H.R. 2795 — what changed
Wildlife Corridors Conservation Act of 2019
From Introduced in House to Reported in House. 9 sections amended between Introduced in House and Reported in House.
Sec. 2 Findings and purposes
Findings— Congress finds that—
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;
the populations of many native fish, wildlife, and plant species in the United States are in decline;
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;
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;
climate change threatens native fish, wildlife, and plant species;
the 2019 global assessment report from the Intergovernmental Science-Policy Platform on Biodiversity and Ecosystem Services found that—
1,000,000 wildlife and plant species worldwide are now threatened with extinction; and
75 percent of the land-based environment, and approximately 66 percent of the marine environment, have been significantly altered by human actions;
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—
to conserve native biodiversity; and
to ensure resiliency against impacts from a range of biotic and abiotic stressors;
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;
the protection of new and existing corridors is often one of the first steps in restoration and recovery planning;
States have recognized the importance of habitat connectivity, including—
a New England Governors and Eastern Canadian Premiers' Conference on the importance of connectivity for ecosystem adaptability and resilience, biodiversity, and human communities; and
changed
an expired 2007 policy resolution of the past Western Governors' Association;Governors’ Association policy resolution;
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”;
Federal and State agencies continue to develop policies to address—
the importance of conserving fish, wildlife, and plant corridors;
the gap between science and management for at-risk species; and
ecological connectivity; and
Federal policies consistently recognize the importance of voluntary improvement projects by private landowners to habitat conservation and restoration for native species.
Purposes— The purposes of this Act are—
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;
to provide long-term habitat connectivity for native species migration, dispersal, adaptation to climate and other environmental change, and genetic exchange;
to help restore wildlife movements that have been disrupted by habitat loss, degradation, fragmentation, or obstruction;
to facilitate coordinated landscape- and seascape-scale connectivity planning and management across jurisdictions; and
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:
Appropriate committees of Congress— The term appropriate committees of Congress means—
the Committee on Energy and Natural Resources of the Senate;
the Committee on Environment and Public Works of the Senate;
the Committee on Appropriations of the Senate;
the Committee on Energy and Commerce of the House of Representatives;
the Committee on Natural Resources of the House of Representatives; and
the Committee on Appropriations of the House of Representatives.
Connectivity— The term “connectivity” means the degree to which the landscape or seascape facilitates native species movement.
Corridor— The term “corridor” means a feature of the landscape or seascape that—
provides habitat or ecological connectivity; and
allows for native species movement or dispersal.
Database— The term Database means the National Wildlife Corridors Database established under section 401(a).
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.
Fund— The term “Fund” means the Wildlife Corridors Stewardship Fund established by section 501(a).
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.
Indian land— The term Indian land means land of an Indian tribe, or an Indian individual, that is—
held in trust by the United States; or
subject to a restriction against alienation imposed by the United States.
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).
National Coordination Committee— The term “National Coordination Committee” means the National Coordination Committee established under section 302(a).
National Wildlife Corridor— The term “National Wildlife Corridor” means any Federal land or water designated as a National Wildlife Corridor under section 101(a).
National Wildlife Corridor System— The term National Wildlife Corridor System means the system of National Wildlife Corridors established by section 101(a).
Native species— The term “native species” means—
changed
an indigenous a fish, wildlife, or plant species that is or was historically present in a particular ecosystem as a result of the United States, natural migratory or evolutionary processes, including subspecies and plant varieties;varieties; and
removed
a fish, wildlife, or plant species not indigenous to the United States that the Secretary determines to be—
removed
noninvasive; or
removed
beneficial to the biodiversity of the natural ecosystem; and
renumbered
was (15)(5)
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))).
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.
Regional wildlife movement council— The term “regional wildlife movement council” means a regional wildlife movement council established under section 303(a).
Secretaries— The term Secretaries means—
the Secretary of Agriculture;
the Secretary of Commerce;
the Secretary of Defense;
the Secretary of the Interior; and
the Secretary of Transportation.
Secretary— The term “Secretary” means the Secretary of the Interior, acting through the Director of the United States Fish and Wildlife Service.
Tribal Wildlife Corridor— The term Tribal Wildlife Corridor means a corridor established by the Secretary under section 201(a)(1)(C).
United States— The term United States, when used in a geographical sense, means—
a State;
the District of Columbia;
the Commonwealth of Puerto Rico;
Guam;
American Samoa;
the Commonwealth of the Northern Mariana Islands;
the Federated States of Micronesia;
the Republic of the Marshall Islands;
the Republic of Palau;
the United States Virgin Islands; and
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.
changed
Wildlife movement— The term “wildlife movement” means the passage of individual members or populations of a fish, wildlife, or plant native species across a landscape or seascape.
Sec. 101 National Wildlife Corridors
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—
statute;
rulemaking under section 102; or
changed
a land management or land use plan developed or revised under section 202 of by the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1712).Secretaries.
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—
to support the fulfillment of the purposes described in section 2(b);
to ensure coordination and consistency across Federal agencies in the development, implementation, and management of National Wildlife Corridors; and
to develop a timeline for the implementation of National Wildlife Corridors.
Sec. 102 Administrative designation of National Wildlife Corridors
Rulemaking—
changed
National wildlife corridors— Not later than 2 years after the date of enactment of this Act, the Secretary, in consultation with the Secretaries, pursuant to the Secretaries’ respective land, water, and resource management planning and conservation authorities of the Secretaries, 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.
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.
Criteria for designation— The regulations promulgated by the Secretary under subsection (a)(1) shall ensure that, in designating a National Wildlife Corridor, the Secretaries—
base the designation of the National Wildlife Corridor on—
coordination with existing—
National Wildlife Corridors;
changed
corridors established or recognized by States; and
Tribal Wildlife Corridors; and
the best available science of—
existing native species habitat; and
likely future native species habitats;
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—
dispersal and genetic exchange between populations;
range shifting, range expansion, or range restoration, such as in response to climate change;
seasonal movement or migration; or
succession, movement, or recolonization following—
a disturbance, such as fire, flood, drought, or infestation; or
population decline or previous extirpation;
consult the Database; and
consider recommendations from the National Coordination Committee under section 302(e)(2)(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—
is necessary for the natural movements of 1 or more native species;
requires restoration, including—
land or water that is degraded; and
land or water from which a species is currently absent—
but may be colonized or recolonized by the species naturally; or
to which the species may be reintroduced or restored based on habitat changes; and
is fragmented or consists of only a portion of the habitat required for the connectivity needs of 1 or more native species.
Nomination for designation—
In general— In establishing the process for designation under subsection (a)(1), the Secretary shall include procedures under which—
changed
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 an area Federal land or water under the respective jurisdiction of the Secretaries; and
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.
Supporting documentation— A nomination for designation under paragraph (1)(A) shall include supporting documentation, including—
the native species for which the National Wildlife Corridor would be designated;
summaries and references of, with respect to the designation of a National Wildlife Corridor—
the best science available at the time of the submission of the nomination for designation documenting why the corridor is needed; and
the most current scientific reports available at the time of the submission of the nomination for designation;
information with respect to how the nomination was coordinated with potential partners;
a description of supporting stakeholders, such as States, Indian tribes, local governments, scientific organizations, nongovernmental organizations, and affected voluntary private landowners; and
any additional information the Secretaries, in consultation with the National Coordination Committee, determine is relevant to the nomination.
Designation on military land—
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))—
shall be consistent with the use of military installations and State-owned National Guard installations to ensure the preparedness of the Armed Forces; and
may not result in a net loss in the capability of military installation lands to support the military mission of the installation.
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—
the suspension or termination; and
any voluntary steps taken by the Department of Defense to attempt to provide similar ecological connectivity elsewhere on the military installation.
Sec. 201 Tribal Wildlife Corridors
Establishment—
In general—
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.
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).
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.
Criteria—
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.
Inclusions— The criteria established under subparagraph (A) shall include, at a minimum, the following:
The restoration of historical habitat for the purposes of facilitating connectivity.
The management of land for the purposes of facilitating connectivity.
The management of land to prevent the imposition of barriers that may hinder current or future connectivity.
Removal—
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.
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.
Coordination of land use plans— Section 202 of the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1712) is amended—
in subsection (b)—
by striking “Indian tribes by” and inserting the following:
“(1) by”
in paragraph (1) (as so designated), by striking the period at the end and inserting “; and”; and
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.”
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.”
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.
Availability of assistance—
Conservation programs consideration—
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.
Programs described— The conservation programs referred to in subparagraph (A) are any of the following conservation programs administered by the Secretary of Agriculture:
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.).
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.).
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.).
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.).
changed
Wildlife movements 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.
Savings clause— Nothing in this section authorizes or affects the use of private property or Indian land.
Sec. 301 Wildlife movement grant program
changed
In general— The Secretary shall establish a wildlife movements movement grant program (referred to in this section as the “grant program”) to encourage wildlife movement in accordance with this subsection.
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—
are a regional priority project identified by a regional wildlife movement council;
satisfy the purposes described in section 2(b); and
increase connectivity for native species.
Eligible recipients— A person that is eligible to receive a grant under the grant program is—
a voluntary private landowner or group of landowners;
a State fish and wildlife agency or other State agency responsible for managing natural resources and wildlife;
an Indian tribe;
a unit of local government;
an agricultural cooperative;
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);
institutions of higher education;
an entity approved for a grant by a regional wildlife movement council; and
any group of entities described in paragraphs (1) through (8).
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
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”.
Administrative support— The Secretary shall provide administrative support for the National Coordination Committee.
Membership— The National Coordination Committee shall be composed of—
the Secretary (or a designee);
the Secretary of Transportation (or a designee);
the Secretary of Agriculture (or a designee);
the Secretary of Commerce (or a designee);
the Secretary of Defense (or a designee);
the Director of the Bureau of Indian Affairs (or a designee);
the Executive Director of the Association of Fish and Wildlife Agencies (or a designee);
2 representatives of intertribal organizations, to be appointed by the Secretary;
the chairperson of each regional wildlife movement council (or a designee); and
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.
removed
Chairperson— The National Coordination Committee shall select a Chairperson and Vice Chairperson from among the members of the National Coordination Committee.
renumbered
was (6)
Duties— The National Coordination Committee—
renumbered
was (6)(3)
shall establish standards for regional wildlife movement plans to allow for better cross-regional collaboration; and
added
shall, with respect to the wildlife movement grant program under section 301—
removed
shall, with respect to the wildlife movements grant program under section 301—
renumbered
was (6)(4)(2)
establish criteria and develop guidelines for the solicitation of applications for grants by regional wildlife movement councils;
renumbered
was (6)(4)(3)
develop standardized contracts, reporting requirements, and evaluation metrics for grant recipients; and
renumbered
was (6)(4)(4)
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).
renumbered
was (7)
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
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.
Membership—
In general— Each regional wildlife movement council shall be composed of—
the director of each State fish and wildlife agency within the jurisdiction of the regional wildlife movement council (or a designee);
balanced representation from Tribal governments within the jurisdiction of the regional wildlife movement council;
to serve as a Federal agency liaison and nonvoting, ex officio member—
the Director of the United States Fish and Wildlife Service (or a designee); or
the director of any applicable regional office of the United States Fish and Wildlife Service (or a designee);
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
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.
Requirements—
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.
Expertise— Each regional wildlife movement council shall include experts in ecological connectivity, native species ecology, and ecological adaptation.
removed
Chairperson— Each regional wildlife movement council shall select a Chairperson from among the members of the regional wildlife movement council.
Duties— Each regional wildlife movement council shall—
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;
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);
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);
changed
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 movements movement grants under section 301 to maintain wildlife movements in the area under the jurisdiction of the regional wildlife movement council; and
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.
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—
Federal agencies;
Indian tribes;
regional fishery management councils established under section 302(a) of the Magnuson-Stevens Fishery Conservation and Management Act (16 U.S.C. 1852(a));
migratory bird joint ventures partnerships recognized by the United States Fish and Wildlife Service with respect to migratory bird species;
State fish and wildlife agencies;
regional associations of fish and wildlife agencies;
nongovernmental organizations;
applicable voluntary private landowners;
the National Coordination Committee;
fish habitat partnerships;
other regional wildlife movement councils with respect to crossregional projects;
international wildlife management entities with respect to transboundary species in accordance with trade policies of the United States; and
Federal and State transportation agencies.
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.
Sec. 503 Authorization of appropriations
National Wildlife Corridor System— There are authorized to be appropriated to carry out title I for fiscal year 2020 and each fiscal year thereafter—
to the Secretary, $7,500,000;
to the Secretary of Agriculture, $3,000,000;
to the Secretary of Defense, $1,500,000;
to the Secretary of Commerce, $3,000,000; and
to the Secretary of Transportation, $3,000,000.
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.
changed
Wildlife movements movement grant program and regional wildlife movement councils—
Wildlife movement grant program—
changed
In general— There is authorized to be appropriated to the Secretary to carry out the wildlife movements movement grant program under section 301 $50,000,000 for fiscal year 2022 and each fiscal year thereafter.
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.
Administrative support— Not more than 5 percent of amounts appropriated under subparagraph (A) may be used for administrative support.
Regional wildlife movement councils—
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.
Equal division— Amounts appropriated under subparagraph (A) shall be proportionally divided between each regional wildlife movement council.
National Wildlife Corridors Database— There are authorized to be appropriated to the Secretary to carry out section 401—
$3,000,000 for fiscal year 2020; and
$1,500,000 for fiscal year 2021 and each fiscal year thereafter.