimize the impacts of energy, development,
                water, transportation, and transmission projects and
                other activities on wildlife and wildlife habitat;
            (3) establish methods--
                    (A) to assess the effectiveness of strategies and
                conservation actions the agency takes to protect,
                restore, and conserve natural resources so natural
                resources become more resilient, adapt to, and
                withstand the ongoing and expected impacts of climate
                change; and
                    (B) to update those strategies and actions to
                respond to new information and changing conditions;
            (4) describe current and proposed mechanisms to enhance
        cooperation and coordination of natural resources adaptation
        efforts with other Federal agencies, State and local
        governments, Indian tribes, and nongovernmental stakeholders;
            (5) include written guidance to resource managers; and
            (6) identify and assess data and information gaps necessary
        to develop natural resources adaptation plans and strategies.
    (c) Implementation.--
            (1) In general.--On approval by the President, each Federal
        agency with representation on the Panel shall, consistent with
        existing authority, implement the adaptation plan of the agency
        through existing and new plans, policies, programs, activities,
        and actions.
            (2) Consideration of impacts.--To the maximum extent
        practicable and consistent with existing authority, natural
        resource management decisions made by each Federal agency with
        representation on the Panel shall--
                    (A) consider the ongoing and expected impacts of
                extreme weather and climate change on natural
                resources; and
                    (B) select alternatives that will avoid and
                minimize those impacts and promote resilience.
    (d) Revision and Review.--Not later than 4 years after the date of
implementation of the adaptation plan of a Federal agency, and every 4
years thereafter, the Federal agency shall review and revise the
adaptation plan to incorporate the best available science, including
advice and information pursuant to section 6 and other information,
regarding the ongoing and expected impacts of climate change on natural
resources.

SEC. 8. STATE NATURAL RESOURCES 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 Strategy, each State shall prepare and submit to the Secretary of
the Interior and, as applicable, the Secretary of Commerce, a State
natural resources adaptation plan detailing current and future efforts
of the State to address the ongoing and expected impacts of climate
change on natural resources and coastal areas within the jurisdiction
of the State.
    (b) Review or Approval.--The Secretary of the Interior and, as
applicable, 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 Strategy.
    (c) Contents.--A State adaptation plan shall--
            (1) meet the requirements described in section 7(b);
            (2) include the adaptation provisions of any State
        comprehensive wildlife conservation strategy (or State wildlife
        action plan) that has been--
                    (A) submitted to the United States Fish and
                Wildlife Service; and
                    (B) approved, or is pending approval, by 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) 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 National Oceanic and
                Atmospheric Administration; and
                    (B) approved, or is pending approval, by 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 natural resources adaptation
        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);
                and
                    (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).
    (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
natural resources conservation strategies and plans.
    (g) Updates.--Each State adaptation plan shall be updated at least
every 4 years.

SEC. 9. AUTHORIZATION OF APPROPRIATIONS.

    There are authorized to be appropriated to carry out this Act such
sums as are necessary.
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