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116th Congress } { Rept. 116-558
HOUSE OF REPRESENTATIVES
2d Session } { Part 1
======================================================================
WILDLIFE CORRIDORS CONSERVATION ACT OF 2019
_______
October 9, 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. 2795]
[Including cost estimate of the Congressional Budget Office]
The Committee on Natural Resources, to whom was referred
the bill (H.R. 2795) to establish National Wildlife Corridors
to provide for the protection and restoration of certain native
fish, wildlife, and plant species, 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; 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.
Purpose of the Bill
The purpose of H.R. 2795 is to establish a National
Wildlife Corridors system to provide for the protection and
restoration of certain native fish, wildlife and plant species,
as well as create a Tribal wildlife corridors system.
Background and Need for Legislation
Migration and habitat connectivity are key to the survival
of many North American species. Some species must travel across
large areas to find food or a mate;\1\ other species complete
annual migrations to breeding or feeding grounds. For example,
each spring, thousands of Greater Yellowstone Ecosystem elk
move from their lower altitude winter ranges to their higher
altitude summer ranges.\2\ The recovery of some endangered
species also depends upon migrations: for example, the
endangered Florida panther's distribution must push north in
order for the population to reestablish across its historic
range.\3\ Wildlife migration and distribution are also
essential to species survival under human-induced climate
change. For example, one meta-analysis study has estimated that
terrestrial species are already moving to higher latitudes at a
median rate of 16.9 kilometers per decade.\4\
---------------------------------------------------------------------------
\1\See, e.g., U.S. Fish & Wildlife Serv., Gray wolf, Canis lupus
(2013), https://www.fws.gov/northeast/graywolf/wolfbio.pdf.
\2\Elk Migrations of the Greater Yellowstone, Univ. of Wyo., Wyo.
Migration Initiative, https://migrationinitiative.org/content/elk-
migrations-greater-yellowstone (last visited June 10, 2020).
\3\See U.S. Fish & Wildlife Serv., Florida Panther Multi-Species
Recovery Plan for South Florida 4-120 (1999), https://www.fws.gov/
verobeach/MSRPPDFs/FloridaPanther.pdf.
\4\I-Ching Chen, Jane K. Hill, Ralf Ohlemuller, David B. Roy &
Chris D. Thomas, Rapid Range Shifts of Species Associated with High
Levels of Climate Warming, 333 (6045) Science 1024 (2011), DOI:
10.1126/science.1206432, https://science.sciencemag.org/content/333/
6045/1024.
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However, much wildlife migration in North America is
impeded by human-made infrastructure. Roads, fences, energy
infrastructure, agricultural fields, pastures, and residential
development all can block or detour migrating wildlife. Such
habitat fragmentation hinders the movement of individual
animals, the migration of populations, the search for food, and
reproduction.\5\ If barriers exist that prevent species from
reaching suitable habitat, species may be forced to live in
unsuitable habitat, increasing their risk of extinction.\6\ In
certain cases where highways cross commonly-used wildlife
migration routes, public safety is threatened by an increased
risk of vehicle-wildlife collisions.\7\
---------------------------------------------------------------------------
\5\USDA, Nat. Res. Conservation Serv., National Biology Handbook
Aquatic and Terrestrial Habitat Resources, pt. 614.4, Conservation
Corridor Planning at the Landscape Level Managing for Wildlife Habitat
(1999), ch. 2, Habitat Fragmentation, https://prod.nrcs.usda.gov/
Internet/FSE_DOCUMENTS/nrcs144p2_015259.pdf.
\6\See, e.g., Gretta T. Pecl et al., Biodiversity Redistribution
Under Climate Change: Impacts on Ecosystems and Human Well-Being 2, 3,
335 Science (2017), DOI: 10.1126/science.aai9214, https://
science.sciencemag.org/content/355/6332/eaai9214.
\7\W. Ass'n of Fish & Wildlife, Mule Deer Working Grp.,
Understanding Mule Deer Migration Fact Sheet #12 (2014), https://
www.wafwa.org/Documents%20and%20Settings/37/Site%20Documents/
Working%20Groups/Mule%20Deer/FactSheets/
MDWG%20Fact%20Sheet%2012%20Migration.pdf.
---------------------------------------------------------------------------
Developing and restoring wildlife corridors can allow
species to complete their migrations and decrease wildlife
collisions and related human injuries.\8\ Corridors vary widely
in size and shape, and include natural corridors such as
riparian zones and streams that naturally connect wetlands and
watersheds, and artificially constructed ones such as
overpasses and underpasses on highways.\9\
---------------------------------------------------------------------------
\8\See, e.g., Large-Scale Networks, Conservation Corridor, http://
conservationcorridor.org/corridors-in-conservation/large-scale-
networks/ (last visited July 1, 2020); Kelley M Stewart, U. of Nev.
Reno Dep't of Nat. Res. & Envtl. Sci. (prepared for Nev. Dep't of
Transp.), Effectiveness of Wildlife Crossing Structures to Minimize
Traffic Collisions with Mule Deer and Other Wildlife in Nevada (2015),
https://www.nevadadot.com/home/showdocument?id=6485.
\9\See, e.g., Corridor FAQ, Conservation Corridor, https://
conservationcorridor.org/the-science-of-corridors/ (last visited
June10, 2020).
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Thus far, states and tribes have led the way on designating
and managing wildlife corridors. States like California and New
Hampshire have passed legislation to protect wildlife
corridors, and the Western Governors' Association and the
Conference of New England Governors and Eastern Canadian
Premiers have passed wildlife corridor resolutions. Tribes,
including the Navajo, Southern Ute, Ute Mountain Ute, and the
Jicarilla Apache, have taken actions to promote and study
wildlife corridors. The federal government has also taken
steps: in 2018, then--Secretary of the Interior Ryan Zinke
issued Secretarial Order 3362 to improve habitat quality in
western big game winter range and migration corridors for
antelope, elk, and mule deer.
A federal wildlife corridor program would bring together
states, tribes, and the federal government to more effectively
implement wildlife corridors, because wildlife do not recognize
borders. H.R. 2795 establishes a National Wildlife Corridors
system to provide for the protection and restoration of certain
native fish, wildlife and plant species, as well as creates a
Tribal Wildlife Corridors system.
Committee Action
H.R. 2795 was introduced on May 16, 2019, by Representative
Don Beyer (D-VA). The bill was referred to the Committee on
Natural Resources, and in addition to the Committees on
Agriculture, Armed Services, and Transportation and
Infrastructure. Within the Natural Resources Committee, the
bill was referred to the Subcommittee on Water, Oceans, and
Wildlife; the Subcommittee on National Parks, Forests, and
Public Lands; and the Subcommittee for Indigenous Peoples of
the United States. On October 17, 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. Chair Raul M. Grijalva (D-AZ) offered an
amendment designated Grijalva #111. The amendment was agreed to
by voice vote. Ranking Member Rob Bishop (R-UT) offered an
amendment designated Bishop #1. The amendment was withdrawn. No
additional amendments were offered. 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:
[GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT]
On July 1, 2020, the House of Representatives passed H.R.
2, the Moving Forward Act, which included the text of H.R. 2795
with minor changes.\10\
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\10\H.R. 2, 116th Cong. tit. III, subtitle B (as passed by and
engrossed in the House, July 1, 2020).
---------------------------------------------------------------------------
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. 2795: legislative hearing by the Subcommittee on
Water, Oceans, and Wildlife held on October 17, 2019.
Section-by-Section Analysis
Section 1. Short title; table of contents
Section 2. Findings and purposes
Section 3. Definitions
Title I--National Wildlife Corridor (NWC) System on Federal Land and
Water
Section 101. National Wildlife Corridors. This section
establishes a system of corridors on federal land and water to
be known as the ``National Wildlife Corridor System.''
Corridors may be established by statute or administratively.
Not later than 18 months after the enactment of this bill, the
Secretary of the Interior, acting through the Director of the
U.S. Fish and Wildlife Service (FWS), must develop a strategy
for the National Wildlife Corridor System to support native
species subject to habitat loss, ensure coordination between
federal agencies, and develop a timeline for implementation.
Section 102. Administrative designation of National
Wildlife Corridors. This section sets standards for the
establishment of NWCs by administrative action. Corridor
designations may be made by the Secretaries of Agriculture,
Commerce, Defense, the Interior, or Transportation, who are
required to ensure new corridors are coordinated with existing
or recognized federal, state, and tribal wildlife corridors;
are based on the best available science; and support the
connectivity, persistence, resilience, and adaptability of the
target species. Corridors on military installations are
prohibited from interfering with military capability and
preparedness. Corridor nominations can be submitted by states,
tribes, local governments, or relevant non-governmental
organizations (NGOs); the relevant Secretary must respond to
those nominations within one year.
Section 103. Management of National Wildlife Corridors.
This section directs the relevant land management agencies to
manage NWCs under their jurisdiction to improve habitat and
connectivity for target native species by improving
connectivity within the NWC, improving the resilience of native
species to respond to climate change, restoring habitat, and
removing or mitigating human-made barriers to improve wildlife
movement. Any NWCs that span multiple jurisdictions require
coordination among the relevant land management agencies, and
in the case of intersections of NWCs with roads or highways,
coordination with the Department of Transportation and
nonfederal transportation agencies is also required to identify
and implement mitigation strategies.
Section 104. Collaboration and coordination. This section
authorizes the federal land management agencies to consult and
coordinate with relevant entities--including state wildlife
agencies, Indian tribes, local governments, partnerships such
as regional fishery management councils, and NGOs--to identify
and manage NWCs.
Section 105. Effect. This section clarifies that nothing in
this bill affects any other species conservation law, or any
state or Indian tribe's authority to manage fish and wildlife.
Title II--Tribal Wildlife Corridors\11\
---------------------------------------------------------------------------
\11\See generally Bill Report for H.R. 5179, H.R. Rep. No. 116-__
(2020).
---------------------------------------------------------------------------
Section 201. Tribal Wildlife Corridors. This section
directs the Secretary of the Interior to establish a regulatory
process for nominating and designating Tribal Wildlife
Corridors. To designate a Tribal Wildlife Corridor, a tribe's
nomination for a new corridor must support restoring historical
habitat for connectivity, managing land for connectivity, and
preventing new barriers to wildlife movement. Tribes may remove
a designation by notifying the Secretary. This section also
amends section 202 of the Federal Land Policy and Management
Act (which directs the development and implementation of land
use plans) to include Tribal Wildlife Corridor management. This
section also clarifies that a tribe that has a Tribal Wildlife
Corridor is eligible for grants under Section 301 of this bill.
Section 202. Protection of Indian tribes. This section
clarifies that nothing in the Act affects the federal trust
responsibility to Indian tribes. This section also provides
tribes financial and privacy protections for sensitive data
regarding natural, cultural, and religious resources.
Information is exempt from Freedom of Information Act
disclosure if that disclosure would cause a significant
invasion of privacy, threaten human remains or other cultural
items, or impede the use of traditional religious sites by
practitioners.
Title III--Wildlife Movement Grant Program on Non-Federal Land and
Water
Section 301. Wildlife movement grant program. This section
establishes a wildlife movement grant program for regionally
important connectivity projects that encourage native wildlife
movement on non-federal land and water. These grants are
available to private landowners, state wildlife and natural
resources agencies, tribes, local governments, agricultural
cooperatives, water authorities, universities, and entities
approved by regional wildlife movement councils.
Section 302. National Coordination Committee. This section
establishes a National Coordination Committee composed of the
relevant Secretaries, directors of relevant agencies, two
intertribal representatives, the chairs of each regional
wildlife movement council, and not more than three
representatives from NGOs or scientific or academic
organizations. The National Coordination Committee shall
establish standards and criteria for soliciting and managing
grants and make annual recommendations to the Secretary for the
selection of grant recipients. The relevant Secretaries must
also consider the National Coordination Committee's
recommendations when deciding on designating an NWC.
Section 303. Regional wildlife movement councils. This
section creates at least four regional wildlife movement
councils, composed of state fish and wildlife agency directors
and representatives from tribal governments, FWS, NGOs, and
private landowners. Each regional wildlife movement council
shall develop a regional wildlife movement plan, provide for
public and tribal engagement, solicit applications for wildlife
movement grants, and submit to the National Coordination
Committee an annual list of regional priority projects for
grants and an annual report describing the council's
activities.
Title IV--National Wildlife Corridors Database
Section 401. National wildlife corridors database. This
section directs the U.S. Geological Survey (USGS) to establish
a ``National Wildlife Corridors Database.'' The Database will
include maps, data, models, surveys, and descriptions of
current and projected climate-related shifts in habitats,
wildlife movements, and corridors. The Database must be
designed to enable the assessment of natural resource
adaptation strategies, impacts of various development projects
on native species habitats and the NWCs, and strategies that
promote habitat connectivity.
Title V--Funding
Section 501. Wildlife Corridors Stewardship Fund. This
section establishes a Wildlife Corridor Stewardship Fund to
assist in the management of NWCs, consisting of donations
collected by the National Fish and Wildlife Foundation.
Section 502. Working landscapes. This section authorizes
the Secretary of Agriculture to support habitat connectivity
and restoration activities through existing conservation
programs.
Section 503. Authorization of Appropriations. This section
authorizes:
$18 million per fiscal year beginning in
2020 for the National Wildlife Corridor System;
$5 million per fiscal year beginning in 2020
for Tribal Wildlife Corridors;
$50 million per fiscal year beginning in
2022 for the Wildlife Movement Grant Program;
$1 million per year for regional wildlife
movement councils, proportionally divided among
regions; and
$3 million for fiscal year 2020 and $1.5
million annually beginning in fiscal year 2021 for the
National Wildlife Corridors Database.
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, July 27, 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. 2795, the Wildlife
Corridors Conservation Act of 2019.
If you wish further details on this estimate, we will be
pleased to provide them. The CBO staff contact is Janani
Shankaran.
Sincerely,
Phillip L. Swagel,
Director.
Enclosure.
[GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT]
Bill Summary: H.R. 2795 would establish a framework for
federal agencies to designate wildlife corridors on federal and
tribal land and waters, and would direct the U.S. Fish and
Wildlife Service (USFWS) to award grants to states and other
entities to manage wildlife movement on nonfederal land. The
bill would authorize appropriations totaling $355 million over
the 2020-2025 period for those purposes.
Estimated Federal cost: The estimated budgetary effect of
H.R. 2795 is shown in Table 1. The costs of the legislation
fall primarily within budget function 300 (natural resources
and environment).
TABLE 1.--ESTIMATED INCREASES IN SPENDING SUBJECT TO APPROPRIATION UNDER H.R. 2795
----------------------------------------------------------------------------------------------------------------
By fiscal year, millions of dollars--
----------------------------------------------------------------------
2020 2021 2022 2023 2024 2025 2020-2025
----------------------------------------------------------------------------------------------------------------
National Wildlife Corridors:
Authorization........................ 18 18 18 18 18 18 108
Estimated Outlays.................... * 25 18 18 18 18 97
Tribal Wildlife Corridors:
Authorization........................ 5 5 5 5 5 5 30
Estimated Outlays.................... * 9 5 5 5 5 29
Wildlife Movement Grants:
Authorization........................ 0 0 50 50 50 50 200
Estimated Outlays.................... 0 0 5 18 35 45 103
Other Provisions:
Authorization........................ 4 2 2 3 3 3 17
Estimated Outlays.................... * 4 3 3 3 3 16
Total Changes:
Authorization.................... 27 25 75 76 76 76 355
Estimated Outlays................ * 38 31 44 61 71 245
----------------------------------------------------------------------------------------------------------------
* = between zero and $500,000.
CBO estimates that enacting H.R. 2795 would increase direct spending by an insignificant amount.
Basis of estimate: For this estimate, CBO assumes that the
legislation will be enacted late in fiscal year 2020 and that
the authorized amounts will be appropriated in each year.
Estimated outlays are based on historical spending patterns for
similar activities.
H.R. 2795 would authorize appropriations totaling $355
million over the 2020-2025 period. CBO estimates that
implementing the bill would cost $245 million over the same
period.
National Wildlife Corridors: Title I would establish the
National Wildlife Corridor System on federal land and waters to
protect the movement of native species. The bill would
authorize the annual appropriation of $18 million starting in
2020 for the Departments of Agriculture, Defense, Commerce,
Transportation, and the Interior to issue regulations on
designating wildlife corridors and to manage those corridors.
CBO estimates that implementing title I would cost $97 million
over the 2020-2025 period.
Tribal Wildlife Corridors: Title II would direct USFWS to
establish a program to designate wildlife corridors on tribal
land and to provide related technical assistance to tribes. The
bill would authorize the annual appropriation of $5 million
starting in 2020 for that purpose. CBO estimates that
implementing title II would cost $29 million over the 2020-2025
period.
Wildlife Movement Grants: Title III would direct USFWS to
award grants to states, tribes, and other entities to support
wildlife movement on nonfederal land. The bill would establish
a national coordination committee with representatives from
federal agencies, state agencies, and tribal governments to
establish criteria for grant applications and to recommend
projects to USFWS. Title III also would direct USFWS to
establish regional councils to develop regional wildlife
movement plans and solicit applications for grants. H.R. 2795
would authorize the annual appropriation of $50 million for
those grants, starting in 2022. CBO estimates that implementing
title III would cost $103 million over the 2020-2025 period.
Other Provisions: H.R. 2795 would authorize appropriations
totaling $10.5 million over the 2020-2025 period for the U.S.
Geological Survey to establish and maintain a database on
national wildlife corridors. The bill also would authorize the
annual appropriation of $1 million starting in 2020 for USFWS
to provide administrative support to the regional councils
established under title III. CBO estimates that implementing
those provisions would cost $16 million over the 2020-2025
period.
Pay-As-You-Go considerations: The Statutory Pay-As-You-Go
Act of 2010 establishes budget-reporting and enforcement
procedures for legislation affecting direct spending or
revenues. H.R. 2795 would authorize USFWS to accept cash
donations; such collections are classified in the budget as
offsetting receipts, which are shown as reductions in direct
spending, and those amounts would be available to spend without
further appropriation. CBO expects that any donations would be
offset soon thereafter by expenditures and thus the net effect
on direct spending would be negligible.
Income from mineral leasing, timber production, grazing,
and special use permits is classified in the budget as
offsetting receipts. Under H.R. 2795, the federal government
could forgo receipts because land designated as wildlife
corridors could be withdrawn from availability for those uses;
however, CBO estimates that any reduction in those receipts
would be insignificant over the 2020-2030 period.
Increase in long-term deficits: CBO estimates that enacting
H.R. 2795 would not increase on-budget deficits by more than $5
billion in any of the four consecutive 10-year periods
beginning in 2031.
Mandates: None.
Estimate prepared by: Federal Costs: Janani Shankaran;
Mandates: Andrew Laughlin.
Estimate reviewed by: Susan Willie, Chief, Natural and
Physical Resources Cost Estimates Unit; 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 a National Wildlife
Corridors system to provide for the protection and restoration
of certain native fish, wildlife and plant species, as well as
create a Tribal wildlife corridors system.
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 302 of the bill establishes a National Coordination
Committee, and Section 303 establishes several regional
wildlife movement councils. In reporting the bill favorably to
the House of Representatives, the Committee on Natural
Resources finds that these functions would be better performed
by the proposed entities 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. Such program was not included in any report from the
Government Accountability Office to Congress pursuant to
section 21 of Public Law 111-139. The Wildlife Movement Grant
Program required by section 301 of the bill is related and
complementary to, but not duplicative of, the following
programs identified in the most recent Catalog of Federal
Domestic Assistance published pursuant to 31 U.S.C. Sec. 6104:
Conservation Reserve Program (CFDA No. 10.069), Environmental
Quality Incentives Program (CFDA No. 10.912), Conservation
Stewardship Program (CFDA No. 10.924), Agricultural
Conservation Easement Program (CFDA No. 10.931), Fish, Wildlife
and Plant Conservation Resource Management (CFDA No. 15.231),
Plant Conservation and Restoration Management (CFDA No.
15.245), Threatened and Endangered Species (CFDA No. 15.246),
Wildlife Resource Management (CFDA No. 15.247), and Partners
for Fish and Wildlife (CFDA No. 15.631).
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 Made by the Bill, as Reported
In compliance with clause 3(e) of rule XIII of the Rules of
the House of Representatives, changes in existing law made by
the bill, as reported, are shown as follows (existing law
proposed to be omitted is enclosed in black brackets, new
matter is printed in italics, and existing law in which no
change is proposed is shown in roman):
FEDERAL LAND POLICY AND MANAGEMENT ACT OF 1976
* * * * * * *
TITLE II--LAND USE PLANNING; LAND ACQUISITION AND DISPOSITION
* * * * * * *
land use planning
Sec. 202. (a) The Secretary shall, with public involvement
and consistent with the terms and conditions of this Act,
develop, maintain, and, when appropriate, revise land use plans
which provide by tracts or areas for the use of the public
lands. Land use plans shall be developed for the public lands
regardless of whether such lands previously have been
classified, withdrawn, set aside, or otherwise designated for
one or more uses.
(b) In the development and revision of land use plans, the
Secretary of Agriculture shall coordinate land use plans for
lands in the National Forest System with the land use planning
and management programs of and for [Indian tribes by] Indian
tribes--
(1) by among other things, considering the policies
of approved tribal land resource management
programs[.]; and
(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.
(c) In the development and revision of land use plans, the
Secretary shall--
(1) use and observe the principles of multiple use
and sustained yield set forth in this and other
applicable law;
(2) use a systematic interdisciplinary approach to
achieve integrated consideration of physical,
biological, economic, and other sciences;
(3) give priority to the designation and protection
of areas of critical environmental concern;
(4) rely, to the extent it is available, on the
inventory of the public lands, their resources, and
other values;
(5) consider present and potential uses of the public
lands;
(6) consider the relative scarcity of the values
involved and the availability of alternative means
(including recycling) and sites for realization of
those values;
(7) weigh long-term benefits to the public against
short-term benefits;
(8) provide for compliance with applicable pollution
control laws, including State and Federal air, water,
noise, or other pollution standards or implementation
plans; and
(9) to the extent consistent with the laws governing
the administration of the public lands, coordinate the
land use inventory, planning, and management activities
of or for such lands with the land use planning and
management programs of other Federal departments and
agencies and of the States and local governments within
which the lands are located, including, but not limited
to, the statewide outdoor recreation plans developed
under chapter 2003 of title 54, United States Code, and
of or for Indian tribes by, among other things,
considering the policies of approved State and tribal
land resource management programs. In implementing this
directive, the Secretary shall, to the extent he finds
practical, keep apprised of State, local, and tribal
land use plans; assure that consideration is given to
those State, local, and tribal plans that are germane
in the development of land use plans for public lands;
assist in resolving, to the extent practical,
inconsistencies between Federal and non-Federal
Governmental plans, and shall provide for meaningful
public involvement of State and local government
officials, both elected and appointed, in the
development of land use programs, land use regulations,
and land use decisions for public lands, including
early public notice of proposed decisions which may
have a significant impact on non-Federal lands. Such
officials in each State are authorized to furnish
advice to the Secretary with respect to the development
and revision of land use plans, land use guidelines,
land use rules, and land use regulations for the public
lands within such State and with respect to such other
land use matters as may be referred to them by him.
Land use plans of the Secretary under this section
shall be consistent with State and local plans to the
maximum extent he finds consistent with Federal law and
the purposes of this Act.
(d) Any classification of public lands or any land use plan
in effect on the date of enactment of this Act is subject to
review in the land use planning process conducted under this
section, and all public lands, regardless of classification,
are subject to inclusion in any land use plan developed
pursuant to this section. The Secretary may modify or terminate
any such classification consistent with such land use plans.
(e) The Secretary may issue management decisions to implement
land use plans developed or revised under this section in
accordance with the following:
(1) Such decisions, including but not limited to
exclusions (that is, total elimination) of one or more
of the principal or major uses made by a management
decision shall remain subject to reconsideration,
modification, and termination through revision by the
Secretary or his delegate, under the provisions of this
section, of the land use plan involved.
(2) Any management decision or action pursuant to a
management decision that excludes (that is, totally
eliminates) one or more of the principal or major uses
for two or more years with respect to a tract of land
of one hundred thousand acres or more shall be reported
by the Secretary to the House of Representatives and
the Senate. If within ninety days from the giving of
such notice (exclusive of days on which either House
has adjourned for more than three consecutive days),
the Congress adopts a concurrent resolution of
nonapproval of the management decision or action, then
the management decision or action shall be promptly
terminated by the Secretary. If the committee to which
a resolution has been referred during the said ninety
day period, has not reported it at the end of thirty
calendar days after its referral, it shall be in order
to either discharge the committee from further
consideration of such resolution or to discharge the
committee from consideration of any other resolution
with respect to the management decision or action. A
motion to discharge may be made only by an individual
favoring the resolution, shall be highly privileged
(except that it may not be made after the committee has
reported such a resolution), and debate thereon shall
be limited to not more than one hour, to be divided
equally between those favoring and those opposing the
resolution. An amendment to the motion shall not be in
order, and it shall not be in order to move to
reconsider the vote by which the motion was agreed to
or disagreed to. If the motion to discharge is agreed
to or disagreed to, the motion may not be made with
respect to any other resolution with respect to the
same management decision or action. When the committee
has reprinted, or has been discharged from further
consideration of a resolution, it shall at any time
thereafter be in order (even though a previous motion
to the same effect has been disagreed to) to move to
proceed to the consideration of the resolution. The
motion shall be highly privileged and shall not be
debatable. An amendment to the motion shall not be in
order, and it shall not be in order to move to
reconsider the vote by which the motion was agreed to
or disagreed to.
(3) Withdrawals made pursuant to section 204 of this
Act may be used in carrying out management decisions,
but public lands shall be removed from or restored to
the operation of the Mining Law of 1872, as amended
(R.S. 2318-2352; 30 U.S.C. 21 et. seq.) or transferred
to another department, bureau, or agency only by
withdrawal action pursuant to section 204 or other
action pursuant to applicable law: Provided, That
nothing in this section shall prevent a wholly owned
Government corporation from acquiring and holding
rights as a citizen under the Mining Law of 1872.
(f) The Secretary shall allow an opportunity for public
involvement and by regulation shall establish procedures,
including public hearings where appropriate, to give Federal,
State, and local governments and the public, adequate notice
and opportunity to comment upon and participate in the
formulation of plans and programs relating to the management of
the public lands.
(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.
* * * * * * *
[GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT]
DISSENTING VIEWS
H.R. 2795 is predicated on the assumption that human and
wildlife use of land is incompatible, despite thousands of
years of experience to the contrary. In pursuit of this faulty
assumption, this bill would vastly expand federal land holdings
and impose severe restrictions on productive use of the land
through the guise of wildlife corridors. This legislation is no
more than the establishment of a new layer of federal
bureaucracy for the classification of new federal lands
throughout this country. This comes at a time when our public
land infrastructure is suffocating under a more than $18
billion maintenance backlog.
Wildlife corridors do not require the heavy hand of federal
bureaucrats to administer. In November 2018, then-Interior
Secretary Zinke signed Secretarial Order 3362 which explicitly
aims to protect migration corridors through greater
coordination with States and private landowners.
Experience informs us that pipelines and other critical
infrastructure are perfectly compatible with flourishing
wildlife populations. For example, the Elbow Fish and Game Club
in northern Pennsylvania and the Anadarko Petroleum Corporation
have nurtured a partnership between wildlife and natural gas
transportation. According to an analysis of the Whitetail
Institute of North America, trail cameras along the pipeline
have shown that ``deer are using the right-of-way as a food
source and travel corridor.'' The analysis has stated that the
tree clearing to establish the right-of-way has allowed
sunlight to stimulate undergrowth that has lent itself as
habitat to rabbits and songbirds.
As the Property and Environment Research Center so
eloquently put it in a statement submitted for the record to
the Subcommittee on Water, Oceans and Wildlife during an
October 2019 hearing on the bill:
It is critical that efforts to conserve migration
corridors transform wildlife from an economic liability
into an asset for the private landowners who provide
essential habitat. Corridors on federal land begin and
end somewhere, and more often than not it is on private
land. Lines on a map can be concerning to landowners
who won't necessarily see federal interest in migration
corridors as a good thing. Corridor designations should
respect private property rights and not impose
regulatory burdens on landowners. By respecting private
property rights and using economic incentives in place
of regulation, conservation efforts will better engage
more landowners.
The proposed legislation does nothing to take into account
the affect the establishment of federal wildlife corridors on
public land will have on private property owners adjacent to
these public lands and will ultimately amount to nothing more
than increased burdensome federal regulation on these lands.
For these reasons, many Republicans oppose this legislation in
its current form.
Rob Bishop.
Louie Gohmert.
Tom McClintock.
Paul Gosar.
[all]
