HR 2337

H.R.2337

Energy Policy Reform and Revitalization Act of 2007 (Introduced in House)

CHAPTER 1--NATIONAL POLICY AND STRATEGY

SEC. 441. SHORT TITLE.

This chapter may be cited as the `Global Warming Wildlife Survival Act'.

SEC. 442. NATIONAL POLICY ON WILDLIFE AND GLOBAL WARMING.

It is the policy of the Federal Government, in cooperation with State, tribal, and affected local governments, other concerned public and private organizations, landowners, and citizens to use all practicable means and measures--

(1) to assist wildlife populations in adapting to and surviving the effects of global warming; and

(2) to ensure the persistence and resilience of the wildlife of the United States as an essential part of our Nation's culture, landscape, and natural resources.

SEC. 443. DEFINITIONS.

In this chapter:

(1) ECOLOGICAL PROCESSES- The term `ecological processes' means the biological, chemical, and physical interactions between the biotic and abiotic components of ecosystems, including nutrient cycling, pollination, predator-prey relationships, soil formation, gene flow, hydrologic cycling, decomposition, and disturbance regimes such as fire and flooding.

(2) HABITAT LINKAGES- The term `habitat linkages' means areas that connect wildlife habitat or potential wildlife habitat, and that facilitate the ability of wildlife to move within a landscape in response to the effects of global warming.

(3) SECRETARY- The term `Secretary' means the Secretary of the Interior.

(4) WILDLIFE- The term `wildlife' means any species of wild, free-ranging fauna including fish, and also fauna in captive breeding programs the object of which is to reintroduce individuals of a depleted indigenous species into previously occupied range.

SEC. 444. NATIONAL STRATEGY.

(a) Requirement-

(1) IN GENERAL- The Secretary shall, within two years after the date of the enactment of this Act, on the basis of the best available science as provided by the science advisory board under section 445, promulgate a national strategy for mitigating the impacts of global warming on wildlife populations in the United States.

(2) CONSULTATION AND COMMENT- In developing the national strategy, the Secretary shall--

(A) consult with the Secretary of Agriculture, the Secretary of Commerce, the Administrator of the Environmental Protection Agency, State fish and wildlife agencies, Indian tribes, local governments, conservation organizations, scientists, and other interested stakeholders; and

(B) provide opportunity for public comment.

(b) Contents-

(1) IN GENERAL- The Secretary shall include in the national strategy prioritized goals and measures to--

(A) identify and monitor wildlife populations likely to be adversely affected by global warming;

(B) identify and monitor coastal, marine, terrestrial, and freshwater resources and habitat at greatest risk of being damaged by global warming;

(D) protect, acquire, and restore wildlife habitat to build resilience to global warming;

(E) provide habitat linkages and corridors to facilitate wildlife movements in response to global warming;

(F) restore and protect ecological processes that sustain wildlife populations vulnerable to global warming; and

(G) incorporate consideration of climate change in, and integrate climate change adaptation strategies for wildlife into, the planning and management of Federal lands administered by the Department of the Interior and lands administered by the Forest Service.

(2) COORDINATION WITH OTHER PLANS- In developing the national strategy, the Secretary shall--

(A) take into consideration research and information in State comprehensive wildlife conservation plans, the North American Waterfowl Management Plan, the National Fish Habitat Action Plan, and other relevant wildlife conservation plans; and

(B) coordinate and integrate, to the extent practicable and consistent with the policy set forth in section 442, the goals and measures identified in the national strategy with goals and measures identified in such plans.

(c) Revision- The Secretary shall revise the national strategy not later than five years after its initial promulgation, and not later than every ten years thereafter, to reflect new information on the impacts of global warming on wildlife and advances in the development of strategies for adapting to or mitigating for such impacts.

(d) Implementation-

(1) IMPLEMENTATION ON DEPARTMENT OF THE INTERIOR AND FOREST SERVICE LANDS- To achieve the goals of the national strategy and to implement measures for the conservation of wildlife identified in the national strategy--

(A) the Secretary shall exercise the authority of such Secretary under this and other Acts on lands administered by the National Park Service, the United States Fish and Wildlife Service, and the Bureau of Land Management; and

(B) the Secretary of Agriculture shall exercise the authority of such Secretary under this and other Acts on lands administered by the Forest Service.

(2) WILDLIFE CONSERVATION PROGRAMS- Consistent with their authorities under other laws, the Secretary, the Secretary of Agriculture, and the Secretary of Commerce shall administer wildlife conservation programs authorized under other laws to achieve the goals of the national strategy and to implement measures for the conservation of wildlife identified in the national strategy.

SEC. 445. ADVISORY BOARD.

(a) Science Advisory Board-

(1) IN GENERAL- The Secretary shall establish and appoint the members of a science advisory board comprised of not less than ten and not more than twenty members recommended by the President of the National Academy of Sciences with expertise in wildlife biology, ecology, climate change and other relevant disciplines. The director of the National Global Warming and Wildlife Science Center established under subsection (b) shall be an ex officio member of the science advisory board.

(2) FUNCTIONS- The science advisory board shall--

(A) provide scientific and technical advice and recommendations to the Secretary on the impacts of global warming on wildlife and its habitat, areas of habitat of particular importance for the conservation of wildlife populations affected by global warming, and strategies and mechanisms to mitigate the impacts of global warming on wildlife in the management of Federal lands and in other Federal programs for wildlife conservation;

(B) advise the National Global Warming and Wildlife Science Center established under subsection (b) and review the quality of the research programs of the Center;

(b) National Global Warming and Wildlife Science Center-

(1) IN GENERAL- The Secretary shall establish the National Global Warming and Wildlife Science Center within the United States Geological Survey.

(2) FUNCTIONS- The National Global Warming and Wildlife Science Center shall--

(A) conduct scientific research on national issues related to the impacts of global warming on wildlife and its habitat and mechanisms for adaptation or mitigation of such impacts; and

(B) provide scientific support to Federal land management agencies and Federal wildlife agencies regarding such issues.

(c) Detection of Changes- The Secretary, the Secretary of Agriculture, and the Secretary of Commerce shall each exercise authorities under other laws to carry out programs to detect changes in wildlife abundance, distribution, and behavior related to global warming, including--

(1) conducting species inventories on Federal lands and in marine areas within the exclusive economic zone of the United States; and

(2) establishing and implementing robust, coordinated monitoring programs.

SEC. 446. AUTHORIZATION OF APPROPRIATIONS.

(a) Implementation of National Strategy- Of the amounts appropriated to carry out this chapter for each fiscal year--

(1) 45 percent are authorized to be made available to Federal agencies to develop and implement the national strategy promulgated under section 444 on Federal lands, of which--

(A) 35 percent shall be allocated to the Department of the Interior to--

(i) operate the National Global Warming and Wildlife Science Center established under section 445; and

(ii) carry out the policy set forth in section 442 and implement the national strategy on lands within the National Park System, lands within the National Wildlife Refuge System, and public lands administered by the Bureau of Land Management; and

(B) 10 percent shall be allocated to the Department of Agriculture to carry out the policy set forth in section 442 and implement the national strategy on lands within the National Forest System;

(2) 25 percent are authorized to be made available to Federal agencies to carry out the policy set forth in section 442 and to implement the national strategy through fish and wildlife programs, other than for the operation and maintenance of Federal lands, of which--

(A) 10 percent shall be allocated to the Department of the Interior to fund endangered species, migratory bird, and other fish and wildlife programs administered by the United States Fish and Wildlife Service, other than operations and maintenance of the national wildlife refuges;

(B) 8 percent shall be allocated to the Department of the Interior for implementation of cooperative grant programs benefitting wildlife including the Cooperative Endangered Species Fund, Private Stewardship Grants, the North American Wetlands Conservation Act, the Neotropical Migratory Bird Conservation Fund, and the National Fish Habitat Action Plan, and used exclusively for activities that address the impacts of global warming on wildlife and its habitat; and

(C) 7 percent shall be allocated to the National Oceanic and Atmospheric Administration to carry out the policy set forth in section 442 and to implement the national strategy through Federal programs for conservation of fish and wildlife under its jurisdiction; and

(3) 30 percent are authorized to be made available for grants to States and Indian tribes through the State and Tribal Wildlife Grants Program authorized under section 451, to--

(A) be used exclusively to carry out activities that address the impacts of global warming on wildlife in accordance with State comprehensive wildlife conservation plans developed and approved under that program that contain explicit strategies for addressing the impacts of global warming on wildlife; and

(B) revise existing State comprehensive wildlife conservation plans as necessary to include specific strategies for addressing the impacts of global warming on wildlife.

(b) Availability-

(c) Intent of Congress- It is the intent of Congress that funding provided to Federal agencies and States pursuant to this chapter supplement, and not replace, existing sources of funding for wildlife conservation.

CHAPTER 2--STATE AND TRIBAL WILDLIFE GRANTS PROGRAM

SEC. 451. STATE AND TRIBAL WILDLIFE GRANTS PROGRAM.

(a) Authorization of Program- There is authorized to be established a State and Tribal Wildlife Grants Program to be administered by the Secretary of the Interior and to provide wildlife conservation grants to States and to the District of Columbia, Puerto Rico, Guam, the United States Virgin Islands, the Northern Mariana Islands, American Samoa, and federally recognized Indian tribes for the planning, development, and implementation of programs for the benefit of wildlife and their habitat, including species that are not hunted or fished.

(b) Allocation of Funds-

(1) IN GENERAL- Of the amounts made available to carry out this section for each fiscal year--

(A) 10 percent shall be for a competitive grant program for Indian tribes that are not subject to the remaining provisions of this section;

(B) of the amounts remaining after the application of subparagraph (A), and after the deduction of the Secretary's administrative expenses to carry out this section--

(i) not more than one-half of 1 percent shall be allocated to each of the District of Columbia and to the Commonwealth of Puerto Rico; and

(ii) not more than one-fourth of 1 percent shall be allocated to each of Guam, American Samoa,