Bill Summary
The legislation, titled "National Wildlife Corridors Act," establishes a National Wildlife Corridor System on federal land and water for the protection and restoration of native fish, wildlife, and plant species. It also defines key terms, outlines the role of various agencies and entities, and establishes a process for designating and managing National Wildlife Corridors. The legislation also includes provisions for Tribal Wildlife Corridors, a wildlife movement grant program, and a National Coordination Committee. Additionally, it establishes a National Wildlife Corridors Database and a Wildlife Corridors Stewardship Fund to support the management and protection of these corridors. The "Working Landscapes" section gives the Secretary of Agriculture the authority to direct investments in conservation programs for the purpose of supporting the goals of the Act.
Possible Impacts
1. The establishment of the National Wildlife Corridor System will benefit native fish, wildlife, and plant species by providing protected and connected habitats. This will help mitigate the impacts of climate change on these species and support their restoration and conservation.
2. Tribal communities will have the opportunity to nominate and manage Tribal Wildlife Corridors within their own land, with the assistance of the Secretary and through collaboration with other entities. This will allow for greater connectivity and movement of wildlife within Indian land.
3. Private landowners, state agencies, and other organizations will have the opportunity to receive grants and technical assistance for the creation and management of wildlife corridors, promoting habitat connectivity and supporting the goals outlined in the legislation. This will also allow for coordination and collaboration between different entities to promote wildlife movement and conservation efforts.
[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2795 Reported in House (RH)]
<DOC>
Union Calendar No. 456
116th CONGRESS
2d Session
H. R. 2795
[Report No. 116-558, Part I]
To establish National Wildlife Corridors to provide for the protection
and restoration of certain native fish, wildlife, and plant species,
and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
May 16, 2019
Mr. Beyer (for himself and Mr. Buchanan) introduced the following bill;
which was referred to the Committee on Natural Resources, and in
addition to the Committees on Agriculture, Armed Services, and
Transportation and Infrastructure, for a period to be subsequently
determined by the Speaker, in each case for consideration of such
provisions as fall within the jurisdiction of the committee concerned
October 9, 2020
Additional sponsors: Ms. Haaland, Mr. Lujan, Mr. Raskin, Mr. Ted Lieu
of California, Ms. Lofgren, Ms. Torres Small of New Mexico, Mr. Rooney
of Florida, Mr. Fitzpatrick, Mr. Neguse, Ms. Norton, Mr. Connolly, and
Mrs. Murphy of Florida
October 9, 2020
Reported from the Committee on Natural Resources with an amendment
[Strike out all after the enacting clause and insert the part printed
in italic]
October 9, 2020
Committees on Agriculture, Armed Services, and Transportation and
Infrastructure discharged; committed to the Committee of the Whole
House on the State of the Union and ordered to be printed
[For text of introduced bill, see copy of bill as introduced on May 16,
2019]
_______________________________________________________________________
A BILL
To establish National Wildlife Corridors to provide for the protection
and restoration of certain native fish, wildlife, and plant species,
and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``Wildlife Corridors
Conservation Act of 2019''.
(b) Table of Contents.--The table of contents for this Act is as
follows:
Sec. 1. Short title; table of contents.
Sec. 2. Findings and purposes.
Sec. 3. Definitions.
TITLE I--NATIONAL WILDLIFE CORRIDOR SYSTEM ON FEDERAL LAND AND WATER
Sec. 101. National Wildlife Corridors.
Sec. 102. Administrative designation of National Wildlife Corridors.
Sec. 103. Management of National Wildlife Corridors.
Sec. 104. Collaboration and coordination.
Sec. 105. Effect.
TITLE II--TRIBAL WILDLIFE CORRIDORS
Sec. 201. Tribal Wildlife Corridors.
Sec. 202. Protection of Indian tribes.
TITLE III--WILDLIFE MOVEMENT GRANT PROGRAM ON NON-FEDERAL LAND AND
WATER
Sec. 301. Wildlife movement grant program.
Sec. 302. National Coordination Committee.
Sec. 303. Regional wildlife movement councils.
TITLE IV--NATIONAL WILDLIFE CORRIDORS DATABASE
Sec. 401. National wildlife corridors database.
TITLE V--FUNDING
Sec. 501. Wildlife Corridors Stewardship Fund.
Sec. 502. Working landscapes.
Sec. 503. Authorization of appropriations.
SEC. 2. FINDINGS AND PURPOSES.
(a) Findings.--Congress finds that--
(1) the native fish, wildlife, and plant species in the
United States are part of a rich natural heritage and an
important legacy to pass on to future generations;
(2) the populations of many native fish, wildlife, and
plant species in the United States are in decline;
(3) scientists estimate that 1 in 5 animal and plant
species in the United States is at risk of extinction, and many
species are declining in numbers;
(4) threats to the survival and diversity of many native
fish, wildlife, and plant species in the United States include
the loss, degradation, fragmentation, and obstruction of
natural habitats;
(5) climate change threatens native fish, wildlife, and
plant species;
(6) the 2019 global assessment report from the
Intergovernmental Science-Policy Platform on Biodiversity and
Ecosystem Services found that--
(A) 1,000,000 wildlife and plant species worldwide
are now threatened with extinction; and
(B) 75 percent of the land-based environment, and
approximately 66 percent of the marine environment,
have been significantly altered by human actions;
(7) the conservation of new and existing landscape and
seascape corridors, through which native species can transition
from 1 habitat to another, plays an important role in helping--
(A) to conserve native biodiversity; and
(B) to ensure resiliency against impacts from a
range of biotic and abiotic stressors;
(8) the conservation, restoration, and establishment of new
ecological connections to facilitate the movement of species
into more suitable habitats is a key climate change adaptation
strategy;
(9) the protection of new and existing corridors is often
one of the first steps in restoration and recovery planning;
(10) States have recognized the importance of habitat
connectivity, including--
(A) a New England Governors and Eastern Canadian
Premiers' Conference on the importance of connectivity
for ecosystem adaptability and resilience,
biodiversity, and human communities; and
(B) past Western Governors' Association policy
resolution;
(11) the strategic plan of the United States Fish and
Wildlife Service to respond to accelerating climate change
entitled ``Rising to the Urgent Challenge'' acknowledges that
``processes such as pollination, seed dispersal, nutrient
cycling, natural disturbance cycles, predator-prey relations,
and others must be part of the natural landscapes we seek to
maintain or restore . . . and are likely to function more
optimally in landscapes composed of large habitat blocks
connected by well-placed corridors'';
(12) Federal and State agencies continue to develop
policies to address--
(A) the importance of conserving fish, wildlife,
and plant corridors;
(B) the gap between science and management for at-
risk species; and
(C) ecological connectivity; and
(13) Federal policies consistently recognize the importance
of voluntary improvement projects by private landowners to
habitat conservation and restoration for native species.
(b) Purposes.--The purposes of this Act are--
(1) to support a diverse array of native species, including
species protected under Federal, State, and Tribal law, that
have experienced or may experience habitat loss, degradation,
fragmentation, or obstruction to connectivity;
(2) to provide long-term habitat connectivity for native
species migration, dispersal, adaptation to climate and other
environmental change, and genetic exchange;
(3) to help restore wildlife movements that have been
disrupted by habitat loss, degradation, fragmentation, or
obstruction;
(4) to facilitate coordinated landscape- and seascape-scale
connectivity planning and management across jurisdictions; and
(5) to support State, Tribal, local, voluntary private
landowner, and Federal agency decisionmakers in the planning
and development of National Wildlife Corridors.
SEC. 3. DEFINITIONS.
In this Act:
(1) Appropriate committees of congress.--The term
``appropriate committees of Congress'' means--
(A) the Committee on Energy and Natural Resources
of the Senate;
(B) the Committee on Environment and Public Works
of the Senate;
(C) the Committee on Appropriations of the Senate;
(D) the Committee on Energy and Commerce of the
House of Representatives;
(E) the Committee on Natural Resources of the House
of Representatives; and
(F) the Committee on Appropriations of the House of
Representatives.
(2) Connectivity.--The term ``connectivity'' means the
degree to which the landscape or seascape facilitates native
species movement.
(3) Corridor.--The term ``corridor'' means a feature of the
landscape or seascape that--
(A) provides habitat or ecological connectivity;
and
(B) allows for native species movement or
dispersal.
(4) Database.--The term ``Database'' means the National
Wildlife Corridors Database established under section 401(a).
(5) Federal land or water.--The term ``Federal land or
water'' means any land or water, or interest in land or water,
owned by the United States.
(6) Fund.--The term ``Fund'' means the Wildlife Corridors
Stewardship Fund established by section 501(a).
(7) Habitat.--The term ``habitat'' means land, water, and
substrate occupied at any time during the life cycle of a
native species that is necessary, with respect to the native
species, for spawning, breeding, feeding, growth to maturity,
or migration.
(8) Indian land.--The term ``Indian land'' means land of an
Indian tribe, or an Indian individual, that is--
(A) held in trust by the United States; or
(B) subject to a restriction against alienation
imposed by the United States.
(9) 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).
(10) National coordination committee.--The term ``National
Coordination Committee'' means the National Coordination
Committee established under section 302(a).
(11) National wildlife corridor.--The term ``National
Wildlife Corridor'' means any Federal land or water designated
as a National Wildlife Corridor under section 101(a).
(12) National wildlife corridor system.--The term
``National Wildlife Corridor System'' means the system of
National Wildlife Corridors established by section 101(a).
(13) Native species.--The term ``native species'' means--
(A) a fish, wildlife, or plant species that is or
was historically present in a particular ecosystem as a
result of natural migratory or evolutionary processes,
including subspecies and plant varieties; and
(B) a migratory bird species that is native to the
United States or its territories (as defined in section
2(b) of the Migratory Bird Treaty Act (16 U.S.C.
703(b))).
(14) Regional ocean partnership.--The term ``regional ocean
partnership'' means a regional organization of coastal or Great
Lakes States, territories, or possessions voluntarily convened
by Governors to address cross-jurisdictional ocean matters, or
the functional equivalent of such a regional ocean organization
designated by the Governor or Governors of a State or States.
(15) Regional wildlife movement council.--The term
``regional wildlife movement council'' means a regional
wildlife movement council established under section 303(a).
(16) Secretaries.--The term ``Secretaries'' means--
(A) the Secretary of Agriculture;
(B) the Secretary of Commerce;
(C) the Secretary of Defense;
(D) the Secretary of the Interior; and
(E) the Secretary of Transportation.
(17) Secretary.--The term ``Secretary'' means the Secretary
of the Interior, acting through the Director of the United
States Fish and Wildlife Service.
(18) Tribal wildlife corridor.--The term ``Tribal Wildlife
Corridor'' means a corridor established by the Secretary under
section 201(a)(1)(C).
(19) United states.--The term ``United States'', when used
in a geographical sense, means--
(A) a State;
(B) the District of Columbia;
(C) the Commonwealth of Puerto Rico;
(D) Guam;
(E) American Samoa;
(F) the Commonwealth of the Northern Mariana
Islands;
(G) the Federated States of Micronesia;
(H) the Republic of the Marshall Islands;
(I) the Republic of Palau;
(J) the United States Virgin Islands; and
(K) the territorial sea (within the meaning of the
Magnuson-Stevens Fishery Conservation and Management
Act (16 U.S.C. 1801 et seq.)) and the exclusive
economic zone (as defined in section 3 of that Act (16
U.S.C. 1802)) within the jurisdiction or sovereignty of
the Federal Government.
(20) Wildlife movement.--The term ``wildlife movement''
means the passage of individual members or populations of
native species across a landscape or seascape.
TITLE I--NATIONAL WILDLIFE CORRIDOR SYSTEM ON FEDERAL LAND AND WATER
SEC. 101. NATIONAL WILDLIFE CORRIDORS.
(a) Establishment.--There is established a system of corridors on
Federal land and water, to be known as the ``National Wildlife Corridor
System'', which shall consist of National Wildlife Corridors designated
as part of the National Wildlife Corridor System by--
(1) statute;
(2) rulemaking under section 102; or
(3) a land management or land use plan developed or revised
by the Secretaries.
(b) Strategy.--Not later than 18 months after the date of enactment
of this Act, the Secretary shall develop a strategy for the effective
development of the National Wildlife Corridor System--
(1) to support the fulfillment of the purposes described in
section 2(b);
(2) to ensure coordination and consistency across Federal
agencies in the development, implementation, and management of
National Wildlife Corridors; and
(3) to develop a timeline for the implementation of
National Wildlife Corridors.
SEC. 102. ADMINISTRATIVE DESIGNATION OF NATIONAL WILDLIFE CORRIDORS.
(a) Rulemaking.--
(1) National wildlife corridors.--Not later than 2 years
after the date of enactment of this Act, the Secretaries,
pursuant to the Secretaries' respective land, water, and
resource management planning and conservation authorities,
shall establish a process, by regulation, for the designation
and management of National Wildlife Corridors on Federal land
or water under the respective jurisdictions of the Secretaries.
(2) Federal land and water management.--The Secretaries
shall consider the designation of National Wildlife Corridors
in any process relating to the issuance, revision, or
modification of a management plan for land or water under the
respective jurisdiction of the Secretaries.
(b) Criteria for Designation.--The regulations promulgated by the
Secretary under subsection (a)(1) shall ensure that, in designating a
National Wildlife Corridor, the Secretaries--
(1) base the designation of the National Wildlife Corridor
on--
(A) coordination with existing--
(i) National Wildlife Corridors;
(ii) corridors established or recognized by
States; and
(iii) Tribal Wildlife Corridors; and
(B) the best available science of--
(i) existing native species habitat; and
(ii) likely future native species habitats;
(2) determine that the National Wildlife Corridor supports
the connectivity, persistence, resilience, and adaptability of
the native species for which it has been designated by
providing for--
(A) dispersal and genetic exchange between
populations;
(B) range shifting, range expansion, or range
restoration, such as in response to climate change;
(C) seasonal movement or migration; or
(D) succession, movement, or recolonization
following--
(i) a disturbance, such as fire, flood,
drought, or infestation; or
(ii) population decline or previous
extirpation;
(3) consult the Database; and
(4) consider recommendations from the National Coordination
Committee under section 302(e)(2)(C).
(c) Designation of Federal Land or Water Requiring Restoration or
Connection of Habitat.--The Secretaries may designate as a National
Wildlife Corridor land or water that--
(1) is necessary for the natural movements of 1 or more
native species;
(2) requires restoration, including--
(A) land or water that is degraded; and
(B) land or water from which a species is currently
absent--
(i) but may be colonized or recolonized by
the species naturally; or
(ii) to which the species may be
reintroduced or restored based on habitat
changes; and
(3) is fragmented or consists of only a portion of the
habitat required for the connectivity needs of 1 or more native
species.
(d) Nomination for Designation.--
(1) In general.--In establishing the process for
designation under subsection (a)(1), the Secretary shall
include procedures under which--
(A) any State, Tribal, or local government, or a
nongovernmental organization engaged in the
conservation of native species and the improvement of
the habitats of native species, may submit to the
Secretaries a nomination to designate as a National
Wildlife Corridor Federal land or water under the
respective jurisdiction of the Secretaries; and
(B) the Secretaries shall consider and, not later
than 1 year after the date on which the nomination was
submitted under subparagraph (A), respond to any
nomination submitted under that subparagraph.
(2) Supporting documentation.--A nomination for designation
under paragraph (1)(A) shall include supporting documentation,
including--
(A) the native species for which the National
Wildlife Corridor would be designated;
(B) summaries and references of, with respect to
the designation of a National Wildlife Corridor--
(i) the best science available at the time
of the submission of the nomination for
designation documenting why the corridor is
needed; and
(ii) the most current scientific reports
available at the time of the submission of the
nomination for designation;
(C) information with respect to how the nomination
was coordinated with potential partners;
(D) a description of supporting stakeholders, such
as States, Indian tribes, local governments, scientific
organizations, nongovernmental organizations, and
affected voluntary private landowners; and
(E) any additional information the Secretaries, in
consultation with the National Coordination Committee,
determine is relevant to the nomination.
(e) Designation on Military Land.--
(1) In general.--Any designation of a National Wildlife
Corridor on a military installation (as defined in section 100
of the Sikes Act (16 U.S.C. 670))--
(A) shall be consistent with the use of military
installations and State-owned National Guard
installations to ensure the preparedness of the Armed
Forces; and
(B) may not result in a net loss in the capability
of military installation lands to support the military
mission of the installation.
(2) Suspension or termination of designation.--The
Secretary of Defense may suspend or terminate the designation
of any National Wildlife Corridor on a military installation if
the Secretary of Defense considers the suspension or
termination to be necessary for military purposes, after public
notice of--
(A) the suspension or termination; and
(B) any voluntary steps taken by the Department of
Defense to attempt to provide similar ecological
connectivity elsewhere on the military installation.
SEC. 103. MANAGEMENT OF NATIONAL WILDLIFE CORRIDORS.
(a) In General.--The Secretaries shall, consistent with other
applicable Federal land and water management requirements, laws, and
regulations, manage each National Wildlife Corridor under the
respective administrative jurisdiction of the Secretaries in a manner
that contributes to the long-term connectivity, persistence,
resilience, and adaptability of native species for which the National
Wildlife Corridor is identified, including through--
(1) the maintenance and improvement of habitat connectivity
within the National Wildlife Corridor;
(2) the implementation of strategies and activities that
enhance the ability of native species to respond to climate
change and other environmental factors;
(3) the maintenance or restoration of the integrity and
functionality of the National Wildlife Corridor;
(4) the mitigation or removal of human infrastructure that
obstructs the natural movement of native species; and
(5) the use of existing conservation programs, including
Tribal Wildlife Corridors, under the respective jurisdiction of
the Secretaries to contribute to the connectivity, persistence,
resilience, and adaptability of native species.
(b) National Wildlife Corridors Spanning Multiple Jurisdictions.--
In the case of a National Wildlife Corridor that spans the
administrative jurisdiction of 2 or more of the Secretaries, the
relevant Secretaries shall coordinate management of the National
Wildlife Corridor in accordance with section 104(b) to advance the
purposes described in section 2(b).
(c) Road Mitigation.--In the case of a National Wildlife Corridor
that intersects, adjoins, or crosses a new or existing State, Tribal,
or local road or highway, the relevant Secretaries shall coordinate
with the Secretary of Transportation and State, Tribal, and local
transportation agencies, as appropriate, to identify and implement
voluntary environmental mitigation measures--
(1) to improve public safety and reduce vehicle-caused
native species mortality while maintaining habitat
connectivity; and
(2) to mitigate damage to the natural movements of native
species through strategies such as--
(A) the construction, maintenance, or replacement
of native species underpasses, overpasses, and
culverts; and
(B) the maintenance, replacement, or removal of
dams, bridges, culverts, and other hydrological
obstructions.
(d) Compatible Uses.--A use of Federal land or water that was
authorized before the date on which the Federal land or water is
designated as a National Wildlife Corridor may continue if the
applicable Secretaries determine that the use is compatible with the
wildlife movements of the species for which the National Wildlife
Corridor was designated, consistent with applicable Federal laws and
regulations.
SEC. 104. COLLABORATION AND COORDINATION.
(a) Collaboration.--The Secretaries may partner with and provide
funds to States, local governments, Indian tribes, the National
Coordination Committee, voluntary private landowners, and the regional
wildlife movement councils to support the purposes described in section
2(b).
(b) Coordination.--To the maximum extent practicable and consistent
with applicable law, the Secretary or Secretaries, as applicable, shall
develop the strategy under section 101(b), designate National Wildlife
Corridors under section 102, and manage National Wildlife Corridors
under section 103--
(1) in consultation and coordination with--
(A) other relevant Federal agencies;
(B) States, including--
(i) State fish and wildlife agencies; and
(ii) other State agencies responsible for
managing the natural resources and wildlife;
(C) Indian tribes;
(D) units of local government;
(E) other interested stakeholders identified by the
Secretary, including applicable voluntary private
landowners;
(F) landscape- and seascape-scale partnerships,
including--
(i) the National Fish Habitat Partnership;
(ii) the National Marine Fisheries Service;
(iii) regional fishery management councils
established under section 302(a) of the
Magnuson-Stevens Fishery Conservation and
Management Act (16 U.S.C. 1852(a));
(iv) relevant regional ocean partnerships;
(v) the Climate Science Centers of the
Department of the Interior; and
(vi) the Landscape Conservation Cooperative
Network;
(G) the National Coordination Committee; and
(H) the regional wildlife movement councils.
SEC. 105. EFFECT.
(a) Relationship to Other Conservation Laws.--Nothing in this Act
amends or otherwise affects any other law (including regulations)
relating to the conservation of native species.
(b) Jurisdiction of States and Indian Tribes.--Nothing in this Act
or an amendment made by this Act affects the jurisdiction of a State or
an Indian tribe with respect to fish and wildlife management, including
the regulation of hunting, fishing, and trapping, in a National
Wildlife Corridor or a Tribal Wildlife Corridor.
TITLE II--TRIBAL WILDLIFE CORRIDORS
SEC. 201. TRIBAL WILDLIFE CORRIDORS.
(a) Establishment.--
(1) In general.--
(A) Nominations.--An Indian tribe may nominate a
corridor within Indian land of the Indian tribe as a
Tribal Wildlife Corridor by submitting to the
Secretary, in consultation with the Director of the
Bureau of Indian Affairs (referred to in this section
as the ``Secretary''), an application at such time, in
such manner, and containing such information as the
Secretary may require.
(B) Determination.--Not later than 90 days after
the date on which the Secretary receives an application
under subparagraph (A), the Secretary shall determine
whether the nominated Tribal Wildlife Corridor
described in the application meets the criteria
established under paragraph (2).
(C) Publication.--On approval of an application
under subparagraph (B), the Secretary shall publish in
the Federal Register a notice of the establishment of
the Tribal Wildlife Corridor, which shall include a map
and legal description of the land designated as a
Tribal Wildlife Corridor.
(2) Criteria.--
(A) In general.--Not later than 18 months after the
date of enactment of this Act, the Secretary shall
establish criteria for determining whether a corridor
nominated by an Indian tribe under paragraph (1)(A)
qualifies as a Tribal Wildlife Corridor.
(B) Inclusions.--The criteria established under
subparagraph (A) shall include, at a minimum, the
following:
(i) The restoration of historical habitat
for the purposes of facilitating connectivity.
(ii) The management of land for the
purposes of facilitating connectivity.
(iii) The management of land to prevent the
imposition of barriers that may hinder current
or future connectivity.
(3) Removal.--
(A) In general.--An Indian tribe may elect to
remove the designation of a Tribal Wildlife Corridor on
the Indian land of the Indian tribe by notifying the
Secretary.
(B) Effect of removal.--An Indian tribe that elects
to remove a designation under subparagraph (A) may not
receive assistance under subsection (c) or (d)(1) or
section 301.
(b) Coordination of Land Use Plans.--Section 202 of the Federal
Land Policy and Management Act of 1976 (43 U.S.C. 1712) is amended--
(1) in subsection (b)--
(A) by striking ``Indian tribes by'' and inserting
the following: ``Indian tribes--
``(1) by'';
(B) in paragraph (1) (as so designated), by
striking the period at the end and inserting ``; and'';
and
(C) by adding at the end the following:
``(2) for the purposes of determining whether the land use
plans for land in the National Forest System would provide
additional connectivity to benefit the purposes of a Tribal
Wildlife Corridor established under section 10(a)(1) of the
Wildlife Corridors Conservation Act of 2019.''; and
(2) by adding at the end the following:
``(g) Tribal Wildlife Corridors.--On the establishment of a Tribal
Wildlife Corridor under section 10(a)(1) of the Wildlife Corridors
Conservation Act of 2019, the Secretary shall conduct a meaningful
consultation with the Indian tribe that administers the Tribal Wildlife
Corridor to determine whether, through the revision of 1 or more
existing land use plans, the Tribal Wildlife Corridor can--
``(1) be expanded into public lands; or
``(2) otherwise benefit connectivity (as defined in section
3 of that Act) between public lands and the Tribal Wildlife
Corridor.''.
(c) Technical Assistance.--The Secretary shall provide to Indian
tribes technical assistance relating to the establishment, management,
and expansion of a Tribal Wildlife Corridor, including assistance with
accessing wildlife data and working with voluntary private landowners
to access Federal and State programs to improve wildlife habitat and
connectivity on non-Federal land.
(d) Availability of Assistance.--
(1) Conservation programs consideration.--
(A) In general.--In evaluating applications under
conservation programs described in subparagraph (B),
the Secretary of Agriculture may consider whether a
project would enhance connectivity through the
expansion of a Tribal Wildlife Corridor.
(B) Programs described.--The conservation programs
referred to in subparagraph (A) are any of the
following conservation programs administered by the
Secretary of Agriculture:
(i) The conservation reserve program
established under subchapter B of chapter 1 of
subtitle D of title XII of the Food Security
Act of 1985 (16 U.S.C. 3831 et seq.).
(ii) The environmental quality incentives
program established under subchapter A of
chapter 4 of subtitle D of title XII of the
Food Security Act of 1985 (16 U.S.C. 3839aa et
seq.).
(iii) The conservation stewardship program
established under subchapter B of chapter 4 of
subtitle D of title XII of the Food Security
Act of 1985 (16 U.S.C. 3839aa-21 et seq.).
(iv) The agricultural conservation easement
program established under subtitle H of title
XII of the Food Security Act of 1985 (16 U.S.C.
3865 et seq.).
(2) Wildlife movement grant program.--An Indian tribe that
has a Tribal Wildlife Corridor established on the Indian land
of the Indian tribe shall be eligible for a grant under the
wildlife movements grant program under section 301, subject to
other applicable requirements of that grant program.
(e) Savings Clause.--Nothing in this section authorizes or affects
the use of private property or Indian land.
SEC. 202. PROTECTION OF INDIAN TRIBES.
(a) Federal Trust Responsibility.--Nothing in this Act amends,
alters, or waives the Federal trust responsibility to Indian tribes.
(b) Freedom of Information Act.--
(1) Exemption.--Information described in paragraph (2)
shall not be subject to disclosure under section 552 of title
5, United States Code (commonly known as the ``Freedom of
Information Act''), if the head of the agency that receives the
information, in consultation with the Secretary and the
affected Indian tribe, determines that disclosure may--
(A) cause a significant invasion of privacy;
(B) risk harm to human remains or resources,
cultural items, uses, or activities; or
(C) impede the use of a traditional religious site
by practitioners.
(2) Information described.--Information referred to in
paragraph (1) is information received by a Federal agency--
(A) pursuant to this Act relating to--
(i) the location, character, or ownership
of human remains of a person of Indian
ancestry; or
(ii) resources, cultural items, uses, or
activities identified by an Indian tribe as
traditional or cultural because of the long-
established significance or ceremonial nature
to the Indian tribe; or
(B) pursuant to the Native American Graves
Protection and Repatriation Act (25 U.S.C. 3001 et
seq.).
TITLE III--WILDLIFE MOVEMENT GRANT PROGRAM ON NON-FEDERAL LAND AND
WATER
SEC. 301. WILDLIFE MOVEMENT GRANT PROGRAM.
(a) In General.--The Secretary shall establish a wildlife movement
grant program (referred to in this section as the ``grant program'') to
encourage wildlife movement in accordance with this subsection.
(b) Grants.--Beginning not later than 2 years after the date of
enactment of this Act, the Secretary, based on recommendations from the
National Coordination Committee under section 302(e)(2)(C), shall make
grants to 1 or more projects that--
(1) are a regional priority project identified by a
regional wildlife movement council;
(2) satisfy the purposes described in section 2(b); and
(3) increase connectivity for native species.
(c) Eligible Recipients.--A person that is eligible to receive a
grant under the grant program is--
(1) a voluntary private landowner or group of landowners;
(2) a State fish and wildlife agency or other State agency
responsible for managing natural resources and wildlife;
(3) an Indian tribe;
(4) a unit of local government;
(5) an agricultural cooperative;
(6) water, irrigation, or rural water districts or
associations, or other organizations with water delivery
authority (including acequias and land grant communities in the
State of New Mexico);
(7) institutions of higher education;
(8) an entity approved for a grant by a regional wildlife
movement council; and
(9) any group of entities described in paragraphs (1)
through (8).
(d) Requirements.--In administering the grant program, the
Secretary shall use the criteria, guidelines, contracts, reporting
requirements, and evaluation metrics developed by the National
Coordination Committee under subparagraphs (A) and (B) of section
302(e)(2).
SEC. 302. NATIONAL COORDINATION COMMITTEE.
(a) Establishment.--Not later than 18 months after the date of
enactment of this Act, the Secretary shall establish a committee, to be
known as the ``National Coordination Committee''.
(b) Administrative Support.--The Secretary shall provide
administrative support for the National Coordination Committee.
(c) Membership.--The National Coordination Committee shall be
composed of--
(1) the Secretary (or a designee);
(2) the Secretary of Transportation (or a designee);
(3) the Secretary of Agriculture (or a designee);
(4) the Secretary of Commerce (or a designee);
(5) the Secretary of Defense (or a designee);
(6) the Director of the Bureau of Indian Affairs (or a
designee);
(7) the Executive Director of the Association of Fish and
Wildlife Agencies (or a designee);
(8) 2 representatives of intertribal organizations, to be
appointed by the Secretary;
(9) the chairperson of each regional wildlife movement
council (or a designee); and
(10) not more than 3 representatives of nongovernmental,
science, or academic organizations with expertise in wildlife
conservation and habitat connectivity, to be appointed by the
Secretary in a manner that ensures that the membership of the
National Coordination Committee is fair and balanced.
(d) Duties.--The National Coordination Committee--
(1) shall establish standards for regional wildlife
movement plans to allow for better cross-regional
collaboration; and
(2) shall, with respect to the wildlife movement grant
program under section 301--
(A) establish criteria and develop guidelines for
the solicitation of applications for grants by regional
wildlife movement councils;
(B) develop standardized contracts, reporting
requirements, and evaluation metrics for grant
recipients; and
(C) make recommendations annually to the Secretary
for the selection of grant recipients on the basis of
the ranked lists of regional priority projects received
from the regional wildlife movement councils under
section 303(c)(4) that are consistent with the purposes
described in section 2(b).
(e) Applicability of FACA.--Except as otherwise provided in this
section, the Federal Advisory Committee Act (5 U.S.C. App.) shall apply
to the National Coordination Committee.
SEC. 303. REGIONAL WILDLIFE MOVEMENT COUNCILS.
(a) Establishment.--Not later than 1 year after the date of
enactment of this Act, the Secretary shall establish not less than 4
regional wildlife movement councils with separate geographic
jurisdictions that encompass the entire United States.
(b) Membership.--
(1) In general.--Each regional wildlife movement council
shall be composed of--
(A) the director of each State fish and wildlife
agency within the jurisdiction of the regional wildlife
movement council (or a designee);
(B) balanced representation from Tribal governments
within the jurisdiction of the regional wildlife
movement council;
(C) to serve as a Federal agency liaison and
nonvoting, ex officio member--
(i) the Director of the United States Fish
and Wildlife Service (or a designee); or
(ii) the director of any applicable
regional office of the United States Fish and
Wildlife Service (or a designee);
(D) not more than 3 representatives of
nongovernmental, science, or academic organizations
with expertise in native species conservation and the
habitat connectivity needs of the region covered by the
regional wildlife movement council; and
(E) not more than 3 voluntary representatives of
private landowners with property in the applicable
region, not less than 1 of whom shall be a farmer or
rancher.
(2) Requirements.--
(A) Membership.--The Secretary shall ensure that
the membership of each regional wildlife movement
council is fair and balanced in terms of expertise and
perspectives represented.
(B) Expertise.--Each regional wildlife movement
council shall include experts in ecological
connectivity, native species ecology, and ecological
adaptation.
(c) Duties.--Each regional wildlife movement council shall--
(1) not later than 2 years after the date of establishment
of the regional wildlife movement council and in accordance
with any standards established by the National Coordination
Committee, prepare and submit to the Secretary and the National
Coordination Committee a regional wildlife movement plan that
maintains natural wildlife movement by identifying research
priorities and data needs for the Database that is revised,
amended, or updated not less frequently than once every 5
years;
(2) provide for public engagement, including engagement of
Indian tribes, at appropriate times and in appropriate
locations in the region covered by the regional wildlife
movement council, to allow all interested persons an
opportunity to be heard in the development and implementation
of a regional wildlife movement plan under paragraph (1);
(3) solicit applications for wildlife movement grants under
section 301 in accordance with the criteria and guidelines
established by the National Coordination Council under section
302(e)(2)(A);
(4) in accordance with the criteria and guidelines
established under section 302(e)(2)(A), submit to the National
Coordination Committee an annual list of regional priority
projects, in ranked order, for wildlife movement grants under
section 301 to maintain wildlife movements in the area under
the jurisdiction of the regional wildlife movement council; and
(5) submit to the Secretary and the National Coordination
Committee, and make publicly available, an annual report
describing the activities of the regional wildlife movement
council.
(d) Coordination.--If applicable, to increase habitat connectivity
between designated Federal land and water and non-Federal land and
water, a regional wildlife movement council shall coordinate with--
(1) Federal agencies;
(2) Indian tribes;
(3) regional fishery management councils established under
section 302(a) of the Magnuson-Stevens Fishery Conservation and
Management Act (16 U.S.C. 1852(a));
(4) migratory bird joint ventures partnerships recognized
by the United States Fish and Wildlife Service with respect to
migratory bird species;
(5) State fish and wildlife agencies;
(6) regional associations of fish and wildlife agencies;
(7) nongovernmental organizations;
(8) applicable voluntary private landowners;
(9) the National Coordination Committee;
(10) fish habitat partnerships;
(11) other regional wildlife movement councils with respect
to crossregional projects;
(12) international wildlife management entities with
respect to transboundary species in accordance with trade
policies of the United States; and
(13) Federal and State transportation agencies.
(e) Applicability of FACA.--Except as otherwise provided in this
section, the Federal Advisory Committee Act (5 U.S.C. App.) shall apply
to the regional wildlife movement councils.
TITLE IV--NATIONAL WILDLIFE CORRIDORS DATABASE
SEC. 401. NATIONAL WILDLIFE CORRIDORS DATABASE.
(a) In General.--Not later than 18 months after the date of
enactment of this Act, the Director of the United States Geological
Survey (referred to in this section as the ``Director''), in
consultation with the National Coordination Committee and the regional
wildlife movement councils, shall establish a database, to be known as
the ``National Wildlife Corridors Database''.
(b) Contents.--
(1) In general.--The Database shall--
(A) include maps, data, models, surveys, and
descriptions of native species habitats, wildlife
movements, and corridors that have been developed by
Federal agencies that pertain to Federal land and
water;
(B) include maps, models, analyses, and
descriptions of projected shifts in habitats, wildlife
movements, and corridors of native species in response
to climate change or other environmental factors;
(C) reflect the best scientific data and
information available; and
(D) in accordance with the requirements of the
Geospatial Data Act of 2018 (Public Law 115-254), have
the data, models, and analyses included in the Database
available at scales useful to State, Tribal, local, and
Federal agency decisionmakers and the public.
(c) Requirements.--Subject to subsection (d), the Director, in
collaboration with the National Coordination Committee, the regional
wildlife movement councils, and the Administrator of the National
Oceanic and Atmospheric Administration, shall--
(1) design the Database to support State, Tribal, local,
voluntary private landowner, and Federal agency decisionmakers
and the public with data that will allow those entities--
(A) to prioritize and target natural resource
adaptation strategies and enhance existing State and
Tribal corridor protections;
(B) to assess the impacts of proposed energy,
water, transportation, and transmission projects, and
other development activities, and to avoid, minimize,
and mitigate the impacts of those projects and
activities on National Wildlife Corridors;
(C) to assess the impact of new and existing
development on native species habitats and National
Wildlife Corridors; and
(D) to develop strategies that promote habitat
connectivity to allow native species to move--
(i) to meet biological and ecological
needs;
(ii) to adjust to shifts in habitat; and
(iii) to adapt to climate change;
(2) establish a coordination process among Federal agencies
to update maps and other information with respect to
landscapes, seascapes, native species habitats and ranges,
habitat connectivity, National Wildlife Corridors, and wildlife
movement changes as information based on new scientific data
becomes available; and
(3) not later than 5 years after the date of enactment of
this Act, and not less frequently than once every 5 years
thereafter, develop, submit a report to the Secretary and the
appropriate committees of Congress, and make publicly available
a report, that, with respect to the Database--
(A) outlines the categories for data that may be
included in the Database;
(B) outlines the data protocols and standards for
each category of data in the Database;
(C) identifies gaps in native species habitat and
National Wildlife Corridor information;
(D) prioritizes research and future data collection
activities for use in updating the Database; and
(E) evaluates and quantifies the efficacy of the
Database to meet the needs of the entities described in
paragraph (1).
(d) Proprietary Interests and Protected Information.--In developing
the Database, the Director shall--
(1) as applicable, protect proprietary interests with
respect to any licensed information, licensed data, and other
items contained in the Database; and
(2) protect information in the Database with respect to the
habitats and ranges of specific native species to prevent
poaching, illegal taking and trapping, and other related
threats to native species.
TITLE V--FUNDING
SEC. 501. WILDLIFE CORRIDORS STEWARDSHIP FUND.
(a) Establishment and Contents.--There is established in the
Treasury a fund, to be known as the ``Wildlife Corridors Stewardship
Fund'', that consists of donations of amounts accepted under subsection
(c).
(b) Use.--The Fund--
(1) shall be administered by the Secretary and the National
Fish and Wildlife Foundation, acting jointly; and
(2) may be used by the National Fish and Wildlife
Foundation to enhance the management and protection of National
Wildlife Corridors by providing financial assistance to the
Federal Government, Indian tribes, and nongovernmental,
science, and academic organizations.
(c) Donations.--The National Fish and Wildlife Foundation may
solicit and accept donations of amounts for deposit into the Fund.
(d) Coordination.--In administering the Fund, the Secretary and the
National Fish and Wildlife Foundation may coordinate with regional
wildlife movement councils, regional ocean partnerships, and the
National Coordination Committee to the maximum extent practicable.
(e) Disclosure of Use.--Not later than 1 year after the date of
enactment of this Act, and annually thereafter, the Secretary and the
National Fish and Wildlife Foundation shall make publicly available a
description of usage of the Fund during the preceding calendar year.
SEC. 502. WORKING LANDSCAPES.
The Secretary of Agriculture may--
(1) direct investments in working landscapes through
conservation programs under the jurisdiction of the Secretary
of Agriculture, including programs under title XII of the Food
Security Act of 1985 (16 U.S.C. 3801 et seq.), to support the
purposes described in section 2(b); and
(2) notwithstanding any other provision of law, give
priority under the conservation programs described in paragraph
(1) to non-Federal land and water for the purposes described in
section 2(b).
SEC. 503. AUTHORIZATION OF APPROPRIATIONS.
(a) National Wildlife Corridor System.--There are authorized to be
appropriated to carry out title I for fiscal year 2020 and each fiscal
year thereafter--
(1) to the Secretary, $7,500,000;
(2) to the Secretary of Agriculture, $3,000,000;
(3) to the Secretary of Defense, $1,500,000;
(4) to the Secretary of Commerce, $3,000,000; and
(5) to the Secretary of Transportation, $3,000,000.
(b) Tribal Wildlife Corridors.--There is authorized to be
appropriated to carry out title II $5,000,000 for fiscal year 2020 and
each fiscal year thereafter.
(c) Wildlife Movement Grant Program and Regional Wildlife Movement
Councils.--
(1) Wildlife movement grant program.--
(A) In general.--There is authorized to be
appropriated to the Secretary to carry out the wildlife
movement grant program under section 301 $50,000,000
for fiscal year 2022 and each fiscal year thereafter.
(B) Requirements.--Amounts appropriated under
subparagraph (A) may be used to complement or match
other Federal or non-Federal funding received by the
projects funded by those grants.
(C) Administrative support.--Not more than 5
percent of amounts appropriated under subparagraph (A)
may be used for administrative support.
(2) Regional wildlife movement councils.--
(A) In general.--There is authorized to be
appropriated to the Secretary to provide support for
the regional wildlife movement councils to carry out
section 303 $1,000,000 for fiscal year 2020 and each
fiscal year thereafter.
(B) Equal division.--Amounts appropriated under
subparagraph (A) shall be proportionally divided
between each regional wildlife movement council.
(d) National Wildlife Corridors Database.--There are authorized to
be appropriated to the Secretary to carry out section 401--
(1) $3,000,000 for fiscal year 2020; and
(2) $1,500,000 for fiscal year 2021 and each fiscal year
thereafter.
Union Calendar No. 456
116th CONGRESS
2d Session
H. R. 2795
[Report No. 116-558, Part I]
_______________________________________________________________________
A BILL
To establish National Wildlife Corridors to provide for the protection
and restoration of certain native fish, wildlife, and plant species,
and for other purposes.
_______________________________________________________________________
October 9, 2020
Reported from the Committee on Natural Resources with an amendment
October 9, 2020
Committees on Agriculture, Armed Services, and Transportation and
Infrastructure discharged; committed to the Committee of the Whole
House on the State of the Union and ordered to be printed