[House Report 116-481]
[From the U.S. Government Publishing Office]
116th Congress } { Report
HOUSE OF REPRESENTATIVES
2nd Session } { 116-481
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SAFEGUARDING AMERICA'S FUTURE AND
ENVIRONMENT ACT
_______
September 1, 2020.--Committed to the Committee of the Whole House on
the state of the Union and ordered to be printed
_______
Mr. Grijalva, from the Committee on Natural Resources, submitted the
following
R E P O R T
together with
DISSENTING VIEWS
[To accompany H.R. 2748]
[Including cost estimate of the Congressional Budget Office]
The Committee on Natural Resources, to whom was referred
the bill (H.R. 2748) 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, having considered the same,
reports favorably thereon with an amendment and recommends that
the bill as amended do pass.
The amendment is as follows:
Strike all after the enacting clause and insert the
following:
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.
PURPOSE OF THE BILL
The purpose of H.R. 2748 is 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.
BACKGROUND AND NEED FOR LEGISLATION
Economies around the country are built on the existence of
healthy, diverse, and productive communities of fish, wildlife,
and plants. Plants and wildlife provide food, clean water, air,
medicine, energy, and more. In the face of climate change,
plants and wildlife are facing increasing threats causing
shifts in population distributions, habitat loss,
fragmentation, and degradation.\1\ The Intergovernmental
Science-Policy Platform on Biodiversity and Ecosystem Services
(IPBES) Global Assessment estimates that the current rate of
global species extinction is tens to hundreds of times higher
than it has been on average over the past 10 million years.\2\
Strengthening the resiliency of fish, wildlife, and plant
populations against climate change is critical for ensuring
that present and future generations can benefit from the
abundant services they provide.
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\1\See, e.g., Brett R. Scheffers et al., The Broad Footprint of
Climate Change from Genes to Biomes to People, 354(6313) Science
(2016), doi: 10.1126/science.aaf7671, https://science.sciencemag.org/
content/354/6313/aaf7671; Douglas Lipton, Madeleine A. Rubenstein &
Sarah R. Weiskopf et al., U.S. Glob. Change Res. Program, Impacts,
Risks, and Adaptation in the United States: Fourth National Climate
Assessment, vol. II, ch. 7: Ecosystems, Ecosystem Services, and
Biodiversity (D.R. Reidmiller, C.W. Avery, D.R. Easterling, K.E.
Kunkel, K.L.M. Lewis, T.K. Maycock, and B.C. Stewart eds., 2018),
https://nca2018.globalchange.gov/chapter/7/.
\2\IPBES, Summary for Policymakers of the Global Assessment Report
on Biodiversity and Ecosystem Services 12 (2019), https://ipbes.net/
sites/default/files/inline/files/
ipbes_global_assessment_report_summary_for_policymakers.pdf.
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H.R. 2748 creates a working group across the federal
government and a federal strategy to improve the resilience,
survivability, and adaptability of fish, wildlife, and plants
in the face of climate change.\3\ This bill requires the
National Fish, Wildlife, and Plants Climate Adaptation
Strategy,\4\ which was released in 2013, to be updated
following the release of each National Climate Assessment.\5\
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\3\Cf. H.R. Rep. No. 111-316, at 76-77 (2009), (urging the Council
on Environmental Quality and the Department of the Interior to
``develop a national, government-wide strategy to address climate
impacts on fish, wildlife, plants, and associated ecological
processes,'' id. at 77), https://www.congress.gov/111/crpt/hrpt316/
CRPT-111hrpt316.pdf.
\4\Nat'l Fish, Wildlife & Plants Climate Adaptation Partnership,
National Fish, Wildlife and Plants Climate Adaptation Strategy (2013),
http://www.wildlifeadaptationstrategy.gov/strategy.php.
\5\For the most recent National Climate Assessment, see U.S. Glob.
Change Res. Program, Impacts, Risks, and Adaptation in the United
States: Fourth National Climate Assessment (2018), https://
www.globalchange.gov/nca4.
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COMMITTEE ACTION
H.R. 2748 was introduced on May 15, 2019, by Representative
Matt Cartwright (D-PA). The bill was referred solely to the
Committee on Natural Resources, and within the Committee to the
Subcommittee on Energy and Mineral Resources; the Subcommittee
for Indigenous Peoples of the United States; the Subcommittee
on National Parks, Forests, and Public Lands; and the
Subcommittee on Water, Oceans, and Wildlife. On September 24,
2019, the Subcommittee on Water, Oceans, and Wildlife held a
hearing on the bill. On January 29, 2020, the Natural Resources
Committee met to consider the bill. The Subcommittees were
discharged by unanimous consent. Representative Cartwright
offered an amendment designated Cartwright #1. The amendment
was agreed to by voice vote. The bill, as amended, was adopted
and ordered favorably reported to the House of Representatives
by a roll call vote of 22 yeas and 15 nays, as follows:
HEARINGS
For the purposes of section 103(i) of H. Res. 6 of the
116th Congress--the following hearing was used to develop or
consider H.R. 2748: legislative hearing by the Subcommittee on
Water, Oceans, and Wildlife held on September 24, 2019.
SECTION-BY-SECTION ANALYSIS
Section 1. Short title
Section 2. Finding, Purposes, and Policy
Section 3. Definitions
Section 4. National Fish, Wildlife, and Plants Climate
Adaptation Strategy Joint Implementation Working Group. This
section establishes the National Fish, Wildlife, and Plants
Climate Adaptation Strategy Joint Implementation Working Group
to adopt and periodically revise the 2013 National Fish,
Wildlife, and Plants Climate Adaptation Strategy (see section
5). The Working Group includes heads of federal and state
agencies or departments with jurisdiction over fish, wildlife,
and plant resources, as well as tribal representatives.
Section 5. National Fish, Wildlife, and Plants Climate
Adaptation Strategy. This section directs the Working Group
established in section 4 to adopt the National Fish, Wildlife,
and Plants Climate Adaption Strategy (National Strategy) and
revise it no later than one year after the release of each
National Climate Assessment mandated by the Global Change
Research Act of 1990.\6\ This section requires that the
National Strategy revisions:
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\6\Pub. L. No. 101-606, tit. I, Sec. 106, 104 Stat. 3096, 3101
(1990), https://uscode.house.gov/statviewer.htm?volume=104&page=3101
(codified at 15 U.S.C. Sec. 2936).
---------------------------------------------------------------------------
Assess the vulnerability of fish, wildlife,
and plants to climate change, including short-term,
medium-term, long-term, and cumulative impacts, as well
as activities that agencies, states, and tribal
governments are implementing to protect identified
species at risk.
Identify fish, wildlife, and plants most at
risk and outline protocols for integrating adaptation
strategies into federal conservation and management of
natural resources.
Identify federal policies that may reduce
resilience of fish, wildlife, and plants to climate
change, and identify opportunities that could maintain,
restore, or enhance resiliency.
Identify specific actions that federal
agencies can take to protect, conserve, and manage
fish, wildlife, and plants from impacts of climate
change.
Section 6. Fish, Wildlife, and Plants Adaptation Science
and Information. This section directs the Secretary of the
Interior to establish a National Climate Change and Wildlife
Science Center in coordination with states, Indian tribes, and
partner organizations to develop scientific information, tools,
strategies, and techniques to support the Working Group and
other entities in addressing the effects of extreme weather and
climate change on fish, wildlife, and plants. Additionally, the
Secretary of the Interior is directed to establish an Advisory
Committee on Climate Change and Natural Resource Sciences
comprised of twenty-five members from federal agencies; state,
local, and tribal governments; nongovernmental organizations;
the private sector; and academic institutions. The Advisory
Committee is tasked with assisting and informing the efforts of
the Working Group and the Science Center.
Section 7. Strategy Implementation Plans. This section
requires the Working Group to complete a strategy
implementation plan one year after implementation of the bill,
and on the anniversary of the date of each revision of the
National Strategy, which must be available to the public and
submitted to the President for approval. The strategy
implementation plan must identify conservation and management
strategies and actions that address the effects of extreme
weather and climate change on fish, wildlife, and plants as
well as the effectiveness of such strategies and actions. Each
federal agency is required to implement the strategy
implementation plan upon its approval by the President.
Section 8. State Fish, Wildlife, and Plants Adaptation
Plans. This section conditions certain existing federal grants
on each state developing and submitting a fish, wildlife, and
plant adaptation plan to the Secretary of the Interior and the
Secretary of Commerce detailing current and future efforts to
address the ongoing effects of climate change. State adaptation
plans shall include the same requirements as implementation
plans established in Section 7, as well as the adaptation
provisions of any state wildlife conservation plan, and shall
be updated every four years. States with approved adaptation
plans under this section would be eligible for grant funding
through existing grant programs.
COMMITTEE OVERSIGHT FINDINGS AND RECOMMENDATIONS
Regarding clause 2(b)(1) of rule X and clause 3(c)(1) of
rule XIII of the Rules of the House of Representatives, the
Committee on Natural Resources' oversight findings and
recommendations are reflected in the body of this report.
COMPLIANCE WITH HOUSE RULE XIII AND
CONGRESSIONAL BUDGET ACT
1. Cost of Legislation and the Congressional Budget Act.
With respect to the requirements of clause 3(c)(2) and (3) of
rule XIII of the Rules of the House of Representatives and
sections 308(a) and 402 of the Congressional Budget Act of
1974, the Committee has received the following estimate for the
bill from the Director of the Congressional Budget Office:
U.S. Congress,
Congressional Budget Office,
Washington, DC, June 25, 2020.
Hon. Raul M. Grijalva,
Chairman, Committee on Natural Resources,
House of Representatives, Washington, DC.
Dear Mr. Chairman: The Congressional Budget Office has
prepared the enclosed cost estimate for H.R. 2748, the SAFE
Act.
If you wish further details on this estimate, we will be
pleased to provide them. The CBO staff contact is Madeleine
Fox.
Sincerely,
Phillip L. Swagel,
Director.
Enclosure.
H.R. 2748 would establish three groups to work on the
expected effects of climate change. One group, the National
Fish, Wildlife, and Plants Climate Adaptation Strategy Joint
Implementation Working Group, would be required to create and
implement a national strategy with respect to climate change
and to report biannually on its activities. The National
Climate Change and Wildlife Science Center and an advisory
committee on Climate Change and Natural Resources would provide
support for the working group.
Using information about the cost of similar activities, CBO
estimates that creating the working group and national strategy
would cost about $500,000 annually and $3 million over the
2020-2025 period. The report and the advisory committee on
climate change would each cost less than $500,000 annually, but
together would cost about $3 million over the 2020-2025 period.
The proposed National Climate Change and Wildlife Science
Center already exists as the Climate Adaptation Science Center;
thus, CBO estimates there would be no significant cost to
implement that provision. In total, CBO estimates that
implementing H.R. 2748 would cost $6 million over the 2020-2025
period; that spending would be subject to the availability of
appropriated funds.
The CBO staff contact for this estimate is Madeleine Fox.
The estimate was reviewed by H. Samuel Papenfuss, Deputy
Director of Budget Analysis.
2. General Performance Goals and Objectives. As required by
clause 3(c)(4) of rule XIII, the general performance goals and
objectives of this bill are 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.
EARMARK STATEMENT
This bill does not contain any Congressional earmarks,
limited tax benefits, or limited tariff benefits as defined
under clause 9(e), 9(f), and 9(g) of rule XXI of the Rules of
the House of Representatives.
UNFUNDED MANDATES REFORM ACT STATEMENT
This bill contains no unfunded mandates.
FEDERAL ADVISORY COMMITTEE ACT STATEMENT
Section 4 of the bill establishes a National Fish,
Wildlife, and Plants Climate Adaptation Strategy Joint
Implementation Working Group, and Section 5 of the bill
establishes an Advisory Committee on Climate Change and Natural
Resource Sciences. In reporting the bill favorably to the House
of Representatives, the Committee on Natural Resources finds
that the functions of the Working Group and the Advisory
Committee would be better performed by the proposed Working
Group and Advisory Committee than by one or more agencies or an
existing advisory committee.
EXISTING PROGRAMS
This bill does not establish or reauthorize a program of
the federal government known to be duplicative of another
program.
APPLICABILITY TO LEGISLATIVE BRANCH
The Committee finds that the legislation does not relate to
the terms and conditions of employment or access to public
services or accommodations within the meaning of section
102(b)(3) of the Congressional Accountability Act.
PREEMPTION OF STATE, LOCAL, OR TRIBAL LAW
Any preemptive effect of this bill over state, local, or
tribal law is intended to be consistent with the bill's
purposes and text and the Supremacy Clause of Article VI of the
U.S. Constitution.
CHANGES IN EXISTING LAW
If enacted, this bill would make no changes to existing
law.
DISSENTING VIEWS
According to testimony from the U.S. Fish and Wildlife
Service, ``This bill appears to be duplicative of many on-going
efforts related to adaptation strategies for fish, wildlife,
and plants.'' This work is already being done, clearly this
legislation is not needed. For these reasons, Republicans
oppose this legislation.
Rob Bishop (UT).
Louie Gohmert.
Tom McClintock.
Paul A. Gosar.
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